Faq

What Happens To Someone If They Refuse A Blood Or A 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 refuse the test. We can successfully fight that ...

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What Happens To The Driver’s License in a DWI case?

Once you are placed in the back of a police car, and placed under arrest for a DWI, they will ask you to submit to a breath or blood test. The officer gets to choose either one or both. If you refuse to submit to either one, then your license will be confiscated. You will ...

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What Sets You And Your Firm Apart In Handling 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 DWI cases is well known. That translates ...

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What Happens If Someone Belches, Burps Or Regurgitates?

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 is a dubious conclusion, especially if someone ...

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Does Texas Have Any Diversion Programs For First Time DWI Offenders?

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. So if the person completes the probation period, ...

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How Successful Are You In Defending Against Breath Test Results?

We are successful in fighting DWI cases, even with breath tests, because we can show the jury how the breath test is not reliable in general, then how it’s not reliable in our client’s case specifically, and how the machine is likely contaminated. It doesn’t take but a tiny amount to contaminate or raise the ...

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What Are The Potential Penalties For A DWI Conviction In Texas?

For a first time DWI charge, this is a Class B misdemeanor that carries up to three to one-hundred and eighty days in jail as a possible punishment and up to a $2,000 fine. Typically in a first time DWI case, if the person is found guilty, but does not want to serve a jail ...

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Why Is It Critical To Hire An Experienced Attorney To Handle A Drug DWI Case?

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 able to defend a DWI drug case. An ...

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What Are The Collateral Consequences Associated With A Drug DWI Conviction?

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, counseling, and drug treatment. But otherwise, the consequences are ...

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To What Extent Do You Employ Science In Defending Drug 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, and it is important to be able ...

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