Arlington DWI Lawyer

If You’ve Been Accused of a Driving While Intoxicated, then Arlington DWI Lawyer Michael Grossman Can Help

With two major sports stadiums drawing in fans that come from far away sober and often drive home drunk, Arlington's police force diligently seeks out and prosecutes drunken drivers. If you have been arrested under suspicion of driving while intoxicated in Arlington or elsewhere in the mid-cities and you want to see your case resolved as painlessly as possible, then you will need the help of a skilled and seasoned Arlington DWI attorney.

More so, you need an attorney who has spent time in the Arlington courts and is a known entity there, as well as, one who has the time and devotion to give your case the attention it requires. There are literally hundreds of criminal law firms in this city who will take your case, but most of them will just walk you through the trial, hoping for leniency from the judge and an easy paycheck. The Arlington DWI attorneys at Grossman Law Offices approach each case as the unique situation that is, devoting our full attention to securing the best possible result for each and every client.

This is a matter you must take with the utmost seriousness, for if you are found guilty you will have to pay thousands in fines and fees, may spend time in prison, and will lose your driver’s license for a period of time. Only a time-tested Arlington DWI lawyer like those at Grossman Law Offices can give you the best possible chances of securing the resolution you desire in your DWI case. Our team of attorneys have spent the last 20 years tackling all different types DWI cases in Arlington and all over the Metroplex. For a free consultation, call us now at 1-855-427-0000 (toll free). Don’t worry – it’s confidential. Our attorneys are available any time of the day or night, any day of the week to discuss your case. After you have told us your story, we will outline how we would handle your case.

Until you’ve hired an attorney, our firm understands that you need to be better informed in order to make the best decisions about your legal future. Thus, we’re supplying this informational article regarding the basics involved with the legal process for various DWI offenses. Read, learn, and then find an attorney you can trust.

A Different Kind of Criminal

The defendant in a DWI or some other form of alcohol-related crime differs dramatically from the normal target of a state prosecution – these are otherwise respectable citizens who made simple mistakes and not deliberate criminals. Fact: alcohol impairs everyone’s ability to make rational decisions, so theoretically, everyone who drinks could eventually become so intoxicated that he or she makes the mistake of driving in that condition. However, the state still punishes driving while intoxicated like it’s a criminal act, sentencing transgressors to hefty fines and jail time. In order to deliver a verdict of not guilty or at least limit the punishment to probation, you will need the help of a clever Arlington lawyer protecting your rights and future.

How Do Criminal Cases Work?

We can’t begin reviewing DWI law until we first discuss the basics of the criminal justice system. The rights of all citizens of this country are protected by the Constitution, with the Bill of Rights, the first 10 amendments, providing the rights we’ve come to take for granted in the United States. The laws of all counties and cities within the state of Texas must adhere to the rights protected in the Constitution. The evidence gathering techniques of the police must respect these rights, and the state must prove your guilt in order to convict you.

On the other hand, specific laws governing the minor guidelines of society and the punishments for violating those rules are at the discretion of the individual community. Take speed limits for example. The limits are set by the individual city, as are the fines associated with violating those limits. Whether fighting the ticket, paying the fine, or applying for defensive driving, you must address the situation in a court in the city or county where you were given the ticket.

When it comes to more serious crimes, like conspiring to hijack a plane, a federal court with greater authority and no geographical limits takes over.

Making resolution of any legal case challenging, every court comes with its own personality and unique set of procedures and rules. In this way, the courts are not unlike a chain of pizza joints. There might be a franchise near you that you love, but then you’re on the other side of town and stop in for a pie. While it’s the same restaurant chain, the pizza doesn’t taste the same because there is a different person throwing the dough and assembling the pizza. Moreover, the service might not be as friendly, and the restaurant likely won’t feel the same. When it comes to the court system, the same is true. DWI is illegal throughout the state of Texas, but the procedures to resolve the case and punishments will fluctuate from one county to another. Since all of these courts are unique, you need an Arlington DWI attorney who knows the Tarrant County courts and the procedures it employs.

