If you have a commercial driver's license, a DWI conviction will result in the loss of both your license and your livelihood. You need an experienced attorney to fight the conviction.
Choose a DWI Topic:
Drunk Driving / DUI - An Overview
Driver license Suspension
Jury Trial
The Prosecutor's Role in a Drunk Driving Case
The Impact of a Drunk Driving Conviction on Auto Insurance
Drunk Driving / DUI - An Overview
Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs.
In 2001, more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. Police and highway patrol officers are cracking down on drunk drivers with increasing frequency as a result of influence from groups like MADD and public outcries in general. If you find yourself at the center of this crackdown, you need an experienced drunk driving attorney to represent your interests and work toward the least restrictive outcome possible.
Many states have now lowered the legal blood alcohol concentration (BAC) limit from .10 to .08 percent for adults, and more than a dozen states have passed Zero Tolerance laws that prohibit drivers under twenty-one years old from having any measurable amount of alcohol in their blood system. As the legal limits decrease, so do your chances of being charged with drunk driving if you choose to drink and drive. If you've been arrested for drunk driving, you need the skill and expertise of an experienced drunk driving attorney to see you through the complicated legal maze that awaits you.
In recent years, the penalties for drinking and driving have increased, especially for repeat offenders. Many state legislatures have passed laws requiring mandatory jail time for subsequent drunk driving convictions, and some states prohibit plea-bargaining in drink driving cases. The fines have become steeper, the license suspension periods have become longer, and getting a "hardship" license that permits travel to and from work has become more difficult. If you've been charged with drunk driving, you need the help of an experienced drunk driving attorney so that, in view of these ever-harsher penalties, you can work as a team toward the best possible outcome.
Fines and possible imprisonment may seem like the scariest part of a drunk driving charge, but the effects of a conviction can actually reverberate into the offender's life in other lasting and insidious ways, too. In some cases, the offender may have to forfeit his or her vehicle, for example, and in nearly all cases the offender has to give up his or her driver license, at least temporarily. Without a license, it may be impossible to find or keep a job, or to take care of a family's needs. And auto insurance can be hard to get and extremely costly after a drunk driving conviction. A lawyer experienced in drunk driving law can explain all of the potential consequences and work hard to minimize the long-term effects of a drunk driving charge.
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In almost every DUI-DWI case, a driver has two cases to contend with. The DUI-DWI arrest results in criminal charges, but what most drivers do not realize is that an arrest also initiates a civil proceeding against the arrested motorist's driving privileges called an administrative license revocation (ALR). An ALR suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose an ALR suspension against a driver lies in the Texas implied consent statute. This law states that each person who operates a motor vehicle on Texas roadways has impliedly consented to provide a specimen of breath or blood if arrested for DUI-DWI and provided with the applicable consequences of refusing to submit to testing.
The first thing some one charged with DWI, should know is that they have 15 days to request an Administrative License Revocation hearing (ALR) to challenge the suspension of their license. If you do not request the hearing within 15 days of your arrest, then your license will automatically be suspended 40 days after your arrest. If a hearing is requested, no action will be taken regarding suspension until after the hearing has taken place, even if the hearing takes place more than forty days after the arrest. The suspension period will probably be 90 days if you took the breath test or 180 days if you refused the exam. Some people request an ALR by phone. This is a bad idea because at an in-person hearing, we can subpoena the police officer to the hearing. If the officer does not appear, then DPS cannot admit his report into evidence. If that happens, you win the hearing and your license is not suspended. If the officer does appear, then I will cross-examine him and look for weaknesses in his testimony. If you do not request the hearing, I will apply for an occupational driver license. Further, in the event of an ALR appeal, the suspension can be delayed for an additional ninety (90) days. If you have concerns about your driver license, call us immediately at 713-224-4040.
