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CONTACT US BY PHONE OR EMAIL
Law Office of Doug Goyen
9502 Webb Chapel #205
Dallas TX 75220
Local: (972) 599 4100 or toll free (855) 599 4100
Fax: (972) 398 2629
Dallas DWI Lawyer / DUI Lawyers Dallas
Serving the Dallas Fort Worth, North Texas area
9502 Webb Chapel #205
Dallas TX 75220
Local: (972) 599 4100 or toll free (855) 599 4100
Fax: (972) 398 2629
Dallas DWI Lawyer / DUI Lawyers Dallas
Serving the Dallas Fort Worth, North Texas area
SMU Graduate, Law School
University of Texas - Dallas, BBA - Summa Cum Laude
University of Texas - Dallas, BBA - Summa Cum Laude
Driving While Intoxicated . . . Lawyer handling all
aspects of DWI cases in Dallas County (including
Dallas, Garland, Richardson, Grand Prairie, etc.).
In the United States, the criminal justice system is
"adversarial" in nature. What this means is that you have the
prosecution on one side, the defendant on the other, and the
judge is the referee (supposedly not on one side or the
other). The prosecution will try to "win" by obtaining a
conviction with as much punishment as possible. In order to
protect yourself, you need an attorney to make sure you are
treated fairly.
In a criminal case your liberty is at stake. You also can be hit
with multiple fines, expenses, surcharges, and costs that can
exacerbate your situation. You need an attorney to ensure
you have someone fighting for you.
Call Doug Goyen / Dallas DWI Lawyer to discuss your case
to get the representation you need.
Frequent DWI Questions:
1. Meaning of DWI
DWI is a crime in Texas where if you drive your vehicle in a
public place while “intoxicated” you are breaking the law. It is
not drunk, smashed, or any other definition. It is
“intoxicated”.
2. Definition of intoxication & “normal”
There are 3 ways in Texas to prove intoxication. If a person
has lost the normal use of their mental faculties due to the
introduction of alcohol, drug, controlled substance or a
combination of; if a person has lost the normal use of their
physical faculties due to the introduction of alcohol, drug,
controlled substance or a combination of; or if a person
drives with an concentration of .08 alcohol in their body
(detected by breath, blood, or urine testing).
Normal use of mental or physical faculties in DWI means what
is normal for that particular person. It is not talking about the
“average person” or anyone else. The standard of normal
must refer to the defendant’s normal physical or mental
faculties. Normal for a person varies from day to day as well,
depending on rest, anxiety level, hormones, what they have
eaten, etc. So normal for an individual falls into a range of
behavior depending on the day and circumstances. Not
normal falls outside that range.
3. What is meant by .08 alcohol in body
For DWI the statute in Texas defines the concentration of
alcohol by the number of grams of alcohol per milliliters &
liters of either blood, breath, or urine in your system. The
exact number is defined by statute. Each test – breath,
blood, urine – has their own definition of alcohol
concentration. The interesting thing about these tests is that
each test can vary from each other. If you test .08 on a
breath test, you will likely test a different result on a blood or
even different from that on a urine test.
If you have a .08 a particular test, you may still have your
normal use of mental or physical faculties, which makes you
innocent under 2 of the 3 standards the prosecutor will try to
use to prosecute your DWI case.
One of the problems in DWI prosecutions is that the police
usually take 30 minutes to an hour to transport an arrested
person from the scene of where they were driving, to a
facility where they do the breath testing. During this time, a
person’s alcohol level may go up or down depending on
several factors. If they had just consumed the alcohol just
prior to being arrested, the alcohol in their stomach may not
have gotten into their system yet, depending on the amount
of food they had eaten earlier. So it is possible that a person
was driving below the .08 mark, but because of the delay in
time for being tested, that the alcohol concentration crept up
to the .08 mark at the time of testing.
The law in a DWI is that the person must be intoxicated at the
time of driving the vehicle, not at the time of testing. This is a
distinction that a good Dallas DWI lawyer or any DWI lawyer
must make in every case.
4. You can still lose your license even if you pass the
breath, blood, urine test
If the police give you a breath test, you pass it, but they still
prosecute you (assume they think you not only have some
alcohol in your system, but the police think that you also took
some sort of drug that has multiplied the effect of that alcohol
on your system – so they believe you do not have your
normal mental or physical faculties due to this combination –
at least that is what they accuse you of). If the prosecution
obtains a guilty verdict or plea, then your license is subject to
suspension for being found guilty in a DWI.
