Amarillo DWI Attorney

Have You been Arrested for DWI or Another Drunken Driving Offense in Amarillo, Texas? Call the Texas Criminal Defense Law Firm Grossman Law Offices

Finding a bar in Amarillo is significantly easier than finding a taxi; thus, many people who drink in this town end up drinking and driving, causing a high rate of DWI arrests for the Amarillo Police Department and surrounding law enforcements agencies in the area. If you’ve been arrested for drunken driving and want to secure the best possible resolution to your legal situation, then you are going to need the help of an experienced and learned Amarillo DWI lawyer.

It’s critically important to your case that you not just secure the assistance of a lawyer who has experience handling DWI cases, but also one who is experience in the pair of counties in which Amarillo is located – Potter and Randall Counties. Most importantly, you need to find an attorney you can trust. When it comes to assigning punishment to convicted drunken drivers, the state of Texas affords a great deal of latitude and considers the harm caused and the previous record of the driver. Thus, while you hope to secure an acquittal, you will need the assistance of an experienced Amarillo drunken driving attorney just to limit the negative fallout from a guilty verdict. Our Amarillo DWI attorneys at Grossman Law Offices have been dealing with drunken driving litigation for over 20 years, so we know both how to fight for an acquittal and negotiate the best plea agreement should that prove the most viable option given the facts in the case. We’ve handled a wide variety of drunken driving cases and virtually every circumstance one could imagine, so we will know how to help you with your case.

Since we’ve helped so many other people in your situation, we know the feelings of uncertainty and trepidation you’re having about your future. We’ve learned that the best way to put someone at ease after they’ve been charged with a DWI is education. Thus, we’ve provided you with this informative article designed to help you and others like you better understanding the trying legal procedure you are about to undergo. After you’ve educated yourself, you can make informed decisions about how to move forward instead of blinding groping in the dark. If you are convicted, you will most definitely be forced to pay hefty fines and go without your driving privileges for an extended period of time. Furthermore, you could even be sent to jail. Sadly, that’s the just beginning of the problems cause by a DWI conviction, as the Internet now makes it possible and easy for anyone to do a background check on anyone else. In order to limit the damage caused to both your present and your future by a DWI conviction, you need to find a reliable and experienced Amarillo DWI attorney. Choosing to handle your own case or opting to go with a cheap, green lawyer will only lead to regrets for years into the future. At Grossman Law Offices, we have expertise built upon decades of experience, so call us now for a free consultation at 1-855-427-0000 (toll free) and find out what we can do to help. In the mean time, read on and arm yourself with the information you’re going to need to make the right decisions about your precarious legal situation.

Why DWI Offenders Aren’t Considered “Normal” Criminals

Normally, when someone commits a crime, he or she does so with the knowledge that his or her actions are going to hurt someone else – either directly like assault, or indirectly, like theft. When someone commits a DWI, however, the offender does not intend to hurt anyone. No, an otherwise upstanding citizen just drinks too much and then makes the foolhardy decision to get behind the wheel while intoxicated. The thing about alcohol is that if you drink too much of it, you lose the ability to make rational decisions as well as perform normal physical functions. Thus, an intoxicated person actually lacks the ability to tell whether or not he or she can drive safely. When applying punishments to drunken drivers, the court takes into account that many of them were unintentional criminals who harmed no one and allows a great deal of wiggle room when it comes to punishment. A driver, who was barely over the legal limit, has no previous DWI convictions, and hurt no one will invariably receive a much lighter punishment than one who caused an accident and has two past drunken driving convictions. The purpose of DWI laws is to punish those who represent a greater threat to society with greater punitive measures. If you want to limit the damage to your life by a conviction, then you will need the assistance of a seasoned and aggressive Amarillo DWI attorney, who can get the court to accept you as someone who presents very little threat to the greater good. Until the court understands this, the prosecution will seek the maximum penalty against you. For over 20 years, the attorneys at Grossman Law Offices, so we know how to uncover ways of securing acquittals when at all possible. However, if the circumstances of your arrest preclude any chance of a not guilty verdict, then we will use our expertise and strong relationships in both the Potter and Randall County courts to make sure you get the best possible resolution to your case.

The Basics of Criminal Law in the United States

Before we delve into the specifics of criminal laws and procedures involved with DWI, we must first make sure you have a basic understanding of American criminal law in general. All citizens in this country are afforded basic rights by the Constitution, with its first 10 amendments called the Bill of Rights outlining the rights we hold most dear. When a law enforcement officer makes any kind of arrest, he or she must respect the rights of the suspect both in detaining him or her and in gathering evidence to prove the case against the suspect. Then, the state must be able to prove beyond a reasonable doubt that the defendant is guilty in order to convict him or her.

