You’ve been pulled over by the police on your way home from a dinner party and you are asked to take a field sobriety test. What do you do?
The following are common DWI Questions and Answers. If you have further questions, don’t hesitate to call our Houston DWI attorneys at (713) 224-5529 to schedule your free consultation.
Do not give a breath sample. The officer will most likely tell you that you will be arrested if you don’t take the breathalyzer, and that your license will be suspended. What they don’t tell you is that if you blow over .08 (the legal limit) you will be arrested and your license will be suspended anyway.
In order to keep your license from being automatically suspended, we will request an Administrative License Revocation (ALR) hearing to contest DPS’s contention that there was probable cause for your arrest.
In short, No. DPS will try to suspend your license independent of anything that is happening with your case in court. Additionally, upon a final conviction of DWI, the criminal court judge can suspend your license for anywhere from 6 months to one year depending on your age and the circumstances of your case, prior convictions, etc.
If you have a clean criminal record and there were no serious injuries in your first misdemeanor DWI, you should not have to worry about doing any additional jail time. In Harris County, probation is an option as an alternative to jail time.
For DWI’s in Texas, even if you receive probation, you will have a final conviction on your record. The law states that on your second DWI, you must spend at least 30 days in jail if you are convicted. This enhancement can sometimes be waived, however.
A DWI 1st carries a maximum fine of $2,000 which can be paid monthly as a part of probation. Additionally, as of Sept. 1st 2003, DPS will assess an additional penalty of a minimum of $1,000 per year for three years upon a final conviction for DWI.
Absolutely not. A breath sample from an Intoxilyzer machine can be inaccurate. There are ways to attack the validity of the breath test results.
This is a common question. Sobriety tests are generally considered non-testimonial in nature and Miranda does not apply to non-testimonial evidence.
You should contact an attorney immediately if you or a member of your family or a close friend has a warrant for their arrest. A warrant has been issued by a magistrate or a judge. The arrest warrant commands a law enforcement officer or some other person specifically named to arrest the body of the accused and take the body to be dealt with according to law. By contacting our firm, we can help resolve the warrant problem without the person being arrest and without the person having to turn himself in.
The police officer is required to take a person in front of a magistrate without unnecessary delay, but no later then 48 hours. The magistrate is required to inform the person accused of:
Any confession you make during a custodial interrogation cannot be used against you unless you are first advised of your Miranda rights. Some statements and confessions may be used against you prior to arrest and prior to a custodial interrogation under certain circumstances.
In a newly obtained video, a Houston Police officer is seen balling his fist, punching a woman in the face and slamming her to the floor of a drunk-tank cell after she swung her elbow at the officer while questioning the no-refusal blood test.
The Harris County District Attorney's Office has dismissed 90 pending misdemeanor and felony drug cases after a deputy improperly destroyed evidence at the Precinct 4 Constable's Office.
The Harris County District Attorney's Office is forced to throw out more than 140 cases so far after it was discovered over 21,000 pieces of evidence was destroyed by the Precinct 4 Constable's Office.
The Harris County District Attorney's office is re-evaluating a decade's worth of DWI cases. This comes after the credentials of an expert witness, a toxicology analyst, were called into question.
There are over 1,000 cases under review because of the misuse of evidence. While 142 have been dismissed thus far, there has been a high number of cases in which evidence has been destroyed - most of the cases involving drug crimes.
After and expert's qualifications have been questioned, there are nearly 10 years of DWI cases being under review in Harris County.
After being questioned about her credentials in DWI cases, a woman responds publicly.
Expert witness has been accused of lying on the stand and moved down to a lower level position.