It takes about 6 weeks to obtain an ALR hearing. At the ALR hearing the DPS must prove the following:
- Whether the law enforcement officer had reasonable suspicion to stop the driver
- Whether the officer had probable cause to arrest the motorist for drunk driving
- Whether the officer complied with Texas implied consent law in terms of offering an opportunity to provide a specimen of blood or breath
- Whether the driver refused to provide a specimen of blood or breath or failed a breath or blood test by registering al alcohol concentration of .08 or greater.
I will work hard to try and prevent your license from being suspended, but if your license is suspended, I will apply for an occupational driver license.
After the ALR hearing, we will either request a jury trial or negotiate a plea bargain. Obviously, I will try and convince the state to dismiss your case. If you do not want a trial, I will try and negotiate the least punishment possible. In the past, I have had cases reduced to reckless driving. I have also had clients pay a fine only. The following are the three legal issues in your trial:
1) Did the police have reasonable suspicion to pull you over?
2) Did they have probable cause to arrest you, and
3) Can the state prove beyond a reasonable doubt that you were operating a motor vehicle while intoxicated?
Most of the time, the state can prove that there was reasonable suspicion to pull you over and probable cause to arrest you. However, sometimes they make mistakes. For example, I represented a client recently who was pulled over because her front passenger was vomiting. There was no other reason given by the police officer for the stop. I was able to win her ALR hearing and prevent her license from being suspended. I also convinced the state to dismiss the case after filing a motion to suppress. Under the law, the fact that her passenger was vomiting outside the car was not reasonable suspicion to pull her over.
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Most people are not lucky enough to have the charges dismissed, and in order to win their cases, they have to take their cases to trial by jury. I believe juries focus on two things at your trial. First, they want to know that you have learned your lesson. I will try to assure them that you were traumatized by this experience and that you will not drink and drive in the future. DWI is a crime that the jury can usually relate to. Most people have known someone who has been arrested for DWI. Second, the jury considers whether the state has proven that you were intoxicated beyond a reasonable doubt.
The key in picking a jury is to find people who believe it is alright to have a drink and then drive and then giving them information that causes them to have reasonable doubt about whether you were intoxicated.
To establish reasonable doubt, I will do the following
1) Give an explanation for how you were driving
2) Try and show that you stopped when the police officer asked you to stop
3) Provide an explanation for whatever other signs of intoxication the officer says he observed.
4) Obtain records of any of your physical handicaps.
5) Tell the jury how much you had to drink and why this did not cause you to be intoxicated
6) Use the manual the officer was trained with to challenge the field sobriety tests he gave you. I will use the manual to try and show that the officer did not administer the tests properly. If the officer did not administer the tests properly, then I will ask the judge to exclude the tests.
7) Show that there was no good reason for you to take the breath test.
8) Challenge the accuracy of the Intoxilyzer 5000 breathalyzer.
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The Prosecutor's Role in a Drunk Driving Case
Prosecution refers to the government's role in the criminal justice system. When criminal activity is suspected, it is often up to the government to investigate, arrest, charge, and bring the alleged offender to trial. Prosecutors are the lawyers who work for the government and who are responsible for putting on the government's case against a defendant. Prosecutors may be called county attorneys, city attorneys, or district attorneys. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court. Because these public attorneys focus their energies on prosecuting criminal cases, they are generally very experienced in criminal law, and it is therefore essential that the defendant's attorney have the same advantage. Thus, in order to best preserve a criminal defendant's rights and strike a fair balance in court, representation by an experienced criminal defense attorney, particularly one knowledgeable in drunk driving law, is a must.
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The Impact of a Drunk Driving Conviction on Auto Insurance
After completing the sentence imposed by the court, the drunk driving offender is often eager to resume his or her normal life. Returning to work, school, and other activities generally requires driving, however, and driving requires automobile insurance. One of the consequences of a drunk driving conviction that many offenders may not think about until the worst seems to be behind them is the prospect of obtaining auto insurance after a conviction. An attorney experienced in drunk driving law can explain — and possibly even circumvent — the full range of repercussions that can result from drunk driving, regarding insurance and otherwise.
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Contact David A. Breston or call (713) 224-4040 for a free consultation.