By the same token, the state also has rights as to what can do, and by state, we mean government of at any level – village, town, city, county, state, or federal. Each jurisdiction may uphold its community standards by creating its own laws, so long as those laws do not contradict those of higher-powered court. Let’s examine this principle by taking a look at the various ways different jurisdictions handle the usage of cell phones while driving. Recent tests have linked much higher rates of car accidents among drivers who text or talk on cell phones while driving, with texting being a particularly alarming hazard. In the state of Texas, a new law almost went into effect in September that was going to outlaw the use of cell phones by anyone driving through school zones. However, Governor Rick Perry vetoed the bill, declaring that he was against increased government regulation. Still, many cities and towns throughout the state have taken it upon themselves to ban cell phone use in their own school zones; even though, Gov. Perry decided not to do so. Other states around the country have taken a much more rigid line against cell phone usage while driving. In New Jersey and New York, it’s illegal to ever use a cell phone while driving unless the phone has been equipped with a Bluetooth or other hands-free device. So long as its laws do not refute those of an overlapping higher jurisdiction, every different jurisdiction has the right to determine its own stance on the issue of cell phones and driving.

In addition to creating its own laws, each jurisdiction is also responsible for determining how those laws will be enforced by establishing the punishment and courtroom procedures. Granted, these rights come with limits. Randall County can’t send you to prison for five years for talking on a cell phone in a school zone. However, the jurisdiction can determine whether or not the offender must appear in person to pay fines, or can do so remotely using the Internet, mail or phone. Anyone who chooses to challenge a charge against him or herself may do so, but he or she must follow the procedures and guidelines established by the jurisdiction that made the charge.

When it comes to extremely serious crimes like robbing a bank or plotting to blow up a building, the federal government takes over and has the right to rule regardless of any jurisdiction in the United States.

When it comes to the behavior of courts, every jurisdiction can determine its own methods of doing things to the extent that in the legal community people say every court has its own personality. In this way, courts are much like colleges. All colleges exist for the same purpose – to allow students to pursue higher learning. However, no two universities are exactly the same. They don’t look the same, they’re not the same sizes, and they don’t offer the same classes, facilities, or extra-curricular activities. Courts all want to achieve the same end of weighing and dispensing justice, but each court goes about doing this in its own distinct way. The only way your case will end with the best outcome possible for you is if you secure the help of an Amarillo DWI lawyer who has spent time in Randall and Potter County courts and understands the way business is conducted therein.

When convicted of a DWI, the punishment can be life-altering – stiff fines, suspension of your driver’s license, and in some cases even jail time. With the possibility of such negative fallout, it’s foolhardy to attempt to handle your own case when you have no legal experience. You need to secure the assistance of an Amarillo drunken driving criminal attorney who’s handled these cases for years and can anticipate what to expect. Obviously, if you did the crime and the state investigated the case well, then you understand why you can benefit from a plea agreement. What you probably don’t know is that the prosecution also has something to gain by arranging a plea bargain. When prosecutors lose one DWI case, nothing will happen to them. Although, if they repeatedly fail to deliver convictions, then they will be looking for employment elsewhere very quickly. Adding pressure to the prosecution, it must rely on the competence of the arresting officer. If the officer neglected to properly collect evidence, violated your rights in some way, or simply did not gather any evidence, then the prosecution will pay the price with a loss in court and damage to the prosecutor’s reputation. In some cases, the arresting officer will conduct his or her job perfectly, but a clever defense attorney will manage to discredit the evidence and secure an acquittal anyway. Thus, by arranging a plea agreement, a prosecutor can remover all risk from the equation and record a guaranteed win on the record books.

How an Experienced Amarillo DWI Lawyer Can Help You

In assigning sentences to convicted DWI offenders, the courts in Texas wish to address the risk posed by the violator, so punishments factor in the DWI history of the driver and the harm caused by the violation. Those who commit multiple DWI offenses or injure others are punished much more stringently. In order to get the court to accept you as a minimal threat and offer leniency, you will need a skilled Amarillo DWI lawyer arguing your case.

After handling hundreds of cases featuring nearly every conceivable detail involved in drunken driving cases, the Amarillo DWI attorneys at Grossman Law Offices will know how to proceed with your case to achieve the possible resolution. Just like the law enforcement officers who investigate DWI, our firm has time-tested protocol for processing drunken driving cases. After you contact us, we will first want to meet with your and learn your side of the story – what happened in your drunken driving arrest? Regardless of whether you contact us or another firm, we must heavily emphasize the importance of being honest with your lawyer. If you deceive your attorney, you’re only cheating yourself. Then, your counselor will devise an ineffective strategy based upon false information, and your case and future will suffer as a result. After hearing what you have to say, we will meet with the prosecution and discover not only what evidence they’ve assembled against you but also their intentions in regard to the punishment they will pursue if you are found guilty. Since we’ve been trying cases in Potter and Randal Counties for years, our renown within the courts there will make the discovery period go quickly and easily. Once we’ve assembled all of the facts, then our attorneys will determine the best way to move forward with your case to elicit the best possible conclusion to your case.

