Houston DWI Lawyer | DWI Defense in Houston, TX

If you are thinking of driving a car in Ireland you better not have a drink before getting behind the wheel.  While the Irish are stereotypically depicted as heavy drinkers with a devotion to their Guinness they better not drink even one imperial pint of their celebrated beer before driving.  Until recently. Ireland's legal limit for DWI was .08.  Now, Ireland will become another country in Europe with a legal limit of .05 for the prosecution of driving while intoxicated cases.  They will be joining Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Italy, Latvia, Netherlands, Portugal, Slovenia, Spain.  What I found curious is that Lithuania's legal limit is .04 and Norway, Poland, Sweden's legal limit is .02.  A true zero tolerance for drinking and driving is found in Estonia, Romania, Slovakia, Czech Republic, Hungary.

Advocates for lowering our legal limit will certainly cite the international trend of lowering the legal limit for driving while intoxicated.  I foresee the legal limit being lowered once again in Texas to 0.05 or lower within ten years.  That would be the second time the legal limit will be changed since I became a lawyer.

 If you need the assistance of a Houston DWI Attorney please contact me at (713) 242-1779.

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As a DWI Lawyer in Houston, Texas I see many of the issues surrounding a DWI charge.  The public wants to cut down on DWI related accidents, defendants get falsely accused of DWI by a machine, and cops vigilantly arrest anyone that admits to drinking. 

DWI concerns in Japan and the United States has the Nissan and Toyota automobile companies developing a device that will shut down the vehicle if sensors pick up excessive alcohol consumption.  I wonder if this be a standard item on all automobiles or an optional feature.  If it is an option, I wonder how many people will be willing to add it to the purchase price of their new car?

If you need the help of a DWI Attorney call our law firm at (713) 242-1779 or click here to visit our website.

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As a Houston DWI attorney I get a lot of different questions pertaining to my client's DWI video.  A lot of them are discussed in this blog or on my DWI website.  One thing that is commonly overlooked is the function of the black line on the wall during a DWI station video.  The thick black line's purpose for being in the DWI video room is for determining if a person is swaying.  When a person is asked to do the DWI field sobriety tests they are usually placed in front of or next to the line.  The thinking is that if person sways it will be more noticeable with the line serving as an indicator.  While the black line is placed there by the police agency it can be a resource used by the accused too, since it can also illustrate the lack of swaying that is present.  This makes a police officer look foolish on the witness stand when they claim that my client had a noticeable sway, but none is displayed on the video thanks to our new best friend, the black line on the wall.

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Recently, I asked an important question relating to the Harris County District Attorney's Office Pretrial Diversion Program.  I wanted to know if a person charged with DWI with a child passenger will be eligible for the program.   The answer to the question was an emphatic NO.

A person charged with this crime is typically a young mother that makes the bad judgment of driving with their child in the vehicle while intoxicated.  Also, it has been my experience that the woman has never had an arrest before the DWI.  As a DWI Attorney that practices in Houston,  I do not see a difference between the woman that drives alone or with a child.  The definition of DWI in Texas is that the person lost the normal use of their mental faculties.  Thus, it should not come as a surprise that a person would make the mistake of driving with a child in their vehicle.  If the District Attorney's Office goal is really to assist first time offenders it should include these types of individuals in the pretrial diversion program in order to help not only the mother, but more importantly the child.

If you are trying to find a DWI lawyer in Houston please contact our firm at (713) 242-1779.

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Today, many Houston DWI Defense Attorneys attended a meeting with Roger Bridgwater, the assistant district attorney that is heading up the Pretrial Diversion program in Harris County.  The meeting was very informative.  Some of the highlights of the meeting are as follow:  first, and as a general rule anyone that has been handled by the police before will be ineligible for the program (including dismissals, not guilty verdicts, and PI cases).  Second, anyone with a felony charge will not be eligible (DWI child passenger cases).  Thirdly, the probation department will be supervising the person during the program and finally an ignition interlock with a camera will be required.  A person may be released from their surety bond pending completion of the program.  The length of the pretrial will be from 1-2 years depending on how they score after being tested and evaluated by the probation department.

A draft of the contract that will be required to be executed was handled out at the meeting, I will comment on that in a later post along with the type of people the program aims to help.

