You do not have to be a Houston DWI Lawyer to know what a drunk person looks like. Most people that get arrested for DWI have an idea of what an intoxicated person should look like. Unfortunately, the police, prosecutors, and our legislators have a much different idea. Click here to see a man that truly fits the description of an intoxicated person. Benny Hill would be proud.
As a Houston DWI Lawyer I am regularly asked the above the question. For the last several years, the answer has always been the same. No, the state of Arizona imposes even harsher penalties for DWI cases. I would hate to be a DWI defendant in a state where in some cases I would be facing a minimum 45 day jail sentence for my first DWI conviction. Whether you are charged with a DWI in Texas or in any other state the consequences are severe. An experienced DWI Attorney will assist you during this stressful event to make sure that everything is done on your behalf.
If you are interested in a concise description of the DWI penalties in Arizona Lawrence Koplow, a Arizona DUI Attorney, provides it in a recent blog post.
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.
As a Houston DWI lawyer I track the pertinent issues regarding driving and alcohol. There is always a lot of talk about how alcohol related accidents by Mothers Against Drunk Drivers,(MADD), but a closer look that a more significant danger is mistakes made by doctors. When will the public wake up and start to realize that their doctor poses a greater threat to them than someone that is behind the wheel of a vehicle after drinking.
The rumor around the Harris County Courthouse is that Judge Bill Harmon, presiding judge of Harris County Criminal Court at Law #2, is going to say "NO" to any Harris County District Attorney's Office DWI Pretrial Diversion program in his court. That creates several issues. First, who will be the first Houston DWI lawyer to seek a recusal of Judge Harmon based on this position? Second, will the District Attorney's Office oppose the recusal since it is their program? Third, will an appellate court rule that a pretrial diversion is within the range of punishment for a Class "B" DWI? I am looking forward to seeing the road this program travels as it takes off this month.
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.
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) 225-1038 for a free consultation.
Recently, I reviewed the results of the search terms regarding our website www.mmalaw.com and noticed that a lot of clicks to our website were made when someone was looking for the rules and regulations concerning mixed martial arts. I guess that the logical reason for that is that "mmalaw" sounds like it would deal with the laws regarding that sport. I would imagine that the people clicking on our website will be disappointed to find out that I am a Houston Criminal Attorney and a Houston DWI Lawyer and not an authority on mixed martial arts.
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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) 225-1038.
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) 225-1038.
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) 225-1038.
The Harris County District Attorney's Office is considering a progressive approach to the way that first time DWI offenders are prosecuted. The plan being considered is to grant a pretrial diversion to those charged with their first DWI. The program would spare the person from having a conviction for the rest of their lives if they successfully complete the program.
As a lawyer that routinely sees the effects of a DWI conviction I applaud this approach by the District Attorney's office. Most of the people that we assist with a DWI arrest are first time offenders. As I have stated on this blog the consequences of a DWI conviction can seriously impact a person's life. This new policy will help countless people in Harris County.
This decision by the Harris County District Attorney, Pat Lykos, is a departure from her earlier proposals that seemed to be politically motivated. Conversely, I suspect this approach will cause M.A.D.D, and other DWI zealots to adamantly oppose this approach that has proven to be effective in other jurisdictions. The zealots will direct the public to the numbers of DWI fatalities in Texas, but will not admit that the methods that are currently being used to prosecute DWI cases are not working. Thus, a fresh approach is to be commended.
If you have questions regarding a DWI/DUI in the Houston, Harris County area please contact our law firm at (713) 225-1038 or click here to visit our website.
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.
As a DWI Lawyer it is my job to monitor what the courts are doing with defendants in their courts. For example, what ever happened to being presumed innocent? Just this week I overheard a judge reprimanding a person on bond for DWI that his driving habits were not "normal" according to his interlock log. I almost fell out of my chair that the court would be monitoring a person's driving habits so closely when they are only accused of a crime. The judge went as far as threatening to add the scram device as an added condition to the poor guy's bond.
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) 225-1038 for a free consultation.
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) 225-1038,
At the police station, I was turned over to an official "DWI Task Force" team (two officers). The first thing they wanted me to was the Field Sobriety Tests (FST). You know - walk the line heel-to-toe, like you see on TV. Other tests involve standing on one foot and counting to 30, and standing with your eyes closed and your head tilted back. I later learned that these tests are "divided attention" tests, designed to test your physical acuity, as well as your ability to follow directions, do two things at one time, etc. Why they use these tests I don't understand, because no accredited medical society endorses them, and even stone-sober people can't pass them. They don't tell you what you are being graded on. You do not know that, "Stand there until I tell you to start," means, "If you shift your weight or move even one muscle, I am going to put black marks all over your scored." The also don't tell you that you have a right to refuse to perform the tests. The whole thing is overwhelming, you're scared, in shock, and you're afraid to ask questions.
Next the officers asked me again to take the breath test. This time, I was allowed to sit and read information about it- specifically, what happens if you do or do not take the test. In Texas, if you take the test and fail, you loose your driver's license for three months. If you refuse to take the test at all, you lose your license for six months. IF you take the test and pass, you don't lose your license...but you can still be prosecuted for DWI, if the police think there is enough against you. A conviction cold mean losing your license.