General Facts about Drunken Driving

Now that we know for certain that you understand the essential elements of the American legal system, we can discuss the ins and outs of laws involving DWI.

Of course, you wouldn’t be reading this right now if you hadn’t already learned that driving while intoxicated is illegal in Texas. You likely already knew that drunken driving is illegal throughout the United States before you were ever arrested. However, do you know what “intoxicated” means legally speaking? If you answered that the driver has a blood alcohol concentration of .08 percent or better, you’re partially right. In Texas, a driver can be deemed legally intoxicated when his or her BAC reaches .08 percent or when he or she loses “normal mental and physical abilities.” For average human beings, scientific studies have shown that the loss of normal physical and mental acuity generally occurs when blood alcohol concentration reaches .08 percent.

However, the standard determination of “losing normal mental and physical abilities,” is poor grounds for making an arrest, since the police officer’s opinion can be picked apart in court. This standard has come to mean what is normal for the driver in question and not what is typical for an average person. If this is the case, then how can the officer, who has never met the driver, know what is normal behavior for that driver in order to make this assessment correctly?

As a matter of protocol, Texas police officers are expected to request breathalyzer tests for all drunken driving suspects before arresting them. In September of this year, the Texas State Legislature passed a new law that created even more reason for Texas police officers to attempt to get all DWI suspects to take breathalyzer test – what has become known as the Extreme or Aggravated DWI. Since blackout drunken drivers tend to cause far worse accidents than those who are just mildly intoxicated, Texas lawmakers created a new law to address this problem, increasing the fines and punishments for those who test a BAC greater than .15 percent. This law was designed to encourage blackout drunks to behave more responsibly.

At Grossman Law Offices, our Amarillo DWI attorneys can be of assistance whether you’ve been charged with aggravated DWI or merely standard DWI.

Bargaining for a Plea Agreement vs. Going to Court

If your rights are violated by the arresting officer, or if the law enforcement agent does not sufficiently gather evidence against you, then your best option is to go to court and fight for your rights. When the state has been particularly lax in its responsibilities in building a case against a drunken driver, our clever and experienced Amarillo DWI attorneys may even be able to get the judge to throw the case out of court with a summary judgment.

When it comes to most drunken driving arrests, on the contrary, the arresting officer does an impeccable job of gathering evidence. As soon as the officer notices the driver operating his or her vehicle erratically, he or she will pull in behind the suspect and begin recording the hazardous driving on the video surveillance system in the police cruiser’s dash. Once the driver has broken the law or evidence has been gathered of the erratic driving, then the officer may turn on his or her lights and pull the driver over. The officer will then align the cruiser, so the video system continues to tape the interchange with the driver, as he or she is questioned by the officer. The Texas Department of Public Safety expects officers to follow a rigid outline when questioning DWI suspects. Only if the driver sounds intoxicated or admitted drinking before driving will the officer then move on to requesting the suspect to take a field sobriety test. If the driver does not perform well or refuses to take the field sobriety test, then the officer can ask the suspect to take a breathalyzer test. If the driver passes, then the officer will send the driver on his or her way. However, if the driver fails the test or declines to take it, then the officer will arrest the suspect. A breathalyzer refusal will also lead to immediate confiscation and suspension of the driver’s license. While a clever and experienced Amarillo DWI attorney is capable of challenging a failed breathalyzer in court, a driver who has tested intoxicated on a BAC test is usually better off arranging for a plea bargain than taking the case to court. At Grossman Law Offices, our attorneys are willing to take the chance that we can get a jury to overlook questionable BAC results, but we always advise our clients that this is far from a full-proof prospect, as even a well-crafted and fact-supported argument can be ignored. Our firm is devoted to take the action that will best suit our clients and the particular circumstances of their cases.

When someone attempts to try a case and fails, he or she usually pays the price with a much harsher sentence than another case with similar circumstances but with a defendant who chose to work out a plea agreement.

Penalties for DWI in Texas

Like we’ve already discussed, each court has a certain amount of leeway when applying punishment to a convicted DWI offender. The severity of the crime and the violator’s drunken driving history determine the punitive measures.

First-time DWI

Anyone convicted of a DWI who has lower than a .15 percent BAC has committed a Class B misdemeanor that can be punished with a maximum prison term of 180 days, a fine as much as $2,000, and a license suspension no less than 90 days but no more than a year.

Extreme DWI

When the driver who has been convicted of the DWI scored higher than .15 percent BAC on his or her BAC test, then that’s a Class A misdemeanor, and the offender can fined as much as $4,000 and sent to jail for as long as two years.

