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Category Archives: DWI – Driving While Intoxicated

Texas Penal Code – Section 49.04. Driving While Intoxicated (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a
minimum term of confinement of six days.

Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1995, 74th Leg., ch. 76, § 14.55, eff.
Sept. 1, 1995.

License Suspension in Texas


Texas law requires that the department shall suspend a person’s driver’s license if the department determines that the person had an alcohol concentration of .08 in accordance with Section 49.01 (2)(B) of the Texas Penal Code, while operating a motor vehicle in a public place or while operating a watercraft; or (2)  the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor’s system while operating a motor vehicle in a public place or while operating a watercraft.

Being arrested for a DWI in Texas does not necessarly result in having your driver’s license suspended.  There are options available to contest the suspension or to allow you to continue to drive legally despite the suspension.  Remember that each state has different laws regarding DWI’s and suspensions so it is important to find an attorney in your state that is knowledgable about DWI laws.

To assist you with the process of a license suspension in Texas, here is a break-down of what happens after a DWI arrest in Texas:

  • After you are arrested for a DWI, you have 15 days to request an ALR hearing.
  • A criminal defense attorney may request the hearing for you or you may request one yourself prior to hiring an attorney.  ALR hearings are used to contest driver’s license suspensions.
  • At an ALR hearing, license suspensions may be overturned completely or the suspension may be postponed until a later time pending the outcome of the hearing.

Driving is a necessity to life, so of course it’s important to ensure that you can continue driving legally. If an ALR hearing is not successful in overturning your license suspension, another option available in Texas counties, such as Williamson, Travis, and Hays, is to file a petition for an Occupational Driver’s License.  An Occupational Driver’s License is an incredibly helpful option that allows you to maintain the ability to drive as needed despite your license being suspended as a result of a DWI arrest or other offense.

Here is a list of items you will need in order to have the petition granted and continue driving after your license suspension:

  • A letter from your employer explaining your need to drive.  The letter should include a list of all counties in which you may need to drive during your license suspension along with the times of day and days of the week that you would need to drive.
  • An SR-22 insurance form from either your insurance company or another insurance company.  An SR-22 is a supplement to the insurance that you currently have.
  • Filing Fee’s.  Fees vary by county in which the offense was committed
  • A copy of your three-year driving record.  This can be obtained from Texas DPS. You can visit their website and download the application at http://www.txdps.state.tx.us/InternetForms/Forms/DR-1.pdf
  • A personal letter listing any activities in which you need to attend outside of work, i.e:
    • School classes,
    • church,
    • court settings,
    • AA meetings,
    • doctor appointments,
    • childcare,
    • carrying out essential household duties, etc.
    • This list must also include all of the counties in which you may need to drive during your license suspension along with times of day and days of the week

Once all of the requirements have been submitted, a petition is drafted and filed with the court.  Once your petition is filed in court, a hearing may be required, depending on where the petition is filed.  If the court grants you an Occupational Driver’s License you will be eligible to drive for the reasons and times approved by the judge in your petition and outlined in the order resulting from the court’s approval.

IMPORTANT POINTS TO REMEMBER:

  • While driving with an Occupational Driver’s License the order should always be in your possession. 
  • If you are pulled over and do not have the order in your possession you will be arrested. 
  • Once your suspension period is over, you simply have to pay a reinstatement fee and you will receive your regular license back. 

If you have any questions or have been charged with an alcohol related offense, feel free to visit us on Facebook and post a question, leave a comment or fill out a free case evaluation form with no obligation.

 

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Texas Statewide No-Refusal Weekend – first of its kind in the nation ever!


Fireworks display at the UT tower during Diwal...
Image via Wikipedia

Everyone loves the Fourth of July.  It has become the unofficial celebration of summer as people across the United States enjoy the very essence of independence and freedom.  Everywhere you go you see families’ barbequing, neighborhood block parties and friends hanging out wherever it’s cool – lakes, pools, rivers, beaches – everyone enjoying a good time just waiting for the sun to go down and the fireworks to start. Unfortunately, the days following the Fourth of July, many of those same people reunite at hospitals, police stations, attorney offices – and even more unfortunate, funerals.