With the printed information in front of me and time to think, I figured, "I don't think I'll fail the test but you never know. If I lose my license and can't get to work, I probably can afford to make it for three months. But, I can not afford to be off for six months." So I decided to take the test.
I "blew", as it is called, under the legal limit. I was elated! Until the officer looked at me and said two words- "reverse extrapolation," which means that they use mathematics to figure what your level is now and then figure the rate an average human metabolizes alcohol, and use that to say what they think your blood alcohol level might have been at the time you were driving. So, no. They were not going to let me go home.
The police officer then did some test on my eyes. You know- follow the moving pen with your eyes. He also took my pulse and blood pressure, and spent a lot of time checking my inner arms for needle tracks. The he asked if I would consent to a drug test. WHAT? Me suspected of illegal drugs? Well, I do not do any drugs, and I had no qualms about taking this test. But wait a minute! Many people I know do use marijuana and some of the people at the party were smoking. What if I had inhaled some of the smoke, and there was enough to test positive?
They said that something about the way my eyes moved was consistent with eye movements of people high on dope. Oh, "No Problem", I said, smiling again.
If you find yourself neeeding the help of a DWI Attorney in Houston please contact our law firm at (713) 225-1038 for a free consultation.
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) 225-1038 or (800) 724-1876 for a free consultation.
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) 225-1038 or visit our website at www.dwiattorneysinhouston.com.
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As a DWI Attorney in Houston I always thought Utah was a conservative state and these latest proposals do not change my opinion. A bill in Utah is going to great lengths to eliminate alcohol consumption outside of the home. The bill requires all restaurant bartenders to make the drinks behind a ten foot wall. Also, Utah intends to criminalize anyone that looks drunk. Talk about a slippery slope, today, it is hiding the bartenders next it is banning all alcoholic beverages in a restaurant.
Here is hoping that Texas does not follow this line of thinking. I would really miss a drink with my meal. If you find yourself needing a lawyer for an alcohol related crime please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.
Many of our clients are first time offenders and have typically never been in trouble with law enforcement prior to contacting us for help. When they arrive at our office the first thing they they normally tell us is how badly they were treated by the police. They also can not understand why the officer did not take into account their otherwise pristine criminal record. I often tell them about the different cases that we have defended where we have been amazed at the fact that an arrest had in fact taken place.
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A perfect example of the police not making an exception for anyone is the recent DWI arrest of a groom on his wedding day. His case landed in Harris County Criminal Court Law #7 where Pam Derbyshire presides.
Luckily, every person that is charged with a DWI is presumed to be innocent and there are an infinite amount of ways a case may be defended. Thus, do not be disheartened about your arrest. All is not lost. We can help you. Please call our law firm (713) 225-1038 for a free consulation or visit our website at www.dwiattorneysinhouston.com.
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) 225-1038 or visit our website at www.dwiattorneysinhouston.com.
I have discussed before how Harris County Judges treat those accused with their first DWI. There are a lot of judges that will go beyond what the law requires when someone finds themselves in court for their first DWI like requiring a person to install the ignition interlock device when they are involved in an accident . Now MADD is pushing legislators to require anyone convicted of a DWI in Texas to get the ignition interlock device. This proposal is going too far. Our DWI laws already provide a substantial hardship for someone convicted of a DWI. MADD likes to point out recent deaths that involved repeat offenders driving a vehicle. In my opinion, relying on these instances is misplaced. Why punish the first time offender when there are programs in place to make sure this does not happen again such as the Victim Impact Panel that is usually led by a MADD representative, the DWI School, and the drug/alcohol evaluation that a person undergoes when they are placed on probation. Also, MADD overlooks that anyone that has an alcohol rate above rate over .15 when driving is required to place the device in their vehicle. Texas law adequately deals with repeat offenders by requiring a hard suspension (no occupational license) for those convicted of a subsequent DWI within five years. Additionally, DPS license suspensions increase for repeat offenders, MADD should focus their attention on someone other then the first time offender who usually has not been arrested before and is unlikely to re offend because of the traumatic experience of being arrested. I am sure the "Benjamins" have something to do with this new crusade.
If you need assistance with your first DWI case in the Houston, Texas area please contact our law firm at (713) 225-1038 or click here to visit our website.
The short answer is there is virtually no difference between DWI and DUI in Texas.
Both DUI and DWI are terms that refer to operating a motor vehicle losing the normal use of their mental or physical faculties. The biggest difference between the two is only in what the letters stand for. DWI is an acronym for driving while intoxicated and DUI stands for driving under the influence.
In some states, the drunk driving laws differentiate between a DUI and a DWI, where the DUI is a lesser charge. In these states, a DUI usually signifies a lesser degree of intoxication, which is determined by a person’s blood alcohol level at the time of arrest.
For example, New York State differentiates between DWI and DUI by establishing a blood alcohol level of .08 as the legal limit for DWI. If a person has a blood alcohol level of .07, the charges may be reduced to a DUI, which carries a lesser punishment.
In Texas like most states throughout the country have developed a zero policy, and consequently, they do not recognize any difference between a DUI and a DWI. As far as the law is concerned, any blood alcohol level over the specified limit is a crime that will be punished in the same manner. In some states, the terms DUI and DWI are used to indicate whether a person was driving impaired under the influence of drugs or alcohol. In this case, DUI is reserved for illegal drugs.
If you need any assistance with your case in Texas please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.
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) 225-1038 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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