5. Accuracy of police sobriety testing
Breath, blood and urine testing are the ways the police do
chemical testing for alcohol concentration in a person. The
most common and easiest for the police is the breath test. It
is unclear which of these 3 testing procedures is most
accurate though. This uncertainty allows prosecutors and
police to “claim” that whatever testing procedure they use on
you is the most accurate one – even though this is debated
by scientists involved in this area. Most forensic science
personnel will admit that they believe blood testing is the
most accurate form of testing. Unfortunately, police
frequently do not offer blood tests because they take more
effort for them to obtain a result in this way. Urine testing is
the least reliable of the 3 types of testing, many variables
can throw a urine test off. The advantage of blood testing is
that the blood can be retested. Unfortunately, police in
Dallas do not save your breath samples, so you cannot
retest the sample of breath they take (it is interesting though
that the makers of the breath test machines have
attachments available for the capture of the breath test
sample – but Dallas police opt not to purchase this option on
the machine).
6. Breath Testing Machine
Intoxilyzer 5000 is the name of the machine used by police
for breath testing in Texas. It uses infrared light and the
absorption of that light in the breath sample. This is used to
determine your blood alcohol concentration.
Those who support the Intoxilyzer 5000 state that it gives
reliable evidence of the amount of deep lung air alcohol from
the breath. People who oppose the Intoxilyzer 5000 insist
that the machine reads common substances in people’s
breath erroneously as alcohol.
The law is that the state must prove .08 concentration of the
breath in order to prove intoxication, but it does not say what
machine is required to do so. In fact, the manufacturer of the
Intoxilyzer 5000 refuses to grant a warranty on its machine
for any purpose. This is admitting that they cannot warrant
that the results are reliable. There is a capability to
preserve the breath specimen that would cost about $2 per
test. This would allow retesting of the results, but Texas
police departments and the DPS have chosen to not use this
capability.
Another problem with the Intoxilyzer is that it assumes that
everyone is the same. That every person is average. We all
know we are not average. A person’s size, weight, age,
conditioning, how often they consume alcohol, temperature,
whether they are sick, among other reasons, all can cause
differing results. The test assumes a 2100/1 ratio of blood to
breath which is about average. If you are above the
average, you are not affected. But if your blood to breath
ratio is lower than average, then the machine tests you
higher. A person can possibly have a blood to breath ratio
in the 1100/1 to 1200/1 range which would dramatically
increase the result of a blood alcohol breath test.
Finally, just like all machines we use, like computers,
watches, smart phones, cars, and every other machine in our
life, they are subject to errors. If the operators do not
properly maintain the equipment or properly perform the
tests, they are subject to even more errors.
Police often carry portable breath machines to test drivers.
The results of these machines are not admissible in court as
the results have never been proven to be any way reliable
on a particular portable machine or test.
7. DWI Penalties:
Most people end up on some sort of probation when
convicted of DWI. Probation includes reporting monthly to a
probation officer. You must pay a monthly fee to the
probation department. You must pay the fine and court
costs for the DWI in the $1500 range. You must stay out of
legal troubles during your probation. You must perform
between 24 to 80 hours of community service. You must
attend DWI awareness classes, attend classes where victims
of DWI relate how DWIs have affected them. You must not
drink alcohol during your probation. You must take breath
tests on request. You must install an ignition device that
detects whether you have had any alcohol – in order to start
the car you have to blow into it and it measures any alcohol
you may have. You must donate money to Crime Stoppers
and other programs. You must complete any other
requirements the court places upon you to finish probation.
The range of punishment for DWI’s are:
1) First offense (class B misdemeanor): 3 to 180
days in jail, license suspension of 90-365 days, a fine of no
more than $2000.
2) Second offense (class A misdemeanor): 30
days to one year in jail, license suspension of 180 days to 2
years, and a fine of no more than $4000.00.
3) Third offense (3rd Degree Felony): 2 to 10
years in prison, license suspension of 180 days to 2 years,
and a fine of no more than $10,000.00.
4) DWI open container 1st offense (class B
misdemeanor): 6 additional days in jail, even if on probation
– additional to 1st offense range above.
5) DWI involving accident with serious bodily injury
(3rd Degree Felony): This is intoxication assault. 2 to 10
years in prison, and a fine of no more than $10,000.00.
6) DWI causing death (2nd Degree Felony): This is
intoxication manslaughter. 2 to 20 years in prison, and a fine
up to $10,000.00.
7) DWI with minor child passenger (State Jail
Felony): If child is under 15 years of age. 180 days to 2
years in state jail, and a fine up to $10,000.00.
7. “Deadly weapon” findings in DWI
In Texas, if a “deadly weapon” was used in commission of the
crime, and the court / jury finds that the defendant used a
“deadly weapon” then the defendant cannot accumulate
“good time” towards a release until at least one half of the
sentence is completed.
In a DWI, if someone was killed, the prosecutor may attempt
to have the use of the vehicle be the “deadly weapon” if they
believe the manner of driving was such that a “deadly
weapon” charge or finding might be proper.