Second-time DWI

When someone fails to stop drinking and driving after a previous conviction and is convicted of a second DWI, then the punishment for this crime comes very close to mirroring that of Extreme DWI. This crime is grouped as a Class A misdemeanor that carries a maximum sentence of 180 days to two years in prison while also featuring a maximum fine of $4,000. A second conviction also comes with a two-year driver’s license revocation to punish the repeat offender.

Third-time DWI

When drunken drivers refuse to rehabilitate their dangerous behavior and receive third convictions for DWI, the state takes a stern stance, classifying a third-time DWI as a 3rd-degree felony and punishing offenders with a maximum fine of $10,000 and up to 10 years in prison in addition to a two-year driver’s license suspension.

Open Containers

The state of Texas prohibits people from driving with the temptation of an open container carrying alcohol in the car. When a drunken driver was carrying an alcoholic open container when he or she receives a DWI, then the court adds up to $2,000 more in fines and up to six more days in prison in addition to the punitive measures issued by the court in response to the DWI.

Driver’s License Surcharges

Once a convicted drunken driver has his or her driver’s license revoked, he or she will be looking at even more fines to get his or her driver’s license reinstated once the period of the suspension – that is if the driver wants to return to free and unlimited driving. The price is not cheap either. For each of the first three years a drunken driver has his or her license back he or she must pay a surcharge of $1,000 a year for a first DWI, $1,500 a year for a second DWI, and $2,000 a year for a third DWI. When the DWI in question is Extreme DWI, then the surcharge doubles for each of the three annual payments. What’s more – anyone who receivers more than one DWI in a three-year span will need to pay multiple surcharges for any overlapping years. When you do the math, you can see that irresponsible drinking and driving could make it possible to pay as much as $9,000 a year in surcharges. While such a surcharge is virtually unheard of, fees of $5,000 for at least one year of the three-year surcharge period are not.

Intoxication Assault

Since the state of Texas devises drunken driving laws to punish offenders according to the severity of their crimes, it should come as no surprise that intoxication assault – when someone injures someone else in a drunken driving accident – is punished much more harshly by the courts. An intoxication assault conviction is a third-degree felony, which may be punished with up to 10 years in prison and a fine as high as $10,000. With intoxication assault, offenders are also required to spend at least 30 days in jail, and anyone convicted of intoxication assault with a deadly weapon may not be put on probation at all.

Intoxication Manslaughter

Since intoxication manslaughter – when someone kills another in a drunken driving accident – is the only DWI crime that causes more harm than intoxication assault, it’s the only convicted punished more severely. Intoxication manslaughter is considered a 2nd-degree felony, and offenders can be sentenced to as long as 20 years in jail and fined as much as $10,000. With this crime, anyone convicted must spend at least 120 days in prison before being eligible for probation.

Community Supervision

While those convicted of intoxication assault or intoxication manslaughter are expected to spend some time in prison, most other DWI offenders will merely face probation if found guilty.

You don’t need a skilled Amarillo DWI lawyer to tell you that probation is preferable to prison. Still, probation is not easy and will put a damper on the lifestyle of the offender. Each month, the probationer will be expected to meet with a probation officer in either Potter or Randall County, paying a supervisory fee for every interaction. The probation officer will question you to verify that your are conforming with all parameters of your probation agreement – abstaining from drugs and alcohol, conforming to the law, maintaining employment, avoiding people and places that are bad influences, fulfilling community service obligations, attending all alcohol awareness classes in the required amount of time, and paying all fines and fees as scheduled. The probation officer also has the choice of requiring you to take urine tests on a monthly basis to verify that you are not drinking or using drugs, with that likelihood leaping dramatically if drugs were involved with your DWI arrest. Failure to meet any of your probation requirements could lead to your being sent to prison for the entirety of the allotted prison sentence. Some probation officers will allow probationers to report in alternating months after a strong rapport has developed through the course of several months of fruitful meetings. Although, that decision is up to the particular probation officer in question.

When someone has been convicted of more than one DWI in a 10-year period, an ignition interlock device will also be installed on that person’s car as a condition of probation, and the driver will be forbidden from driving any vehicle not outfitted with such a mechanism. In order to start the car, the driver must breathe into the interlock device, and if any alcohol is detected, the interlock device shuts the car down for a two-hour period before another test can be sent. Moreover, the failed test will be reported to the probation officer and could lead to the end of the probation. The interlock device is a nuisance even when the driver is complying with probation and abstaining from drinking alcohol, since the driver will still be required to breathe into it every time he or she wants to drive. Think about the impression that makes on clients, bosses, dates, and family,

There is only one drunken driving offense that can be completely expunged from a driver’s legal record, and even then it remains on his or her driving record for the next 10 years, causing insurance rates to inflate for the duration of that period.