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It is common knowledge that people act differently when they are videotaped  The Houston DWI Officers are equipped with video machines in their vehicles to record the stop and the field sobriety tests that they request a person to do during a dwi stop.  Most of the time during the arrest the officer is the only person that knows that everything is being videotaped.  How a person does during the videotaping of the field sobriety tests is crucial.  In my experience as a Houston DWI lawyer, these videotapes are poor in quality and only show the obvious mis-steps that a person commits during the field sobriety tests.  They fail to show how well a person performs during the investigation.  The DWI officers have taken it upon themselves to act as play by play announcers during the time that a person is doing the tests.  This is distracting to the person trying to perform the tests and clearly could be viewed as one sided.  The officer only remarks on something the person may have done wrong without ever mentioning all the things that person is doing correctly. 

Recently, the Texas Criminal Court of Appeals, the highest appellate court in Texas, has held that the practice of the police officer commenting on the a person's performance during the DWI field sobriety test is hearsay.  Therefore, the commentary will not be heard by a jury during trial.  For the entire opinion click here.

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Logically, as a Houston DWI Attorney this is a number that I follow.  According to Don Egdorf, with the Houston Police Department's DWI Task Force, HPD recorded over 6,000 DWI arrests in 2008. That does not take into account all the other agencies in the Greater Houston, Texas area.

As of the end of May, we are looking at a pretty big increase.  The Houston DWI Task Force has already made over 3,300 DWI arrest.  There is a strong possibility that this may be a record year for DWI arrests in Houston. 

Please be careful after having a drink and driving.  You are not guilty of driving while intoxicated just because you have been arrested.  Fortunately, you are presumed to be innocent of any criminal offense in our Country.

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As a Houston DWI Attorney, I am surprised that M.A.D.D.has been relatively silent on the new Pretrial Diversion DWI Program proposed by the Harris County District Attorney's Office.  I am confident that once it is unveiled in August M.A.D.D. will have a negative opinion of the program.  Recently, M.A.D.D. demanded that a non profit with the same goals of curtailing drunk driving to stop proclaiming in their literature that they are partners. 

If you need help from a Houston DWI lawyer please visit click here or call our law firm at (713) 242-1779 for a free consultation.

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Are you kidding me?  As a Houston DWI Attorney I get to defend a lot of interesting cases, but I must admit that I have not come across one quite as unique as driving a bulldozer while intoxicated.  Somewhere Jeff Foxworthy is having a good laugh about this one.  If you would like to know more about DWI laws please click here.  For a free consultation contact the Houston DWI lawyer at (713) 242-1779.

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Now that the Harris County District Attorney's Office is going forward with the pretrial diversion program  for DWI cases should judges inquire if each defendant that is entering a plea of guilty before them has been made aware of this opportunity?  A judge's role is to protect everyone's rights.  Therefore, if the judge has an inkling that the person before them may qualify for a pretrial diversion for their DWI case and has not been informed of this possibility by their attorney for whatever reason the judge should caution the person about the consequences.

I realize that there a lot of variables in each case, and the plea admonishments discuss essential rights, but this new program changes the playing field for all DWI attorneys in Houston.

If you have any questions regarding a DWI in Texas please contact a Houston DWI Lawyer at (713) 242-1779.

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As a Houston DWI Attorney I have mentioned previously how the upcoming DWI Pretrial Diversion program proposed by the Harris County District Attorney's Office is going to benefit a great number of people.  Despite all the benefits there are sure to be some negatives associated with the program.    For instance, once the word gets out about the program DWI arrests will increase in the greater Houston area.  Police agencies will arrest more people because they will know that the prosecutor will readily offer a Pretrial Diversion.  Also, it has been a long held belief within the DWI task forces that the accused may "beat the rap, but will not "beat the ride."  In other words, a person accused of a DWI will have to bear the expense of hiring a DWI attorney in order to properly defend a DWI case.  Moreover, prosecutors will become less inclined to dismiss a DWI charge because they are going to push the pretrial diversion alternative. 

If you have any questions regarding a DWI in Texas please contact a Houston DWI Lawyer at (713) 242-1779.

