DWIDriving while intoxicated (DWI) is one of the most common crimes charged. I am sure you have all heard the slogan "Drink, Drive, Go to Jail." This is not the law. It is simply not a crime to consume alcohol and drive. It only becomes a crime if a driver has lost the normal use of their physical and/or mental faculties OR has blood alcohol content (BAC) of .08 or more. The legal professionals at the Law Offices of Roderick C. White have the knowledge and experience to aggressively defend you against a DWI charge and/or suspension of your driver's license even if you do "Drink, Drive, and Go to Jail." Below are links to DWI-related informational pages that every Texan should know: • Classifications & Punishment for DWI Convictions Classifications & Range of Punishment for DWI ConvictionsCommunity supervision (probation) consisting of a host of classes, community service hours, and/or counseling is typically available for most DWI convictions. However, below are the maximum punishments for each DWI conviction: DWI, 1st Offense: Class B Misdemeanor DWI, Second Offense: Class A Misdemeanor DWI, Third Offense (or greater): Third degree FELONY Other DWI-related Offenses Intoxication Manslaughter: Second Degree Felony: A person can be convicted of this offence if it is shown that the person operated a motor vehicle in a public place, was intoxicated and by reason of that intoxication caused the death of another by accident or mistake. DWI Surcharge Field Sobriety TestsMotorists suspected of DUI / DWI are routinely asked by police officers to perform one or more field sobriety tests. These tests were developed by police agencies to assist law enforcement officers in making roadside determinations as to whether a motorist is under the influence of alcohol or drugs. A motorist alleged to have performed poorly on these tests provides the probable cause or legal justification the officer needs to arrest. Also your performance will become part of the proof used later to convict the person at trial. Accordingly, almost EVERY knowledgeable DUI/DWI attorney will almost always strongly advise against attempting any of these tests. The three field sobriety tests typically used in Texas are (1) the walk and turn [WAT] test, (2) the one leg stand [OLS] test, and (3) the horizontal gaze nystagmus [HGN] test (nyatagmus is the involuntary jerking present in everyone's eyes; it is alleged that alcohol exaggerates this jerking). Despite the "junk" science that law enforcement uses to validate these tests none are very reliable. The WAT exercise, when conducted properly on a qualified subject on a dry, level surface, was found to be 68% reliable in determining intoxication. This means that 32% of the people who perform poorly on the WAT are quite likely not intoxicated. The OLS exercise, when conducted properly, on a qualified subject on a level, dry surface, after proper instructions and where correctly demonstrated and scored, is about 65% reliable. Accordingly, 35% of people who allegedly fail this test are not actually intoxicated. Likewise, the HGN evaluation, when performed correctly on proper subjects and interpreted accurately, had a 77% reliability rating. Therefore, even under the best circumstances 23% of the people who, based upon their HGN evaluation, police officers believe are intoxicated in reality are not. If you have mistakenly subjected yourself to these tests we will challenge the subjective nature of the evaluations, the accuracy of the principles behind the tests, the accuracy of the administration of the tests, the credibility of the officer who requested and administered the tests, and challenge all circumstances connected with the evaluations. Knowledgeable criminal defense lawyers know that 98% or more of the officers administering these evaluations do them wrong, or conduct them in a manner (or on a test subject) not approved by the manual, or grade the evaluations improperly, as per the manual, or ALL OF THE ABOVE. When done incorrectly, these evaluations loose their predicted reliability. The legal professionals at the Law Offices of Roderick C. White are experienced in the aggressive cross-examination of the arresting officer using his/her OWN training materials. Breath TestsBreath analysis is probably the most commonly used technique by law enforcement to determine whether a suspect was intoxicated. However, the reliability of many breath tests can be successfully called into question. Some scientists and experts think that breath tests, as they are currently administered by police, are very inaccurate, as far as their ability to measure blood alcohol content. Based on the testimony of many of these scientists and experts some courts and juries have thrown out breath test results because of their unreliability. This inherent unreliability can be magnified if police do not follow proper procedures, such as calibrating the machine, testing blank specimens, and / or making sure that a suspect is not affected by his or her external environment. The legal professionals at the Law Offices of Roderick C. White know how to aggressively challenge the accuracy of a breath test. Administrative License Suspension / RevocationNot only does a DWI arrest result in a criminal charge, it also initiates a civil proceeding against the arrested motorist's driving privileges called an administrative license revocation, or ALR. An ALR suspension is initiated against an arrested driver when he or she either refuses to submit to breath or blood testing, or fails a breath or blood test. This results from the Texas implied consent statute. This law essentially states that any person who operates a motor vehicle on Texas roadways has impliedly consented to provide a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusing to submit. Notice of ALR Suspension When making an arrest for DWI, officers are required to take possession of any driver's license issued by the state of Texas held by the person arrested and issue the person a temporary driving permit that expires in forty-one days. However, a proper request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place. An ALR suspension is automatically occurs unless you request a hearing to challenge the suspension. You (or your attorney) must make this request in writing within fifteen days after receiving notice of suspension. If a hearing is not timely requested, the suspension will automatically begin on the forty-first (41st) day after notice was received. If a hearing is requested, no action can be taken regarding suspension until after the hearing has taken place. The ALR Hearing Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following by a preponderance of the evidence:
Suspension Provisions for Adult Drivers Without any prior alcohol or drug related contacts against the accused driver during the previous 10-year period, an individual 21 years old or older who refuses to submit to a breath test can have their driver's license suspended for 180 days. If an individual 21 years old or older fails the breath test the suspension is for 90 days. If the driver has had a prior alcohol related contacts within the last ten years refusal can result in a suspension for two years and failure could result in a suspension for one year. If the driver who refuses does not have a driver's license, an order will be issued denying the issuance of a license to the person for 180 days. The term "prior alcohol or drug contact" as used above means a prior driver's license suspension, disqualification, or prohibition order under the laws of this state or any other state resulting from a conviction for driving while intoxicated, a refusal to provide a requested specimen, or providing a specimen showing an alcohol concentration of 0.08 or greater. |
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