Texas DWI with a Minor in the Vehicle: Child Endangerment

When children are riding with their parents, they don’t have the option of getting out of the car when the adult has had too much to drink. Thus, the state of Texas seeks to protect these children by creating a separate category of drunken driving offense that treats the crime of DWI with a minor in the vehicle as a form of child endangerment. Classified as a state felony, DWI with a minor in the vehicle carries the threat of a two-year jail sentence and possibility of a $10,000 fine. However, the punishment for this crime can be far worse than that enforced by the court if the offender is a single parent. A child endangerment conviction could lead to loss of custody to an ex-spouse or loss of visitation privileges. In other cases, a parent, in-law, or possibly even Child Protective Services could assume custody.

If you have been accused of DWI with a minor in the vehicle, you’re up against the chance that you could lose your family. Thus, you need a skilled and seasoned Amarillo DWI lawyer protecting your rights and the sanctity of your household.

In actuality, you’re going to need the help of a clever and time-tested Amarillo DWI attorney no matter what type of drunken driving charge you are facing. At Grossman Law Offices, we’ve been dealing with DWI cases for over 20 years, and we know how to help you secure the best attainable outcome to your case.

Blood Alcohol Concentration in Texas DWI Cases

If you drink even a little bit, then you probably were already aware of the legal ceiling for public intoxication when it comes to DWI of .08 percent. BAC. However, you might not also be aware that Texas has three established methods for measuring BAC:

The amount of grams of alcohol in 210 liters of breath.
The amount of grams of alcohol in 67 milliliters of urine.
The Amount of grams of alcohol in 100 milliliters of blood.

When you have been drinking all night long, you lack the mental reasoning skills to accurately track your own level of intoxication; even if, you have a genius I.Q. and access to a drink conversion chart. There is absolutely no question that the established BAC monitoring methods in Texas are far better barometers of drunkenness than self-monitoring. On the other hand, BAC tests can also be inaccurate and occasionally flawed depending upon the circumstances of the case. Each of these BAC tests bases its findings on formulas that rely upon the body chemistry of an average human being. When someone comes along with abnormal body chemistry, the findings of a BAC test can be thrown off considerably. Thus, it’s possible for a suspect to be deemed intoxicated by one method of measurement when another would have found the person legally sober.

Understanding Breathalyzer Inaccuracies

While body chemistry fluctuations can throw off BAC test results, a far more common challenge to BAC test reliability is the amount of time that usually passes before a BAC test is administered. In order to prove that a suspect committed the crime of drinking and driving, the state must be able to establish that the driver was drunk at the time he or she was driving. However, most roadside breathalyzer tests are not given until 30-45 minutes after the driver was pulled over, and a blood test may not be administered for as long as two hours after the driver was pulled over.

As time passes in the interim between the traffic stop and the administration of the BAC test, the driver’s body is speedily processing the alcohol through his or her system, and the speed at which this occurs can be sped up or slowed down by several factors: the driver’s weight, the velocity of his or her metabolism, the speed at which the liquor was consumed, the types of alcohol he or she drank, and the amount of food consumed both before drinking and after the fact. Thus, the passage of time can either hurt a driver who is trying to test under the legal limit on a BAC test or hurt him or her. For example, one driver goes out for some drinks with his or her friends but stops imbibing when he or she begins to feel intoxicated. Before getting behind the wheel, the driver drinks a couple of glasses of water and a cup of coffee. When the driver is pulled over, he or she is over the legal limit, but the driver demands a blood test instead of relenting to a breathalyzer. The blood test isn’t given until 90 minutes after the arrest, allowing the driver’s BAC to drop below the legal limit. On the other hand, another driver goes with his or her friends for a few drinks and doesn’t go overboard until just before leaving the bar, when he or she downs three shots quickly. When the driver is stopped under suspicion of drunken driving, he or she is still legally sober, but the elapsed amount of time before the BAC test allows the alcohol to be digested into the driver’s system, sending his or her BAC over the legal limit and leading to his or her being charged with DWI. The same situation can also lead to a driver being unjustly charged with Extreme DWI.

If you failed a BAC test, you shouldn’t immediately assume the worst and prepare to be found guilty. What you need to do is meet with an experienced and knowledgeable Amarillo DWI attorney to discuss the facts of your case as soon as you can. Only an expert can help you learn whether your BAC test was accurate or has weaknesses that could be challenged in court over issues of irregular body make-up or too much elapsed time.

DWI Roadside Testing Procedures in Texas

The great dilemma with BAC testing pits accuracy against efficacy. The blood test is bay far the most accurate testing method, but it’s also the least practical and most unsanitary to administer in the field. Meanwhile, the amount of time that usually passes after a traffic stop before blood can be taken back in the police station usually brings the accuracy of the blood test into question. Thus, Texas police officers are forced to use a breathalyzer test that is far easier to give by the side of the road but far less accurate.

