Faq

Consequences Of Refusing A Blood Or Breath Test If they refused the breath or blood test, then that refusal can be used as evidence at trial. The prosecutor likes to say, “That person refused the breath or blood test because they know they are guilty”, well that is not true. You have a right to ...

License Suspension & Reinstatement After A DWI What’s the punishment for the first DWI offense in TX? The punishment for driving while intoxicated in Texas depends on your age, your blood alcohol level, the literal impact of the accident if you were in one, and the number of times you’ve been arrested for DWI. In ...

Our Unique Approach To Defending DWI Cases The thing that sets my firm apart is our experience in handling DWI cases, and our knowledge of the law and science involved in these cases. Our success in handling DWI cases and our reputation with law enforcement, prosecutors and the judges and our ability to successfully handle ...

How Burping Or Regurgitating Affects Breath Tests If someone belches, burps, or regurgitates after a DWI stop, the officer is supposed to start the 15-minute observation period over again. The theory is that during 15 minutes, whatever got introduced into the mouth would evaporate or would dissipate, so that it won’t affect the test. This ...

Alternative Programs For First-Time DWI Offenders In Texas The law does not allow a deferred adjudication for a DWI. So deferred adjudication is probation for other offenses where the judge does not find the person guilty, and the judge defers the judgment. That is called the deferred adjudication; the judge defers the judgment of guilt. ...

The Two Main Categories Are DWI & DUI. DWI means that you are over 21 and had a blood alcohol concentration of 0.08 or more. Your first DWI conviction can result in up to 180 days in prison with a minimum of 3 nights in jail. It can result in a fine of up to ...

DWI Penalties & Legal Consequences In Texas There are several categories of crimes in general: infraction, misdemeanor, and felony. Texas has added a category between general felonies and misdemeanors called state felonies, but they are still treated as regular felonies. DWI offenses fall into the same three categories. So what are the 3 types of ...

The Importance Of Expertise In Drug-Related DWI Defense Intoxication by drugs is different from intoxication by alcohol. The science is different in that the prosecutor is going to try to convict the client. Therefore, it is imperative that the attorney know all the science, and all the particular expert testimonies about drugs, and to be ...

Long-Term Impacts Of A Drug-Related DWI Conviction In Texas Collateral consequences just like DWI with alcohol is license suspension implications. For a first time DWI, a person can have their license suspended for up to a year. For a second DWI, up to two years, and then there can be consequences such as drug testing, ...

Scientific Approaches In Defending Drug-Related DWI Cases I will be relying on science a great deal. There is no science that shows what level of any controlled substance, or drugs causes’ intoxication. Again, there is a scientific consensus that different drugs have different effects on different people. Science is important in defending DWI drug cases, ...