8. Bond issues with DWI – Ignition Interlock Devices
Bonds for the first offense of DWI are a matter of discretion
for the particular court unless you are .15 or over on your
breath, blood, or urine test. If you are .15 or over, you are
required to install an interlock device on your car in order to
start your vehicle. 2nd DWI charges or Intoxication Assault
or Intoxication Manslaughter also require an ignition interlock
device be installed on your vehicle as a condition of bond. If
you drive a vehicle without an ignition interlock device, you
violate your terms of bond and may forfeit your bond and
have a warrant issued for your arrest. The ignition interlock
will prevent the car from starting unless you blow into the
device and it determines whether you have alcohol on your
breath. If there is over a certain amount of alcohol, the
vehicle cannot be started.
What if you don’t own a car? Many client’s advise that they
do not own a vehicle to place the ignition interlock device
on. If that is the case, advise your Dallas DWI lawyer, but
you may wish to consider placing it on a vehicle you have for
your own use - whether you own it or not. Your judge may
decide to make you wear a SCRAM device if you insist you
have no car to drive. This is an ankle bracelet that detects
whether you have consumed any alcohol at all. The judge
will typically make it a violation of bond if you consume
alcohol at all in these situations. SCRAM devices are more
intrusive, and more expensive than ignition interlock
devices. Not all judges will make you wear a SCRAM, some
will just tell you to not drive a car unless it is equipped with an
ignition interlock device. But if you have your license, and
you are planning on driving, the ignition interlock is typically
cheaper and less intrusive than the SCRAM.
9. What happens if you refuse to take a blood, breath,
urine test
Texas automatically suspends your license if you refuse to
take the test. This is considered a “civil” punishment, not
part of the criminal punishment as Texas deems having a
license to drive in this state a privilege, not a right. So they
are not depriving you of any rights without a trial first – at
least according to the laws of Texas – they are just taking
away a privilege that Texas has given you.
If you refuse the test - You are allowed to refuse the test.
The penalties for refusal are::
a) 180 day suspension on 1st DWI’s;
b) Two year suspension for additional DWI arrests (after
a 1st DWI conviction) within 10 years of the prior one if you
refused in the first one as well;
c) Your refusal is allowed into evidence at trial –
prosecutors always argue that you knew you were too
intoxicated to pass the test, and that is why you refused.
If you take and fail the test – You take the test and
fail. This evidence is allowed into evidence at trial. Your
license is suspended:
a) 90 day suspension if no prior DWI; or,
b) one year suspension if any other convictions or
suspensions within 10 years prior.
10. You don’t have to do the field sobriety tests (walk
and turn, one legged stand, horizontal gaze nystagmus
tests).
Officers will often ask you to look at their pen as they wave it
back and forth and up and down. This is a “nystagmus” test
to see if there is jerkiness in your eyes. They often will ask
you to walk a straight line (walk and turn test) and will also
ask you to stand on one leg while counting. There is much
debate on whether these tests are reliable in determining a
person’s intoxication. Many people refuse these tests
because they are not the most coordinated people, or have
a condition other than intoxication that makes them unable to
perform these tests. Some people are just nervous and
anxious and feel like they will not be fairly judged in this
testing, so that is why they refuse.
11. Instances where blood or breath testing may be
forced
If you are involved in an accident and are arrested for DWI,
and someone has died or the police officer thinks someone
will die or has suffered serious bodily injury, and you refuse
to give a specimen upon request, the officer is then required
to forcefully take the specimen.
12. Open containers of alcohol in vehicle
Driving with an open container of alcohol in your vehicle is a
class C misdemeanor. If arrested for DWI your penalties are
increased. Passengers may not have open alcohol
containers either (exceptions are buses, taxis, motor homes
in back.
13. Asking the police for your attorney
You can always ask the police to have your attorney
present. If this is in Dallas County, then you will want to ask
for a Dallas DWI lawyer. There is no law requiring them to
allow your attorney to be present during their DWI stop
though. Your request places certain burdens on the police
officer that make them take more care in how they treat your
case and question you.
14. When you do have a right to a lawyer’s assistance
At a criminal trial you have a right to assistance of an
attorney. Prior to trial – during questioning, most times you
do have a right to an attorney present. An exception is when
an officer is asking for a breath test in a DWI case. If you are
under arrest, you are typically able to be informed of your
right to remain silent, your right to an attorney or have on
appointed if you can’t afford one, and to terminate the
interrogation / questioning. Often, if the police violate these
rules, the evidence they obtained in violation of the rules can
be excluded from presentation to the court or jury.
An attorney can help you with bond. An attorney can help
prevent further police intrusions on your rights. If you get an
attorney quickly, you have a right to be retested by an
independent doctor if done within 2 hours of the arrest. Your
lawyer can help you decide on what questions to answer or
tests to perform in your DWI situation.