When it comes to BAC breath testing, all Texas law enforcement agencies use a device called the Intoxilyzer 5000 that detects alcohol on the breath using infrared light sensors. Unfortunately, the computer technology that makes the calculation is 30 years old, calling into question its accuracy. Would you surf the Internet using a computer with a 30-year-old processor? The Intoxilyzer 5000 comes further into question by the fact that its manufacturer won’t issue an official guarantee of its reliability, and only Texas law enforcement officers are permitted to test the machines for accuracy.

Not only has the Intoxilyzer 5000 been known to mistake harmless substances like mouthwash for alcohol, but it has far greater problems in how it calculates BAC based upon the blood-to-breath ration for the average person: 2,100 to 1. The problem is that not all people have average blood-to-breath ratios. When someone’s blood or aspiratory chemistry differs dramatically from the norm, then the BAC test results will be flawed. Someone with an abnormally high blood-to-breath ratio could score an inaccurately low BAC and avoid an arrest when actually drunk, while someone with an abnormally low blood-to-breath ratio could score an inaccurately high BAC and end up unjustly charged with a DWI.

Even with those inaccuracies, we still haven’t discussed the most objectionable aspect of the Intoxilyzer 5000 – the machine could be far more accurate if utilized properly. There is another breath test that can be performed called the gas chromatography test that is practically full-proof, and the Intoxilyzer 5000 can easily store breath samples for later testing. The Texas Department of Public Safety, however, will not order the state’s police officers to store breath samples or conduct the gas chromatography test, as they clearly prioritize convictions over justice when it comes to DWI cases.

While this might be riling you up to learn about these problems with BAC tests, you shouldn’t be getting angry. You should be realizing that a clever and well-seasoned Amarillo DWI attorney may be able to get a jury to ignore the findings of the BAC test, allowing you to beat the charges against you even if you failed a breathalyzer test.

Your Rights when Pulled over Under Suspicion of DWI

When you’re stopped and questioned for a DWI, you certainly retain your Freedom of Speech as guaranteed in the Bill of Right’s First Amendment. However, you shouldn’t necessarily give the police officer who stops you a piece of your mind. Rather than angering the officer and increasing his or her determination to arrest you, you should remain cordial and calm and answer his or her questions in polite fashion. While you may catch more flies with honey, you could also avoid getting caught drunken driving. You can also silently deadpan the officer when questioned, but that’s just as foolhardy when you’re trying to curry his or her favor. Moreover, if you stand silently ignoring the officer’s questions, you will look extremely guilty on the video being recorded by the officer’s car. When the officer questions you, if your answers make him or her think you could be intoxicated, then he or she will then ask you take a field sobriety test. You need to realize that you cannot be forced to do any field sobriety test which you would not have been able to pass under normal conditions because the standard for intoxication of a driver is whether or not he or she has lost normal mental and physical abilities. Thus, if you’ve had torn anterior cruciate ligament surgeries on both knees, you’re likely going to be unable to balance on one leg while reciting the alphabet backwards. Therefore, you can explain this to the officer and refuse to do that field sobriety test.

On the other hand, the police officer will only ask that you perform another type of field sobriety test. If you repeatedly decline the tests, then again you will appear very guilty on the video evidence being collected for the jury to view later. Additionally, the officer will only eventually request that you take a breathalyzer test. While you have the right to decline to take the breathalyzer due to the Intoxilyzer 5000’s known inaccuracies, the officer will react to this decision by revoking your driver’s license and arresting you on the spot. Once you are taken to the police station, you then have the option of taking a blood test, which can later lead to the charges being dropped if you pass. In the event you refuse to take a blood test, the officer will try to get a warrant to extract your blood without your consent.

Throughout the state of Texas, the procedure for non-consensual blood testing is evolving. In many jurisdictions, judges are starting to issue pre-authorized warrants to extract blood from DWI suspects on holiday weekends like New Year’s Eve, Fourth of July, and Halloween when drinking and driving is far more commonplace. When you’re arrested for DWI on one of these weekends, the arresting officer merely fills in the blanks on the warrant with your information and then takes your blood without your consent. For someone who has been using drugs in addition to drinking, this can be particularly damning, since a breathalyzer test would not document the drug usage but the blood test will. San Antonio’s Bexar County has even expanded blood testing against the will of a DWI suspect to include every weekend on a limited trial basis.

Whether you have refused to submit to a BAC test or failed a blood or breathalyzer test, the Amarillo DWI lawyers at Grossman Law Offices can help you realize the best outcome to your case.