Granted, you have the right to a jury trial, but that may not provide the most amicable resolution to your situation. In many instances, it’s in the interests of both parties to come to a plea bargain, for both the prosecution and defendant have a lot at stake in a criminal trial. If found guilty, you will have to pay thousands of dollars in fines and could end up in jail. The prosecution, on the other hand, could hurt his or her reputation and future employment prospects by accumulating too many losses. In some cases, the evidence might by full-proof, so the prosecution has little incentive to go to court. However, in other cases, the police may have overstepped their bounds when stopping the car, or may have otherwise gathered evidence in such a way that it cannot be used in court. In rare cases, the evidence is simply not enough to warrant a conviction. Even evidence such as a breathalyzer test can be attacked in court. If the evidence is flawed in any way, then the prosecution has almost as much motivation for avoiding a courtroom as the defendant.

How an Attorney Can Help You with Your DWI Case

Seldom are the laws of this country blindly applied across the board. Most crimes have a wide range of possible punishments which take into account the nature of the criminal. If the convicted criminal is considered to be a more dangerous criminal, then he or she will get the maximum sentence. While someone who has a clean record and just made a solitary mistake in a moment of weakness could receive a more lenient sentence or even probation. In other words, given a guilty verdict, the judge has the choice of giving a sentence between X and Y amount of years. At the beginning of the legal process, the state doesn’t know who you are and will be seeking the maximum sentence. They’re no concerned with you only taking a hard stance on drunken driving.

In order to protect yourself from these aggressive prosecutors, you can contact our experienced Arlington DWI lawyers at Grossman Law Offices. The first thing we’re going to want to do is hear your side of the story. We’re trying to gain an understanding of your situation, so you must be honest. Once we’ve heard your version of the facts, we will contrast that with the prosecution’s version of the facts. We’ll have no trouble sitting down to exchange information with the Tarrant County prosecutors, because we’ve been handling DWI cases in this area for 20 years and have become a known entity with most of the district attorney’s office. We will discover the evidence they have and the sentence they intend to pursue. After we’ve accumulated all of the facts, we can begin devising a strategy to deliver the best possible result to your case. When you hire Grossman Law Offices, our Arlington DWI attorneys won’t just give you aggressive and reliable counsel and protect your rights, but we will also make certain you are kept informed of our plans and any changes in your case along the way.

DWI Plea Bargains vs. Jury Trials and Other Options

The reason why your attorney needs to know the whole story before devising a strategy is simple: only a well-informed lawyer can plot the proper course for your legal process. It’s certainly in your best interest to seek a jury trial, if the prosecution’s evidence is weak or the police made some mistake in the way they’ve collected the evidence. In some cases, the district attorney’s office will simply drop the charges if there is insufficient evidence.

Although, don’t get too excited. Such cases are rare, since most police officers religiously adhere to their department’s strict guidelines for gathering evidence in DWI cases and most judges and juries take a fairly hard stance on DWI. Therefore, in most cases, the prosecution will have video footage documenting your interaction with the police officer during the stop, as well as, a failed breathalyzer or blood serum test, or a refusal by you to submit to such testing. If that is the case, the defendant would be wise to work out an acceptable plea bargain rather than risk going to court.

If you do relent to plea bargain, you will be far more likely to convince the prosecution and judge to grant a memo agreement or other type of deferred adjudication agreement. By doing so, you can get the charges dropped after a given amount of time by completing a court-ordered community supervision program.

Remember, you must be truthful with your attorney, giving him or her the best opportunity to secure the most favorable outcome for you.

Blood Alcohol Level in Texas DWI Cases

After receiving a DWI or watching your loved one do so, you are now no doubt familiar with the term blood alcohol concentration (BAC). If you weren’t already, you’re definitely aware now that the legal limit for intoxication when you’re behind the wheel of a car in the state of Texas is .08 percent BAC. In fact, this is the legal limit in every state in the country, because that’s the point at which studies have shown a person’s decision-making and motor skills become impaired. But what does a BAC of .08 percent actually mean? To put it plainly, it means that .08 percent of your blood is alcohol. Currently, there are three ways of measuring BAC:

1. The number of grams of alcohol per 210 liters of breath.
2. The number of grams of alcohol per 100 milliliters of blood.
3. The number of grams of alcohol per 67 milliliters of urine.