15. If you refuse the breath test or fail it – your license:
If you refuse a test, or fail a test, the officer will take your
license. The officer will issue a 40 day temporary driving
certificate. You can request an ALR (Administrative License
Revocation) hearing if done within 15 days of the arrest
date. If the hearing date is further than 40 days out
(meaning past your 40 day temporary driving certificate),
your lawyer can request an extension from the DPS until your
hearing. You may appeal if you lose – if appealed within 30
days of losing at your hearing. If you lose the hearing, the
suspension will start on the 40th day after the loss (unless
you appeal). Your extension will last another 90 days if you
do appeal. The 91st day your suspension will start (even if
you haven’t been reached yet on your appeal). If you win
during any stage of the ALR, then your suspension is lifted.
16. Things you can accomplish with an ALR hearing:
You can prevent your license from being suspended. You
can also test the police officer’s reason for stopping you in
the first place and find out if he had reasonable suspicion to
stop you and detain you. You can find out if he had
probable cause for the arrest. This information can help in
the defense of your DWI case.
The prosecutor in the ALR hearing must prove either 1) that
you refused to take the test, or 2) that you failed the test.
Refused Test: If they are prosecuting based on a
refusal, the prosecutor must prove:
a) There was reasonable suspicion to make
the stop and suspect a criminal activity was happening;
b) There was probable cause that you were
operating a vehicle while intoxicated – in a public place;
c) That you were under arrest and the officer
made a proper request for chemical testing;
d) That you actually did refuse the test.
Failed Test: If they are prosecuting based on a failed
test, the prosecutor must prove:
a) That your test result of .08 or higer was
while driving in a public place, and was .08 at testing;
b) That there was reasonable suspicion to
make the stop and detain you for questioning, and that there
was probable cause to arrest you.
Usually the officers just submit an affidavit to prove their case
at ALR hearings. Sometimes they will actually show up to
testify on subpoena.
17. Penalties for driving while your license is
suspended
If you drive while your license is suspended, you can be
arrested for DWLS (Driving While License Suspended). This
is a class B misdemeanor with up to 6 months in jail and up
to a $500 fine. The penalties increase if you obtain more
than one DWLS.
Occupational License: You can apply for an
Occupational Driver’s License during the time your license is
suspended. Most judges will allow you to drive up to 12
hours a day to and from work, household duties, and taking
your children / family to places you need to care for them.
Many people qualify for an Occupational License. There are
some disqualifications for Occupational Licenses. Your
attorney can help you obtain one and / or determine if you
qualify.
18. Surcharges and insurance rates
Texas charges a surcharge to keep your license after a DWI
conviction or if they have a test result of .16 or more. The
amount is $1000.00 per year for 3 years on a first
conviction. It is $1500 for 3 years per year for any
subsequent DWI convictions. It is $2000 per year for 3 years
for any .16 or higher test results.
19. Minors and Alcohol – DUI’s (rather than DWI’s)
If you or your child is arrested for DUI in Dallas County, you
need to consult DUI lawyers Dallas area to ensure a proper
representation.
If a minor (age 18-20) has any alcohol in their system while
driving they can be charged with DUI (driving under the
influence). If the minor has any detectible amount, then he
can be charged with DUI.
Juveniles are people under the age of 18, and their
prosecutions are handled under the juvenile system of
justice.
If a minor refuses the breath test the penalties are a)
suspension of drivers license for 120 days on first arrest (if
no license then you will not be issued one if you apply for
120 days); b) 240 days of suspension if any prior alcohol or
drug related offenses in past 5 years.
If the minor is convicted, the suspension of the license if for 1
year. If there is proof of an addiction to alcohol, Texas can
make the minor unable to get a driver’s license.
The penalties for DUI are:
a) first offense is a class C misdemeanor – 20-40 hours
of community service regarding alcohol education or alcohol
misuse; must attend an alcohol awareness program within 90
days; the parent may be required to attend as well if under
18; if time deadline missed – the court may give an additional
6 month suspension of the license; deferred adjudication is
available; the record may be expunged upon the 21st
birthday if only one conviction;
b) second offense increases community service to 40-60
hours, and the record may not be expunged – but deferred is
still an option if offered.
c) third offense is class B misdemeanor – 40 – 60 hours
of community service ; no deferred option; parent is required
to attend alcohol awareness programs if under 18; if the
minor is 18 or older the fine is $500 to $2000; jail time of up
to 180 days; and license suspension times.
DUI lawyers Dallas DWI attorneys can help with these
issues.
20) If I have out of state license (suspension issue)
Texas does not have jurisdiction to cancel your out of state
license, but they can and often do notify your home state of
the conviction, and your home state will suspend the license.
