DWI/DUI Defense
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People who are typically law-abiding citizens sometimes find themselves under arrest for driving while intoxicated (DWI). This offense, also known as driving under the influence or DUI, can ensnare people who have never seen the inside of a courthouse. Since consuming alcoholic beverages and driving a vehicle is not by itself against the law, even innocent people can find themselves in this legal predicament. It also surprises many law abiding citizens that a person can be charged with DWI when they have consumed no alcohol at all. A person can be accused of this offense based on the claim that they were under the influence of medications, drugs or other substances, even if lawfully prescribed by a doctor. At Ball & Hase, we are experienced in successfully defending these cases and the issues in the science of toxicology. A DWI/DUI is not a traffic ticket. It is a more serious offense that carries a penalty of up to 180 days in jail and up to a $2,000 fine for a first offense. Repeat DWI offenders increase their exposure to fines and jail sentences, and in instances of 2 or more prior DWI convictions, a felony charge with prison time as a punishment.. If you are convicted of DWI/DUI, you will have a permanent criminal record. You will have to pay a Texas driver's license surcharge of $1,000 a year or more for at least three years. Your auto insurance rates will increase if your policy is not cancelled. . In certain professions such as professional drivers or pilots, a DWI conviction can destroy a career. Some people think that if they are a good person who has never been in trouble before, they will get a break on a DWI/DUI charge. The truth is what kind of person you are makes little difference to the prosecutor. The District Attorney in Tarrant County treats all DWI/DUI cases very seriously. Public interest groups such as MADD have put increasing pressure on prosecutors to be tough on DWI cases. What is DWI?Many people refer to a DWI as "drunk" driving, but the legal term is intoxication. Intoxication has three legal definitions in Texas. A person is intoxicated if they have:
The success rate in a DWI defense drops if you take a breath test and fail. In the absence of more information, we typically would advise against submitting to a breath test whose accuracy can be in doubt. If you have already failed a breath test, then it's important for your lawyer to find a way to challenge the results of the test and the accuracy of the police machine known as an Intoxilyzer. Blood Testing:It is now common for police agencies to either request a blood test, or obtain a search warrant for such testing from a Judge. Like a failed breath test, the mere fact of failing a blood test does not always mean certainty of a conviction. Attorneys knowledgeable in this area will be familiar with not only the requirements for a legal blood search warrant, but also the technical requirements for valid blood testing including the validity of the collection method and the analysis. For example, blood must be place in a certain type of tube which contains chemical agents suitable for the purpose. These commercially produced tubes have expiration dates that are frequently not noted by police or hospital personnel. Close examination of these and other issues can result in successful challenges to blood test evidence and possibly suppression of the results. Board Certified Criminal Law Specialists at Ball & Hase have many years of successfully presenting these issues to the prosecutor, Court and if necessary, the jury. Video Recordings:In most DWI cases, the prosecution will have evidence in the form of a video recording either from the police car at the scene, or at the police station, or both. We obtain such evidence and carefully review it with the client. What are referred to as Field Sobriety Tests are often depicted in this evidence. The National Highway Traffic Safety Administration has devised rules for the proper administration of these tests. It is not uncommon for even police officers to improperly conduct these FSTs. At Ball & Hase, we have the police training manuals and materials that were used to train the arresting officer. With these instruction materials, it can be determined whether the FSTs were properly done. And we must never forget that it has never been a requirement to obtain a license to drive that a person be able to pass these tests. Driver's License SuspensionIf you have been arrested for DWI, typically you will have had your driver's license taken and received a notice that it will be suspended. That notice tells you that you have 15 days from date of arrest to request a hearing on the suspension. If you fail to request this hearing, your driver's license will be automatically suspended for 90 days if you failed a breathalyzer test and for 180 days if you refused to take a test. We strongly encourage clients to have us arrange a suspension hearing. This hearing provides an opportunity for your lawyer to cross-examine the arresting officer. This may give your lawyer evidence which can be used to defend you in your criminal DWI trial. Your lawyer's most important goal is to help you avoid a DWI conviction. Even if your driver's license is suspended, your lawyer can keep you driving legally with an occupational license in most cases. Free consultation: If you have been charged with DWI/DUI in Texas, contact a board-certified criminal defense attorney at Ball & Hase in Arlington. If you contact us soon enough, we can represent you in your criminal DWI case and in your driver's license suspension hearing. In an emergency, call 817.860.5000. We answer calls 24 hours a day. Please view our Recent Cases by Ball & Hase for information on our firms experience in this area. |
