The following are common Questions and Answers asked of Houston DWI Lawyers. If you have
further questions, don't hesitate to call Houston DWI lawyer Tyler Flood at: 713-224-4DWI.
| DWI
Questions and Answers |
| 1) |
What
must be proved to find you guilty of DWI?
Answer:
- Your identity,
- You were operating,
- A motor vehicle,
- In a public place,
- In Texas, while
- Your Blood Alcohol Level was .08 or higher, by
- The introduction of alcohol, a drug, or a combination
thereof into the body.
|
| 2) |
How
do I avoid being arrested for Houston DWI?
Answer: Do not give a breath sample. The officer will most likely
tell you that you will be arrested if you don't take the breathalyzer,
and that your license will be suspended. What they don't tell
you is that if you blow over .08 (the legal limit) you will
be arrested and your license will be suspended anyway. |
| 3) |
How
do I keep my license from being automatically suspended?
Answer: In order to keep your license from being automatically
suspended, we will request an Administrative License Revocation
(ALR) hearing to contest DPS's contention that there was probable
cause for your arrest. |
| 4) |
Does
the ALR hearing effect my criminal court case for DWI?
Answer: In short, No. DPS will try to suspend your license independent
of anything that is happening with your case in court. Additionally,
upon a final conviction of DWI, the criminal court judge can
suspend your license for anywhere from?6 months to one year
depending on your age and the circumstances of your case, prior
convictions, etc. |
| 5) |
Will
I have to go to jail if this is my first DWI?
Answer: If you have a clean criminal record and there were no
serious injuries in your first misdemeanor DWI, you should not
have to worry about doing any additional jail time. In Harris
County, probation is an option as an alternative to jail time. |
| 6) |
How
does a DWI effect my criminal record, will I have a conviction
if I receive probation?
Answer: For DWI's in Texas, even if you receive probation, you
will have a final conviction on your record. The law states
that on your second DWI, you must spend at least 30 days in
jail if you are convicted. This enhancement can sometimes be
waived, however. |
| 7) |
How
much can I expect in fines if I receive probation?
Answer: A DWI 1st carries a maximum fine of $2,000 which can
be paid monthly as a part of probation. Additionally, as of
Sept. 1st 2003, DPS will assess an additional penalty of a minimum
of $1,000 per year for three years upon a final conviction for
DWI. |
| 8) |
Is
a breath sample always correct?
Answer: Absolutely not. A breath sample from an Intoxilyzer
machine can be inaccurate. There are ways to attack the validity
of the breath test results. |
| 9) |
What
if the Arresting officer did not read me my rights until after
I completed sobriety tests at the station?
Answer: This is a common question. Sobriety tests are generally
considered non-testimonial in nature and Miranda does not apply
to non-testimonial evidence. |
| 10) |
What
should I expect from a Texas DWI lawyer?
Answer:
- Your lawyer should conduct a thorough investigation
of the facts of your case,
- He should be able to prepare and conduct a rigorous
cross examination of the State's witnesses. In most cases,
this is the most important part of the trial,
- He should have a comprehensive understanding
of constitutional rights, how they may be violated and how
to protect those rights,
- He should have experience in the type of case
you are hiring him for.
|
| 11) |
What
are the major areas of concern in a DWI case?
- Whether the stop was constitutional,
- Whether the administration of roadside tests was
constitutional,
- Whether there was Probable Cause for the arrest,
- How Miranda will play a role in the case with
statements and other evidence,
- How the roadside tests were administered,
- The administration of any Breath or Blood Samples
given,
- The constitutionality of the search and seizure.
|
| 12) |
Non-Arrest
Bonds: What should I do if I have a warrant for my arrest?
Answer: You should contact an attorney immediately
if you or a member of your family or a close friend has a warrant
for their arrest. A warrant has been issued by a magistrate
or a judge. The arrest warrant commands a law enforcement officer
or some other person specifically named to arrest the body of
the accused and take the body to be dealt with according to
law. By contacting our firm, we can help resolve the warrant
problem without the person being arrest and without the person
having to turn himself in. |
| 13) |
What
are your rights if you are arrested?
Answer: The police officer is required to take a person
in front of a magistrate without unnecessary delay, but no later
then 48 hours. The magistrate is required to inform the person
accused of:
- The charges against him,
- They have the right to hire an attorney,
- They have the right to remain silent,
- They have the right to have an attorney present during
questioning by law enforcement or a prosecuting attorney,
- The have the right to terminate the questioning at any
time,
- They have the right to request a court appointed attorney,
if the person arrested in indigent or cannot afford to hire
an attorney,
- The procedures for requesting a court appointed lawyer,
- They have the right to an examining trial,
- The person arrested is not required to make a statement
and any statement may, can and will be used against the
person arrested. The magistrate is also required to allow
the accused reasonable time and opportunity to consult counsel
and to be admitted to bail if allowed by law.
|
| 14) |
What
if I am not read these Miranda rights?
Answer: Any confession you make during a custodial
interrogation cannot be used against you unless you are first
advised of your Miranda rights. Some statements and confessions
may be used against you prior to arrest and prior to a custodial
interrogation under certain circumstances. |
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