Texas will prevent you from obtaining a Texas license during
the time your suspension should be carried out in Texas.
21. You should have a lawyer at your ALR hearing:
A Dallas DWI lawyer is the best type of lawyer to have
available at your ALR hearing if in the Dallas County area.
You should choose your attorney with care for your DWI,
ALR, and Occupational License needs. You can call our
office for a free consultation by phone to help you decide
how to handle your case.
aspects of DWI cases in Dallas County (including
Dallas, Garland, Richardson, Grand Prairie, etc.).
In the United States, the criminal justice system is
"adversarial" in nature. What this means is that you have the
prosecution on one side, the defendant on the other, and the
judge is the referee (supposedly not on one side or the
other). The prosecution will try to "win" by obtaining a
conviction with as much punishment as possible. In order to
protect yourself, you need an attorney to make sure you are
treated fairly.
In a criminal case your liberty is at stake. You also can be hit
with multiple fines, expenses, surcharges, and costs that can
exacerbate your situation. You need an attorney to ensure
you have someone fighting for you.
Call Doug Goyen / Dallas DWI Lawyer to discuss your case
to get the representation you need.
Frequent DWI Questions:
1. Meaning of DWI
DWI is a crime in Texas where if you drive your vehicle in a
public place while “intoxicated” you are breaking the law. It is
not drunk, smashed, or any other definition. It is
“intoxicated”.
2. Definition of intoxication & “normal”
There are 3 ways in Texas to prove intoxication. If a person
has lost the normal use of their mental faculties due to the
introduction of alcohol, drug, controlled substance or a
combination of; if a person has lost the normal use of their
physical faculties due to the introduction of alcohol, drug,
controlled substance or a combination of; or if a person
drives with an concentration of .08 alcohol in their body
(detected by breath, blood, or urine testing).
Normal use of mental or physical faculties in DWI means what
is normal for that particular person. It is not talking about the
“average person” or anyone else. The standard of normal
must refer to the defendant’s normal physical or mental
faculties. Normal for a person varies from day to day as well,
depending on rest, anxiety level, hormones, what they have
eaten, etc. So normal for an individual falls into a range of
behavior depending on the day and circumstances. Not
normal falls outside that range.
3. What is meant by .08 alcohol in body
For DWI the statute in Texas defines the concentration of
alcohol by the number of grams of alcohol per milliliters &
liters of either blood, breath, or urine in your system. The
exact number is defined by statute. Each test – breath,
blood, urine – has their own definition of alcohol
concentration. The interesting thing about these tests is that
each test can vary from each other. If you test .08 on a
breath test, you will likely test a different result on a blood or
even different from that on a urine test.
If you have a .08 a particular test, you may still have your
normal use of mental or physical faculties, which makes you
innocent under 2 of the 3 standards the prosecutor will try to
use to prosecute your DWI case.
One of the problems in DWI prosecutions is that the police
usually take 30 minutes to an hour to transport an arrested
person from the scene of where they were driving, to a
facility where they do the breath testing. During this time, a
person’s alcohol level may go up or down depending on
several factors. If they had just consumed the alcohol just
prior to being arrested, the alcohol in their stomach may not
have gotten into their system yet, depending on the amount
of food they had eaten earlier. So it is possible that a person
was driving below the .08 mark, but because of the delay in
time for being tested, that the alcohol concentration crept up
to the .08 mark at the time of testing.
The law in a DWI is that the person must be intoxicated at the
time of driving the vehicle, not at the time of testing. This is a
distinction that a good Dallas DWI lawyer or any DWI lawyer
must make in every case.
4. You can still lose your license even if you pass the
breath, blood, urine test
If the police give you a breath test, you pass it, but they still
prosecute you (assume they think you not only have some
alcohol in your system, but the police think that you also took
some sort of drug that has multiplied the effect of that alcohol
on your system – so they believe you do not have your
normal mental or physical faculties due to this combination –
at least that is what they accuse you of). If the prosecution
obtains a guilty verdict or plea, then your license is subject to
suspension for being found guilty in a DWI.
5. Accuracy of police sobriety testing
Breath, blood and urine testing are the ways the police do
chemical testing for alcohol concentration in a person. The
most common and easiest for the police is the breath test. It
is unclear which of these 3 testing procedures is most
accurate though. This uncertainty allows prosecutors and
police to “claim” that whatever testing procedure they use on
you is the most accurate one – even though this is debated
by scientists involved in this area. Most forensic science
personnel will admit that they believe blood testing is the
most accurate form of testing. Unfortunately, police
frequently do not offer blood tests because they take more
effort for them to obtain a result in this way. Urine testing is
the least reliable of the 3 types of testing, many variables
can throw a urine test off. The advantage of blood testing is
that the blood can be retested. Unfortunately, police in
Dallas do not save your breath samples, so you cannot
retest the sample of breath they take (it is interesting though
that the makers of the breath test machines have
attachments available for the capture of the breath test
sample – but Dallas police opt not to purchase this option on
the machine).