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As a Houston DWI Lawyer/ Houston DWI Attorney it is my job to stay on top of developments in the DWI field.  The Texas legislature is implementing a new law that could alter how DWI arrests are treated.  The new law would allow the police to draw from a person involved in an accident, or driving a vehicle with a child, without a magistrate's approval. The police may start using a flashlight/gadget tthat indicates the presence of alcohol.  Both of these items are ripe for constitutional challenges once they are used by the police. 

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That is correct some states like Iowa and Minnesota make a separate crime to refuse the breath test even if you are later found innocent of a DWI.  Hopefully, we will never see the day that Texas makes refusing a breath test a crime.

If you need to talk with an attorney regarding your DWI case please contact our law firm (713) 242-1779 for a free consultation.

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As a Houston DWI Lawyer I like to inform my clients of what to expect in a DWI case.  I tell my client's that they need to be careful what they wish for in a criminal court case.  For example, a lot of people want to avoid having the interlock installed in their vehicle by telling the court that they do not have a car.   Typically, the court does not just take your word.  The court asks our client if there is any vehicle in their home that they have access to use.  Also, the court makes the person sign an affidavit stating they will not be driving any vehicle while they are on bond for their DWI case.  The consequences of being caught driving under this scenario is severe.  You could be arrested for driving while your license is suspended.  If this is the case the Judge may revoke your bond, and the Judge may also refrain from granting you an occupational license in the future.  Lastly, many courts will order our client to get the scram device installed if they claim that they do not have a vehicle to drive.  Most people say "no problem" until they realize that it will cost them $12 a day or $400 a month to have this device.  This is a significant amount considering that a DWI case may take from two to six months to complete.

If you have any question concerning your DWI case please visit our website at www.dwiattorneysinhouston.com or call us right now for a free consultation (713) 242-1779,

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Since I have been a Houston DWI lawyer DWI checkpoints have been outlawed in Texas.  That could be changing if a proposed bill becomes law.  These checkpoints allow the police to stop anyone without having probable cause to check for the possibility that the driver is operating a motor vehicle while intoxicated.  The proposed bill is unclear.  For instance, what will be the system in place for stopping  the vehicles, where will the checkpoints be located, and will the checkpoints be publicized like the bill suggests?  Also, surprisingly, the police will not be asking for proof of insurance or a driver's license when they make the stops.

While the United States Supreme Court has found the checkpoints to be constitutional many states have found them to be unconstitutional. Even if the bill passes I am confident that it will be heavily litigated in Texas.

If you have any questions regarding your DWI arrest please call our law firm at (713) 242-1779 or (800) 724-1876 for a free consultation.

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One of my clients recently published her DWI arrest experience.  She wanted to inform the public to know what it is like to get charged with a DWI in Houston.  As her Houston DWI Lawyer she was nice enough to allow me to post it here.  Despite getting her case dismissed she still felt the need to inform the public about what it is like to be arrested for DWI.

One Sunday evening, I joined 98,000 other Texans who share a similar plight.  I was arrested for DWI.

I was at a party hanging around, eating and drinking..  It was that last Shiner Bock that wrecked my life.  The drive home wasn't far, but somewhere along the way a police officer got behind me and thought I wasn't driving "quite right"- not staying completely in my lane.  He pulled me over and asked the usual questions about insurance, and he asked if I had been drinking that night.  I was surprised by that question.  Why would he ask that?  I was driving fine.  I knew that I wasn't drunk.  For some reason, the cop thought I might be.  The next thing I know he has me out of my car and I am doing some tests.  Incredibly to me, I am being arrested.  My car is being towed, I am not given a receipt, or where it would be towed.  I had to beg to be allowed to get my purse before it was towed.  Suddenly, this was all starting to feel quite surreal.  I cannot describe the feelings of humiliation and confused and despair as I sank into the bank seat of that dark police car, my hands locked in metal cuffs behind my back, totally alone, not having a clue what was to happen.  How could this be happening to me?

Arrested?  Going to Jail?  Me?  How could this be happening to me?  I am an upstanding citizen.  I am a good person.  I own a home, a car, I have a college degree and a good job, I go to Church, I walk my dog, once I hammer nails for Habitat for Humanity.  Doesn't the cop see the 100 Club sticker on my rear window?  How could this be happening to me?