ALR Hearings to Resolve Driver’s License Suspensions

As we just discussed, refusing to take a breathalyzer test leads to the immediate revocation of the suspect’s driver’s license. However, this doesn’t mean the driver’s status has already been determined by the court, so the officer will issue a temporary license that is good for 40 days from the date of the arrest.

Then, in the weeks after the arrest, the defendant will receive printed notification by mail detailing the intent to suspend the driver’s license. This gives the defendant’s attorney 15 days to formally ask for an Administrative License Revocation Hearing (or ALR Hearing) – a formal court date in which the defendant’s lawyer can attempt to convince the court that the driver’s license revocation was unjust.

Due to the high volume of cases in the Potter and Randall County courts, your ALR Hearing will not likely be scheduled during the 40 days afforded by your temporary license. Thus, the court extends the license until such a time as you have had your day in court. If you proved to be legally sober upon taking a blood test after your arrest, then a competent Amarillo drunken driving criminal attorney should have no problem getting your license back for you. If you lose your ALR Hearing, then your actual driver’s license revocation begins unless you choose to appeal within 30 days. In that event, you are afforded an additional 90 days on the provisional license. If you eventually beat the charges against you in court or the charges are dropped, then you can apply for reinstatement of your license if it is not so ordered by the judge.

In other words, you haven’t necessarily lost driving privileges just because you’ve refused a breathalyzer test. If you call the Amarillo DWI lawyers at Grossman Law Offices, we may be able to get you back on the road again.

Occupational Driver’s Licenses

Even when the facts of your case prevent you from winning an ALR Hearing, the Amarillo DWI attorneys at Grossman Law Offices may be able to get you back behind the wheel immediately, albeit on a restricted basis. Let’s face it – public transportation in Amarillo (and most cities in Texas) is a joke, a really bad joke. The state of Texas allows that everyone needs a way to get to work or school and take care of their families and children, so convicted drunken drivers still have the right to apply for an Occupational Driver’s License (ODL). An ODL will allow the DWI offender to drive on a limited basis to and from essential locations. However, ODLs are not given way, but they cost money and greatly limit travel. Petitioners may only to travel to preapproved locations and must track all journeys in which they drove on a trip log that contains the date, the time of departure, the reason for the trip, the intended destination, the mileage at the start of the trip, the mileage upon return, and the time of arrival.

Additionally, the court doesn’t just blindly hand ODLs to anyone who applies. You must follow the procedure and format for applying for an ODL in Potter or Randall County and specifically request all of the counties in which you will need to drive. Failure to follow the proper procedure could result in the rejection of your ODL application; thus, you need the guidance an expertise of an Amarillo DWI lawyer who has spent many years in the local courts and knows the expectations in both Randall and Potter Counties.

Minors Under 21 DUI and DWI

When it comes to voting or getting drafted in the United States, anyone older than 18 is an adult. However, in terms of alcohol-related laws, a minor is anyone under 21-years-old, since no one under that age is permitted to drink legally. Since minors cannot legally consume alcohol, they are committing a crime called Driving Under the Influence (DUI) whenever they get behind the wheel with even one drop of detectable alcohol in their systems. For people who have moved to Texas from another state where they had experience with drunken driving laws, DUI may be very confusing, since this is the designation many states use to describe what Texas labels DWI. While punishment for DUI in the Lone Star State is not as severe as for DWIs, you will still need the guidance and knowledge of an experienced Amarillo DWI lawyer if you want to secure the best resolution when you or your teenager has been accused of a DUI.

When stopped and questioned for suspicion of a DUI, minors are afforded essentially the same rights as adults suspected of DWI. While they can decline to take roadside sobriety tests of breathalyzers, they pay the similar prices for doing so. Minors accused of a first DUI are subject to a 120-day driver’s license suspension for refusing a breathalyzer, and that term extends to 240-days for a refused breathalyzer test on a subsequent DUI arrest. In the event of a first DUI stop, the minor who has been drinking would be wise to relent to a breathalyzer, since a failure will only result in a driver’s license suspension of 60 days. Remember, any amount of alcohol in the driver’s system will lead to a DUI arrest, so the driver can’t hope to sober up enough to pass a blood test after an hour. When a minor has already been convicted of a DUI, this situation changes, for a failed breathalyzer can lead to a driver’s license suspension of one year.

Additionally, the court can take extra measures when a minor has committed DUI and appears to be a drug addict or alcoholic. Such a minor can have his or her driver’s license permanently taken away until turning 21 or could be remanded to mandatory rehabilitation.

When a minor’s BAC rises above .08 percent, he or she can be charged with DWI, and those who test BAC higher than .15 percent can be charged with Extreme DWI. In either of these events, any minor 17-years-old or older will be tried and sentenced as an adult, while those younger could be sent to juvenile detention.