6. Breath Testing Machine
Intoxilyzer 5000 is the name of the machine used by police
for breath testing in Texas. It uses infrared light and the
absorption of that light in the breath sample. This is used to
determine your blood alcohol concentration.
Those who support the Intoxilyzer 5000 state that it gives
reliable evidence of the amount of deep lung air alcohol from
the breath. People who oppose the Intoxilyzer 5000 insist
that the machine reads common substances in people’s
breath erroneously as alcohol.
The law is that the state must prove .08 concentration of the
breath in order to prove intoxication, but it does not say what
machine is required to do so. In fact, the manufacturer of the
Intoxilyzer 5000 refuses to grant a warranty on its machine
for any purpose. This is admitting that they cannot warrant
that the results are reliable. There is a capability to
preserve the breath specimen that would cost about $2 per
test. This would allow retesting of the results, but Texas
police departments and the DPS have chosen to not use this
capability.
Another problem with the Intoxilyzer is that it assumes that
everyone is the same. That every person is average. We all
know we are not average. A person’s size, weight, age,
conditioning, how often they consume alcohol, temperature,
whether they are sick, among other reasons, all can cause
differing results. The test assumes a 2100/1 ratio of blood to
breath which is about average. If you are above the
average, you are not affected. But if your blood to breath
ratio is lower than average, then the machine tests you
higher. A person can possibly have a blood to breath ratio
in the 1100/1 to 1200/1 range which would dramatically
increase the result of a blood alcohol breath test.
Finally, just like all machines we use, like computers,
watches, smart phones, cars, and every other machine in our
life, they are subject to errors. If the operators do not
properly maintain the equipment or properly perform the
tests, they are subject to even more errors.
Police often carry portable breath machines to test drivers.
The results of these machines are not admissible in court as
the results have never been proven to be any way reliable
on a particular portable machine or test.
7. DWI Penalties:
Most people end up on some sort of probation when
convicted of DWI. Probation includes reporting monthly to a
probation officer. You must pay a monthly fee to the
probation department. You must pay the fine and court
costs for the DWI in the $1500 range. You must stay out of
legal troubles during your probation. You must perform
between 24 to 80 hours of community service. You must
attend DWI awareness classes, attend classes where victims
of DWI relate how DWIs have affected them. You must not
drink alcohol during your probation. You must take breath
tests on request. You must install an ignition device that
detects whether you have had any alcohol – in order to start
the car you have to blow into it and it measures any alcohol
you may have. You must donate money to Crime Stoppers
and other programs. You must complete any other
requirements the court places upon you to finish probation.
The range of punishment for DWI’s are:
1) First offense (class B misdemeanor): 3 to 180
days in jail, license suspension of 90-365 days, a fine of no
more than $2000.
2) Second offense (class A misdemeanor): 30
days to one year in jail, license suspension of 180 days to 2
years, and a fine of no more than $4000.00.
3) Third offense (3rd Degree Felony): 2 to 10
years in prison, license suspension of 180 days to 2 years,
and a fine of no more than $10,000.00.
4) DWI open container 1st offense (class B
misdemeanor): 6 additional days in jail, even if on probation
– additional to 1st offense range above.
5) DWI involving accident with serious bodily injury
(3rd Degree Felony): This is intoxication assault. 2 to 10
years in prison, and a fine of no more than $10,000.00.
6) DWI causing death (2nd Degree Felony): This is
intoxication manslaughter. 2 to 20 years in prison, and a fine
up to $10,000.00.
7) DWI with minor child passenger (State Jail
Felony): If child is under 15 years of age. 180 days to 2
years in state jail, and a fine up to $10,000.00.
7. “Deadly weapon” findings in DWI
In Texas, if a “deadly weapon” was used in commission of the
crime, and the court / jury finds that the defendant used a
“deadly weapon” then the defendant cannot accumulate
“good time” towards a release until at least one half of the
sentence is completed.
In a DWI, if someone was killed, the prosecutor may attempt
to have the use of the vehicle be the “deadly weapon” if they
believe the manner of driving was such that a “deadly
weapon” charge or finding might be proper.
8. Bond issues with DWI – Ignition Interlock Devices
Bonds for the first offense of DWI are a matter of discretion
for the particular court unless you are .15 or over on your
breath, blood, or urine test. If you are .15 or over, you are
required to install an interlock device on your car in order to
start your vehicle. 2nd DWI charges or Intoxication Assault
or Intoxication Manslaughter also require an ignition interlock
device be installed on your vehicle as a condition of bond. If
you drive a vehicle without an ignition interlock device, you
violate your terms of bond and may forfeit your bond and
have a warrant issued for your arrest. The ignition interlock
will prevent the car from starting unless you blow into the
device and it determines whether you have alcohol on your
breath. If there is over a certain amount of alcohol, the
vehicle cannot be started.