If you would like to speak with a Houston DWI Lawyer contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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As I was waiting to talk to a judge I was noticing a newly licensed Houston criminal defense attorney take a DWI plea in a misdemeanor court and wondered if their client knew that they will be imposed a surcharge of $1,000 a year for the next three years from DPS for their conviction.  This year I have had clients seeking an occupational license, but were not aware about this surcharge and not realizing that the court will not grant the license unless the fees are paid. A DWI attorney must advise their client of all the consequences.

Most importantly, a person may be arrested for driving with a suspended license if they do not pay the surcharges despite not being told by anyone.   Thus, all misdemeanor judges should take the step and admonish everyone that is before them and going to plea guilty of DWI that a surcharge will be imposed by DPS.

If you are searching for a DWI Attorney in Texas please contact our law firm at (800) 724-1876 or visti our website at  www.mmalaw.com.

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I like to refrain from commenting on local criminal cases, but Emilio Navaira's DWI case illustrates several different aspects about a criminal case in Houston that are important to note.  First, since his injuries were severe it showed that the accused needs to be competent to stand trial.  Second, it depicts how long a DWI investigation can last. In this case it was close to a year.  Third, it illustrates how the Harris County District Attorney's Office still may charge Emilio with intoxication assault since other people were injured in the accident. 

Emilio was smart to post a non arrest bond when he was notified that there was a warrant for his arrest. This allowed him to skip being formally arrested and booked into a jail.  Moreover, his bond would have been set around $1,000 because he only has one previous criminal conviction.  However,  he was also charged with his second DWI in Bexar County before this incident raising the bond in this case to $5,000. Also, he signed an affidavit stating that he did not own a vehicle to the Bexar County Court, therefore the reason that he needed to do this is because the law provides that in this situation the accused must install an ignition interlock device in their vehicle.  A person that does not own a vehicle also signs this type of affidavit in Harris County, Texas, but in a lot of courts the person must also get fitted with a scram device. 

On the bright side, while Emilio looks to the non-criminal lawyer to be a third DWI offender under Texas law he is actually still considered to be a second offender  because he has never been convicted of  a second DWI.  This is significant to mention since a third offender would be facing up to ten years in the Texas Department of Corrections instead of one year in a county jail for a second DWI offense.

Mr. Navaira's case will be heard in the Harris County Criminal Court at Law #11 where Judge Diane Bull presides. 

If you need assistance with your DWI case please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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Recently, one of my Fort Bend County clients that is a first time DWI offender could not believe that this is possible or that anyone could put themselves in the position to go to prison for life.  Since DWI is an escalating crime it can happen.  The most common way occurs is when a person has had two prior DWI convictions and has gone to prison on two separate occasions for any crime.   Another way is if the person has two prior DWI convictions and on their third arrest a death occurred.  In this instance, the person is charged with Felony Murder.  The allegation is that while committing the felony of a Third DWI the person caused the death of a person. 

As you can see, DWI convictions have significant long term consequences whether it occurs in Fort Bend, Galveston, or Harris County, Texas.  Thus, I inform all my clients that it is imperative to be ready to properly defend their DWI case from the outset.  If you have any question regarding your DWI arrest please call our office at (800) 724-1876 or visit website www.mmalaw.com.

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I applaud M.A.D.D. for all they have accomplished in raising the awareness of driving while intoxicated, however M.A.D.D like other organizations tend to go overboard at times.  They seem to lack any sympathy for the first time offender of DWI. 

I have never met a person who intends to commit the crime of DWI, unlike a person who commits a theft, or an assault.  Accordingly, the law in Texas does not make "intent" an element of the crime.  I routinely tell my clients that anyone may be arrested for DWI and this does not mean that they are bad person or even that they are guilty of the crime.    A perfect example of this is Charles Beebe, a Cincinnati Police Officer, and a Top Cop M.A.D.D. award winner, who was arrested for DWI.  I am sure Officer Bebee is glad that he is presumed innocent just like everyone he ever arrested.  His case is still pending trial.