Last year in Texas alone, officers responded to 337,000 crashes over the Fourth of July weekend.  In 2009, the “no refusal holiday program” was created to enforce Texas DWI laws in order to help lower alcohol related accidents.  The program allows law enforcement and prosecutors to designate a holiday weekend, such as New Year’s Eve, Halloween, or Super Bowl weekend, where law enforcement officers can stop a driver for DWI suspicion and take a blood sample to test for Blood Alcohol Content (BAC).  According to a press release Tuesday in Austin regarding the statewide program— “drivers also can be arrested with a BAC below 0.08 when a law enforcement officer has probable cause, based on the driver’s behavior, to believe the driver has lost the normal use of mental or physical faculties due to the introduction of alcohol or any substance into his or her body.”  Along with extra patrol on the road, there will also be additional enforcement on the water all across the state enforcing no refusal.  So not only are you at risk drinking and driving, but drinking and boating as well.

The concept of this program is simple – you cannot refuse.  If you are stopped for a busted tail-light, not using your blinker, not wearing a seatbelt, speeding or any other minor traffic violation and the officer suspects that you are intoxicated you will be required to have your blood drawn or take a breathalyzer test .  During “No Refusal Weekends,” judges are on standby to sign a warrant permitting the police to take a blood sample after a suspected driver refuses to submit to a breath or blood test.  Basically, if you drive on a “No Refusal Weekend,” and an officer suspects you have been drinking, he can obtain a sample of your blood to test for BAC whether you like it or not.

You might wonder how law enforcement is able to do this without violating your rights.  When you obtain a Texas driver’s license, you have implicitly consented to provide a sample of breath or blood when it is requested by law enforcement agents during a DWI arrest but you may refuse until the law enforcement agent obtains a valid search warrant.  Under normal circumstances, an officer has to wait for a warrant to obtain a sample of your blood and judges are not always readily available… unlike “No-Refusal Weekends” when judges are standing by to issue these warrants at a moment’s notice.

The best thing you can do if you have been drinking during a “No Refusal Weekend” is to call a cab or have a designated driver.   If you have any questions about your arrest or rights after a DWI, DUI, BWI or any other alcohol related offense in Texas please join us on Facebook or post a comment anywhere on this blog and an experienced Texas attorney will be happy to assist you.

KEY MESSAGES:

  • During the July 4th holiday, alcohol is a major factor in fatal crashes.
  • Motor vehicle traffic crashes killed 410 people during the Fourth of July holiday period in 2009.  Of that number, 40 percent involved drivers with blood alcohol concentrations (BAC) of .08 grams per deciliter or higher.
  • Alcohol-impaired-driving crashes killed 10,839 people in 2009, accounting for 32 percent of all traffic-related deaths in the United States.  That’s an average of one alcohol-impaired-driving fatality every 48 minutes.
  • Beware: the rate of alcohol impairment among drivers involved in fatal crashes in 2009 was four times higher at night than during the day.

Drunk Driving. Over the Limit. Under Arrest.

  • This summer don’t let your 4th of July end in an arrest—or even worse, death. Make smart decisions. Plan ahead so you can ensure a safe way home.
  • Cops are cracking down, and there will be no second chances.  If you are caught driving with a BAC of .08 or higher, you will be arrested.
  • Remember, don’t ever get behind the wheel of a vehicle when you are impaired, and don’t ride with a driver who has been drinking.
  • Whether way too many or just one too many, it’s not worth the risk. Drunk driving creates serious consequences.
  • Alcohol impairs many of the skills that safe driving requires, including judgment, concentration, comprehension, coordination, visual acuity and reaction time.
  • Driving with a BAC of .08 or higher is illegal in every state. Yet too many people still ignore the law. According to the FBI’s Uniform Crime Report, more than 1.44 million people were arrested for driving under the influence during 2009.
  • The tragedies and costs from drinking and driving impaired do not just end at the potential death, disfigurement, disability and injury caused by impaired drivers.
  • People who break the law often face jail time, the loss of their driver licenses, higher insurance rates, and dozens of other unanticipated expenses from attorney fees, fines and court costs, car towing and repairs, lost time at work, etc.
  • Driving impaired or riding with someone who is impaired is not worth the risk. The consequences are serious and real. Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for driving while impaired can be really significant and not the way you want to celebrate the July 4th holiday.

Remember: Drunk Driving. Over the Limit. Under Arrest.
(information provided by Traffic Safety Marketing
a program sponsored by the National Highway Traffic Safety Administration)

 

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This is the guy that refused….


 

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What Happens After a Dwi Arrest In Texas?


ArrestedAdministrative License Revocation: To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension(usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should requests the officer’s presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.

lst Appearance: If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you, so that you do not have to attend. During this 30 day period, the case is sent to the County Attorney‘s office for further investigation. The County Attorney then prepares an information and files this with the County Clerk, and your case is set on the court’s docket.

Pre­trial Conference: Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference will happen about 8­10 weeks after your 1st Appearance date.

Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre­trial conference.

Trial: You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.

Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.

 

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