What if you don’t own a car? Many client’s advise that they
do not own a vehicle to place the ignition interlock device
on. If that is the case, advise your Dallas DWI lawyer, but
you may wish to consider placing it on a vehicle you have for
your own use - whether you own it or not. Your judge may
decide to make you wear a SCRAM device if you insist you
have no car to drive. This is an ankle bracelet that detects
whether you have consumed any alcohol at all. The judge
will typically make it a violation of bond if you consume
alcohol at all in these situations. SCRAM devices are more
intrusive, and more expensive than ignition interlock
devices. Not all judges will make you wear a SCRAM, some
will just tell you to not drive a car unless it is equipped with an
ignition interlock device. But if you have your license, and
you are planning on driving, the ignition interlock is typically
cheaper and less intrusive than the SCRAM.
9. What happens if you refuse to take a blood, breath,
urine test
Texas automatically suspends your license if you refuse to
take the test. This is considered a “civil” punishment, not
part of the criminal punishment as Texas deems having a
license to drive in this state a privilege, not a right. So they
are not depriving you of any rights without a trial first – at
least according to the laws of Texas – they are just taking
away a privilege that Texas has given you.
If you refuse the test - You are allowed to refuse the test.
The penalties for refusal are::
a) 180 day suspension on 1st DWI’s;
b) Two year suspension for additional DWI arrests (after
a 1st DWI conviction) within 10 years of the prior one if you
refused in the first one as well;
c) Your refusal is allowed into evidence at trial –
prosecutors always argue that you knew you were too
intoxicated to pass the test, and that is why you refused.
If you take and fail the test – You take the test and
fail. This evidence is allowed into evidence at trial. Your
license is suspended:
a) 90 day suspension if no prior DWI; or,
b) one year suspension if any other convictions or
suspensions within 10 years prior.
10. You don’t have to do the field sobriety tests (walk
and turn, one legged stand, horizontal gaze nystagmus
tests).
Officers will often ask you to look at their pen as they wave it
back and forth and up and down. This is a “nystagmus” test
to see if there is jerkiness in your eyes. They often will ask
you to walk a straight line (walk and turn test) and will also
ask you to stand on one leg while counting. There is much
debate on whether these tests are reliable in determining a
person’s intoxication. Many people refuse these tests
because they are not the most coordinated people, or have
a condition other than intoxication that makes them unable to
perform these tests. Some people are just nervous and
anxious and feel like they will not be fairly judged in this
testing, so that is why they refuse.
11. Instances where blood or breath testing may be
forced
If you are involved in an accident and are arrested for DWI,
and someone has died or the police officer thinks someone
will die or has suffered serious bodily injury, and you refuse
to give a specimen upon request, the officer is then required
to forcefully take the specimen.
12. Open containers of alcohol in vehicle
Driving with an open container of alcohol in your vehicle is a
class C misdemeanor. If arrested for DWI your penalties are
increased. Passengers may not have open alcohol
containers either (exceptions are buses, taxis, motor homes
in back.
13. Asking the police for your attorney
You can always ask the police to have your attorney
present. If this is in Dallas County, then you will want to ask
for a Dallas DWI lawyer. There is no law requiring them to
allow your attorney to be present during their DWI stop
though. Your request places certain burdens on the police
officer that make them take more care in how they treat your
case and question you.
14. When you do have a right to a lawyer’s assistance
At a criminal trial you have a right to assistance of an
attorney. Prior to trial – during questioning, most times you
do have a right to an attorney present. An exception is when
an officer is asking for a breath test in a DWI case. If you are
under arrest, you are typically able to be informed of your
right to remain silent, your right to an attorney or have on
appointed if you can’t afford one, and to terminate the
interrogation / questioning. Often, if the police violate these
rules, the evidence they obtained in violation of the rules can
be excluded from presentation to the court or jury.
An attorney can help you with bond. An attorney can help
prevent further police intrusions on your rights. If you get an
attorney quickly, you have a right to be retested by an
independent doctor if done within 2 hours of the arrest. Your
lawyer can help you decide on what questions to answer or
tests to perform in your DWI situation.