If you need assistance with your DWI case in Texas please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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A DWI in Houston, Harris County, Texas is a traumatic experience for anyone.  Typically, it happens late at night, the accused is not prepared to get arrested, and even if you are innocent your drivers license may still be suspended.  As I have mentioned before, the consequences of a DWI are severe.  I can not think of a state worse than Arizona when in comes to how it treats those arrested for DWI.  Could you imagine living in the state of Arizona where a person goes to jail for their first DWI conviction?   The law does not care who you are in the state of Arizona.  Charles Barkley, NBA Hall of Famer, will vouch for that since he is set to serve at least 5 days in jail for his first DWI conviction.

If you need assistance with your DWI case in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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As a Houston DWI Attorney I dislike having to break it to people all the costs that are associated with a DWI. Most people know the consequences of a DWI conviction.  There is jail, fines, and the revocation of driving privileges.  The costs of a DWI conviction can range from losing your freedom, to losing your hard earned money, to the very right to travel outside the United States of America.

Texas legislators have found that someone convicted of DWI is an easy target.   For example, in Texas there are mandatory conditions for a DWI conviction.  Two examples include, DWI School as well as a Victim Impact Panel. The Victim Impact Panel is a humbling meeting for the accused, made up of Mothers Against Drunk Drivers members who convey harrowing stories of DWI victims.  In other instances the Ignition Interlock Device is required and community service will also be involved.

There are many costs associated with a DWI.  There are attorney fees, fines, court fees, mandatory surcharges imposed by DPS, potential civil suits, electronic home monitoring, time lost from work, programs and community service, license reinstatement fees, Interlock device, alcohol treatment, insurance premium rates rising, towing and storage fees. A conservative estimate would easily put the costs in the neighborhood of $10,000.

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There are other consequences of a DWI conviction which involve more than money. Many automobile rental agencies will refuse your business. If you are convicted, you may not be able to obtain life insurance at any price. Likewise, many health insurance companies will charge you an extra premium, or deny you coverage. A  conviction may restrict you from traveling to some countries. Most countries only exclude you for a felony, but some, like Canada, treat all criminal convictions, including DWI as a basis for exclusion from the country.

If you have any questions regarding a DWI please contact our law firm.  We offer free consultations.

If you need assistance with your DWI case please contact our law firm at (713) 242-1779 or click here to visit our website.

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I found it unbelievable last week during trial the that the Cypresswood substation located in Harris County, Texas does not have a working  videotaping device for DWI cases.  According to Constable Norris, a Corporal with the Harris County Constable Precinct 4's Office, it is common knowledge that this is occurring, but it is not up to the constable's office to get the device in working order.  He is of the opinion that it is up to the Harris County District Attorney's Office to maintain the videotape machine in working order.  That statement completely floored both prosecutors trying the case and is completely wrong.  Most appalling, is that after speaking to other attorneys in the courthouse this is not the first time that this Constable has testified that a videotape was not made in a DWI case.  Constable Norris understands the importance of a recording of someone ac cussed of DWI, but cavalierly dismissed the idea during trial.  A DWI video not only allows a jury to see the accused for themselves, but allows a lawyer to review a police officer's actions during the tests.  It is quite common that an officer does not explain the test correctly, or follow the specific guidelines developed.  If an officer does this incorrectly the tests results are deemed invalid.

Since Kate Dolan, the Misdemeanor Division Chief, was in court during his testimony I am confident that she will look into this issue.  The citizens of Harris County deserve much better!

If you need assistance with your DWI case please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhoustoncom.

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As a DWI attorney in Houston I dislike having to tell my clients abut all the hidden costs of a DWI. Everyone knows about the fines and court cost that are associated with a DWI conviction.  What most people do not know about are the surcharges imposed by DPS if someone is convicted of DWI.  Also, a person's automobile insurance rates are likely to go up and their credit rating will be negatively impacted.  Even life insurance rates are harder to obtain after a DWI conviction.

 Thus, it is important to hire a lawyer that is experienced with DWI defense.  It does not matter if you are charged in Houston, Conroe, Friendswood, Sugarland, Missouri City or Richmond the consequences and cost are all the same.  If you like to talk to me about your DWI case call me at(800) 724-1876 for a free consultation.

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A Florida study illustrates what we always think as DWI lawyers in Houston...tougher DWI laws do not deter drunk driving.

If you need help with your DWI case in Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.  We represent people accused of DWI in Harris County, Fort Bend County, Montgomery, and Galveston County.

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