arrested for DWI
As you most likely already know, the DWI and your ALR are two seperate issues.
Just because you won the ALR, does not mean that you will automatically win your DWI case.
Hopefully, the attorney that handled your ALR hearing was able to get some good information from the officer that may help you beat the DWI case.See question
I have already paid an attorney to handle the criminal part of a dwi arrest, but he doesn't handle alr hearings. I need someone to handle my alr hearing set for Sept 14 in dallas tx. I think it's highly unlikely that the two officers involved wil...
You need to hire a DWI lawyer who will personally handle all aspects of your case. A properly conducted ALR could be the difference between a conviction and being found not guilty or having the case reduced or dismissed. Would you hire a Dr. to perform surgery on you but would not be willing to sew you back up? The ALR is extremely important, and can make all the difference in the world. Find a lawyer who truly will fight for you!!
Douglas WilderSee question
I received a driving permit and was given a paper stating that I had 7 days to get the blowing device on my car. I don't understand why they suspended my license and are requiring the device before I ever go to court. I read that they only do th...
The driving permit you were given should be a temporary permit that is valid for 40 days. You also have 15 days from the date of your arrest to request a hearing on the potential suspension of your driving privelege. If requested within 15 days of your arrest, the driving permit will remain valid until the driver license hearing (ALR) is held. That verbiage is contained in the rectangle box in the middle of the permit and is the last sentence.
Some Judges at the local jails order everyone arrested in their city to have an interlock put on their car, regardless of a blood test with results pending, a breath score above a 0.08, or a refusal to give breath or blood. The law does not mandate that but it is withing the discretion of the Judge to order that if they want. Other Judges will only order an interlock if the breath score is 0.15 or greater. Depending on the specific facts of your case will depend upon if you actually will have to put the interlock on your car of if the Judge who will actually be hearing your DWI case in Collin County will waive the requirement of the interlock.
This is about as specific as I can be without knowing more.
Douglas WilderSee question
I have 4 felonies 2 evading arrest in a mote vehicle an aggravated assault w/deadly weapon burglary of habitat and I've been to prision
If you are unhappy with his advice, seek another lawyer. That very well my be a great deal. It also could be that it is a bad deal. But go see a lawyer for a second opinion. You cannot provide enough information here online for an lawyer to tell you if you are getting a good deal or not.See question
My daughterpled to a DWI in 2008 (TEXAS). She received a second DWI in July 2011 went to trial before the judge and was sentenced 250 days on Oct. 13th, 2013. While out on bond awaiting her trial she received another DWI on August 2013 before the ...
YES. Do not trust your daughters future to just any lawyer. You need to find a lawyer who had been recognized for the excellence and truly cares about their clients. I would suggest that you interview several and do not just go with the first one you meet with. The lawyer you choose can be the difference in the outcome.See question
Daughter was out with friends...had 1 drink in the 3 hour span at the restaurant. She left the restaurant and was hit by another car which left the scene. She had a couple of friends in their cars behind her. The police were called and she was ...
Your daughter's lawyer should have provided her with a copy of the police report and any video's made at the scene and police department. A conference should have been held between the lawyer and your daughter to thoroughly review all the information and a final decision should have been made to either negotiate a plea bargain or proceed to trial. You as a concerned parent should have been invited to this meeting to assist in the decision making process.
If the report and video were not provided to your daughter, she needs to immediately contact the attorney and request copies be provided ASAP. She (and you) then need to find a DWI specific law firm to give her (and you) a second opinion. A reputable firm will not charge for this consultation.
I hope this information helps you.
Douglas WilderSee question
My friend had his first dui 5.5 years ago and recently got charged with a second. He went to see an immigration attorney who said that they can deport him for this without notice. His bloodwork hasn't come back so we don't know his alcohol level, ...
Non US Citizens always face potential deportation when convicted of a crime. Most will face deportation if they are subject to a year in jail if convicted of a crime. A second DWI has a range of punishment of up to 1 year in jail, but the amount of jail time any individual could potentially face could be capped at less then a year with an agreement with the prosecutors. However, any conviction could result in your friends deportation. My suggestion is that you meet with a highly qualified DWI lawyer to get face to face advice and to start perfecting your friends defense. He has to fight this if at all possible. The County in which his case is pending will also play a role in how the case is handled and eventually disposed of. Collin County is very different then Dallas County. Should you have any additional questions, just let me know.See question
I have completed all my probation conditions for my first dwi charge but the community service hrs(25) and I am up to date with the payments and fes and my po check ins,will the judge take that into consideration?