15. If you refuse the breath test or fail it – your license:
If you refuse a test, or fail a test, the officer will take your
license. The officer will issue a 40 day temporary driving
certificate. You can request an ALR (Administrative License
Revocation) hearing if done within 15 days of the arrest
date. If the hearing date is further than 40 days out
(meaning past your 40 day temporary driving certificate),
your lawyer can request an extension from the DPS until your
hearing. You may appeal if you lose – if appealed within 30
days of losing at your hearing. If you lose the hearing, the
suspension will start on the 40th day after the loss (unless
you appeal). Your extension will last another 90 days if you
do appeal. The 91st day your suspension will start (even if
you haven’t been reached yet on your appeal). If you win
during any stage of the ALR, then your suspension is lifted.
16. Things you can accomplish with an ALR hearing:
You can prevent your license from being suspended. You
can also test the police officer’s reason for stopping you in
the first place and find out if he had reasonable suspicion to
stop you and detain you. You can find out if he had
probable cause for the arrest. This information can help in
the defense of your DWI case.
The prosecutor in the ALR hearing must prove either 1) that
you refused to take the test, or 2) that you failed the test.
Refused Test: If they are prosecuting based on a
refusal, the prosecutor must prove:
a) There was reasonable suspicion to make
the stop and suspect a criminal activity was happening;
b) There was probable cause that you were
operating a vehicle while intoxicated – in a public place;
c) That you were under arrest and the officer
made a proper request for chemical testing;
d) That you actually did refuse the test.
Failed Test: If they are prosecuting based on a failed
test, the prosecutor must prove:
a) That your test result of .08 or higer was
while driving in a public place, and was .08 at testing;
b) That there was reasonable suspicion to
make the stop and detain you for questioning, and that there
was probable cause to arrest you.
Usually the officers just submit an affidavit to prove their case
at ALR hearings. Sometimes they will actually show up to
testify on subpoena.
17. Penalties for driving while your license is
suspended
If you drive while your license is suspended, you can be
arrested for DWLS (Driving While License Suspended). This
is a class B misdemeanor with up to 6 months in jail and up
to a $500 fine. The penalties increase if you obtain more
than one DWLS.
Occupational License: You can apply for an
Occupational Driver’s License during the time your license is
suspended. Most judges will allow you to drive up to 12
hours a day to and from work, household duties, and taking
your children / family to places you need to care for them.
Many people qualify for an Occupational License. There are
some disqualifications for Occupational Licenses. Your
attorney can help you obtain one and / or determine if you
qualify.
18. Surcharges and insurance rates
Texas charges a surcharge to keep your license after a DWI
conviction or if they have a test result of .16 or more. The
amount is $1000.00 per year for 3 years on a first
conviction. It is $1500 for 3 years per year for any
subsequent DWI convictions. It is $2000 per year for 3 years
for any .16 or higher test results.
19. Minors and Alcohol – DUI’s (rather than DWI’s)
If you or your child is arrested for DUI in Dallas County, you
need to consult DUI lawyers Dallas area to ensure a proper
representation.
If a minor (age 18-20) has any alcohol in their system while
driving they can be charged with DUI (driving under the
influence). If the minor has any detectible amount, then he
can be charged with DUI.
Juveniles are people under the age of 18, and their
prosecutions are handled under the juvenile system of
justice.
If a minor refuses the breath test the penalties are a)
suspension of drivers license for 120 days on first arrest (if
no license then you will not be issued one if you apply for
120 days); b) 240 days of suspension if any prior alcohol or
drug related offenses in past 5 years.
If the minor is convicted, the suspension of the license if for 1
year. If there is proof of an addiction to alcohol, Texas can
make the minor unable to get a driver’s license.
The penalties for DUI are:
a) first offense is a class C misdemeanor – 20-40 hours
of community service regarding alcohol education or alcohol
misuse; must attend an alcohol awareness program within 90
days; the parent may be required to attend as well if under
18; if time deadline missed – the court may give an additional
6 month suspension of the license; deferred adjudication is
available; the record may be expunged upon the 21st
birthday if only one conviction;
b) second offense increases community service to 40-60
hours, and the record may not be expunged – but deferred is
still an option if offered.
c) third offense is class B misdemeanor – 40 – 60 hours
of community service ; no deferred option; parent is required
to attend alcohol awareness programs if under 18; if the
minor is 18 or older the fine is $500 to $2000; jail time of up
to 180 days; and license suspension times.
DUI lawyers Dallas DWI attorneys can help with these
issues.
20) If I have out of state license (suspension issue)
Texas does not have jurisdiction to cancel your out of state
license, but they can and often do notify your home state of
the conviction, and your home state will suspend the license.
Texas will prevent you from obtaining a Texas license during
the time your suspension should be carried out in Texas.
21. You should have a lawyer at your ALR hearing:
A Dallas DWI lawyer is the best type of lawyer to have
available at your ALR hearing if in the Dallas County area.
You should choose your attorney with care for your DWI,
ALR, and Occupational License needs. You can call our
office for a free consultation by phone to help you decide
how to handle your case.