First-time DUI

When a minor is convicted of a DUI for the first time, he or she has committed a Class C Misdemeanor and must be accompanied by his or her parent or legal guardian to court. An initial DUI conviction carries a punishment of attendance in 15 hours of alcohol awareness classes and 20-40 hours of community service. The parents may also be required to attend the alcohol awareness class with the minor in the event they have encouraged the minor’s drunken behavior. On the other hand, a first-time DUI does present a huge advantage over all other drunken driving convictions – the offender is eligible for deferred adjudication and can then completely expunge the conviction from his or her record upon completion of the conditions of deferred adjudication and then turning 21 years old. Effectively, the conviction will cease to exist.

Second-time DUI

When a minor picks up a second DUI conviction, the main difference from the first is that it can no longer be expunged from the record. Although, it’s still a Class A Misdemeanor, and deferred adjudication is still allowed. Moreover, community service hours are extended to 60.

Third-time DUI

When a minor refuse to reform his or her drunken driving and earns a third DUI conviction, the state treats the crime much more seriously – almost as if it’s a DWI. A third DUI is a Class B Misdemeanor, and minors who are over 16-year-old can be sentenced to a maximum prison term of 180 days and fined between $500 and $2,000.

Let’s face facts – if you or your child hadn’t made a poor decision regarding drinking and driving, then you certainly wouldn’t have read this far into this informative article. Don’t make another foolhardy choice and attempt to handle your own case. Instead, make the wise move and secure the assistance of a skilled and experienced Amarillo DWI lawyer.

Some Additional Information about Intoxication Assault and Intoxication Manslaughter

When someone is suspected of being intoxicated after killing or injuring someone else in an auto accident, the police will take and test the driver’s blood without his or her consent. Unfortunately for someone in this predicament, this is one of many advantages enjoyed by the prosecution. In these cases, the jury is also usually judgmental against the accused due to the heinous nature of the crime, and the prosecution enjoys an easy burden of proof, needing only to prove the diver was intoxicated and involved in the accident. When the defendant cannot overcome this mountain of disadvantages, the consequences are as severe as they get for drunken driving crimes – 10-20 years in prison, of which some time is mandatory, and $10,000 in fines.

When you are charged with any drunken driving violation in Potter or Randall Counties, you need the help of a skilled and seasoned Amarillo DWI lawyer. Considering the severe fines and prison time at stake with intoxication assault or intoxication manslaughter, securing anything less than the best attorney you can find borders on insanity.

Public Intoxication in Comparison to DWI

DWI and Public Intoxication (PI) have very little in common beyond the over-consumption of alcohol. In fact, PI laws actually define “intoxication” differently from DWI laws, determining someone to commit PI when he or she has become so intoxicated as to present a danger to him or herself and the general public.

As we’ve already explained, DWI investigations in this state follow a set protocol, but that’s not the case with public intoxication. Police officers make PI arrests based solely on their belief that suspects are so drunk as to endanger themselves and others.

Remember, the state of Texas designs alcohol-abuse laws to punish offenders according to the threat they present to society as a whole. Someone who passes out in the back of a bar obviously creates far less threat than a truck driver who passes out behind the wheel of his tractor trailer. Thus, PI is only a Class C Misdemeanor, carrying only a $500 fine as punishment. Only when the accused feels the charges are unwarranted (like if the person was suffering a reaction to prescription medication) would anyone arrested for PI need a lawyer to fight the charges. In most cases, he or she just needs a check for $500. When arrested for DWI, the defendant requires the advice and legal expertise of an experienced Amarillo DWI attorney.

Grossman Law Offices’ Amarillo DWI Attorneys Know How to Help You

For more than two decades, the attorneys at Grossman Law Offices have been helping Texans fight drunken driving charges. Our experience allows us to instinctively know how to handle any DWI case and devise a strategy to secure the best possible outcome. Each case is unique, and some can be best handled with a plea bargain while others call for trials. In terms of your needs, we also have been trying cases in the Potter and Randall County courts for years and can deal with any procedural demands of the courts. Moreover, we’ve developed a friendly adversarial relationship with the prosecutors in the Amarillo area.

We can help you deal with the drunken driving charges against you no mater what they may be. If you were driving your kids home from a family get together when you were charged with DWI with a minor in the vehicle, or you’re a teen pulled over after drinking one beer, or you injured someone in a drunken driving accident, or you refused to take a BAC test – we can help you all. Whenever our Amarillo DWI lawyers are brought in to handle a case, we devote the full weight of our knowledge, assets and time to helping deliver the best possible outcome. To find out specifically what we can do for you, call us now for a free and confidential consultation at 1-855-427-0000 (toll free). Once we’ve heard your story, we can begin explaining your legal options. You don’t have to go through this trying process alone, so call us now.

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Client Charged withDriving While Intoxicated