On the new DWI, you will be facing 30-365 days in the county jail and up to a $4,000 fine. If you only have 1 prior DWI on your record, you would be eligible for probation on the new case also. If probation is offered, the would be a mandatory minimum of 5 days in the county jail as a condition of that probation. Without knowing more, that is the range of punishment that you are facing.
Your DWI that you are on probation for is another issue. When you were placed on probation, the court suspended a certain number of days in jail for the number of months of your probation. Now that you have violated your probation, the court has many options. They can do nothing and just keep you on probation, which is highly unlikely. You can expect that a motion to revoke your probation will be filed and a warrant issued for your arrest. Once arrested, you will have to post a bond to be released from jail. At that time, you will be given a court date. When you go to court, a plea offer very likely will be made. I would anticipate that offer would be for a jail sentence on the probation case.
What you do from today forward is critical to how your probation case will be handled. The lawyer you hire will advise you on what all to do. That advice has to be followed. However, all lawyers will advise you differently in this situation. You need to hire a lawyer whose practice is almost 100% limited to DWI defense (in my opinion). You need to interview several to get a good feel as to who will represent you in the best possible way.
Please do not take this lightly, or think that it is hopeless. It is not. But what all you do over the course of the next 90 days will be critical to your future. Even if you think the second arrest is a bunch of bull, you need to take an aggressive approach over the next 90 days.
The fact that you have completed all of your conditions except for 25 hours of community service is good, but do not just rely on that alone. To put it another way, if you had not completed all the other conditions, you would be in a worse position.See question
I lost control of my car after a rainy storm and wrecked it, the trooper had me do the field tests and a breathalyzer but asked for my blood when he took me to the hospital to get my wounds checked. After the hospital he took me to the jail where ...
If you refused a breath test and your blood was obtained by a warrant, you have 2 more days to request a hearing on the potential suspension of your driver license. If you did not refuse breath but consented to blood, you will only be notified of a potential suspension if the results of the blood test are .08 or higher. They will mail you notice of the potential suspension to the address on your driver license, so you need to make sure your address is correct. If your results are below a .08, there will be no suspension hearing.
If your blood results are below a .08, you can still be charged with DWI. The State can charge you with DWI if, in the officers opinion, you 1. did not have the normal use of your mental factulties; 2. did not have the normal use of your physical faculties, OR 3. had an alcohol concentration of 0.08 or higher. The State only has to prove one of the three ways. So a blood test below the legal limit does not mean a case cannot be filed against you. The officer arrested you on the belief that you did not have the normal use of your mental and/or faculties. The results of the portable breathalyzer cannot be used against you in court, but many Judges will allow an officer to say that the portable breathalyzer detected the presence of alcohol, without giving a number.
My advice is to contact a DWI lawyer to help you. Sitting back and waiting to see is not the way to proceed. Additionally, it is not uncommon for cases to be filed and a person have court settings before the results of the blood test come back.See question
Reason for this question is because someone I know is driving a very nice, expensive car, and they talked about how they're ordered to have a breathalyzer in their car. When I looked inside the nice car, I didn't see it. So being curious, I asked ...
When a Judge or Magistrate order an Ignition Interlock (breathalyzer) to be installed in someone's car, they are also ordered not to drive any other vehicle that does not have one in the car. There is an exception to this, but that exception only applies to work vehicles. I know some people will do just what your friend did. Buy a junker and install it in that. The consequences of that could be very severe, depending on the county. If the interlock is a condition of their bond and they get caught, the Judge could hold their bond insufficient, issue a warrant, have them arrested, and keep them in jail until their case is resolved. The Judge could also order that a SCRAM device be attached to their leg. A SCRAM device is an alcohol monitor and it is attached just above the ankle. The strap is about 1 1.2 inches wide and the device is about the size of a pager. The cost for that is approximately $360/month. If your friend is on probation and gets caught, that could result in a motion to revoke his probation being filed, a warrant being issued, them being arrested and their probation could be revoked and they would be sent to jail. So, if they continue to do this, they are running a real risk and could face major consequences (jail, loss of job, etc).See question