In order to accurately calculate your BAC after four or five drinks, you would need a scale, a calculator, prodigious drinking skills, and a mathematician’s abilities. The different ways to measure BAC are based upon formulas that rely upon the characteristics of an average human being. Theoretically, then, if you have a particular body type, you could be ruled legally intoxicated by one means of measurement and not another. While a breath test shows your BAC of .09 percent, a blood test might rule your blood is only .07 percent alcoholic. Moreover, in this state, a person can also be ruled intoxicated if his or her “normal mental and physical” abilities become impaired. Thus, while it’s very hard to prove in court, a police officer can arrest you without ever establishing what your BAC is.

Breathalyzer Inaccuracies

Moreover, time makes the accuracy of BAC tests even more iffy. In order for there to be absolutely concrete evidence that a DWI has occurred, the officer must be able to prove a BAC of .08 percent while the driver was behind the wheel. In many cases, however, the BAC test is not give until 45 to 90 minutes after the officer pulls the suspect over.

While seemingly innocuous, that gap severely affects the validity of the test, meaning that a BAC of .08 percent taken an hour after the driver has gotten out of the car doesn’t prove that he or she was intoxicated while actually driving. In addition to how much he driver had to drink, BAC can be affected by a number of factors: the amount the driver had to eat, the speed at which he or she was drinking, his or her weight, drug consumption, and the different types of alcohol that were consumed. By delaying in testing BAC, the state can skew the evidence both in favor of the defendant or against him or her. When a driver is pulled over, his or her BAC could have actually been .07 percent. Depending upon the conditions, the ensuing hour could see the driver process some of the alcohol through his or her sentence, dropping his or her BAC down to .05 percent and ruling him or her to be technically sober a far as DWI is concerned. Or, just as likely, the driver could have had unprocessed alcohol swishing around in his or her stomach, and the alcohol gets absorbed in the extra hour, causing the BAC to rise to .09 percent, making this person legally intoxicated.

If your BAC test was taken too long after the fact to ensure accuracy, a savvy and experienced Arlington DWI attorney will make sure it is excluded from court just the same as if it had been illegally taken.

Texas DWI Testing Procedures

Unquestionably, blood tests are far more accurate than breathalyzer tests; moreover, a blood test allows the sample to be kept for re-testing later. Unfortunately, blood tests make life extremely trying for both the police officer and the suspect, since they cannot be administered in the field. Since breathalyzers are much more convenient, they’re the go-to BAC test for most law enforcement officers, despite their well-recognized drawbacks as far as accuracy is concerned.

In most cases, Texas law enforcement officers rely upon the Intoxilyzer 5000 as their breathalyzer of choice. By monitoring infrared light absorption, the Intoxilyzer 5000 can detect the presence of alcohol. These machines are old, based on technology that was developed 30 years ago. You know longer play video games on an Atari, but the police are still using that technology to detect alcohol on your breath. Is it a surprise that there are questions with this machine’s efficiency? To begin with, the Intoxilyzer 5000 has been known to confuse other substances in the breath with alcohol.

However, a false positive base upon Binaca is not the biggest problem with the Intoxilyzer 5000. This machine measures BAC based upon the ratio of alcohol in the breath compared to the blood for an average human being: 2100/1 (2,100 parts of alcohol in the breath for every one in the blood). However, any given person can have a breath/blood ratio as low as 1100/1, which could lead to incorrectly high BAC or as high as 3100/1, which could lead to a false low BAC. Furthermore, abnormal weight, height, muscle density, blood composition, lung capacity, or temperature could all lead to less severe alterations in BAC accuracy.

The way the Intoxilyzer 5000 is treated only serves to reaffirm concerns about its accuracy. Only law enforcement officers are authorized to test the machines for accuracy, and the company that makes the breathalyzer refuses to guarantee the precision of its findings.

What’s really mind-boggling about the Intoxilyzer is that it could be much more reliable if law enforcement agencies more effectively utilized its capabilities. Another test called a gas chromatographer can be used on the breath later on, and the Intoxilyzer can store breath samples until this test can be performed. However, the Texas Department of Public Safety does not require these samples to be saved, nor must a gas chromatography test be conducted. Why, you ask? Because doing so would only lead to some BAC tests of .08 percent to be thrown out of court, leading to fewer convictions. The state is more concerned with protecting its conviction statistics than wrongly convicting the innocent.

No matter how strong your feelings about drunken driving, the facts about the Intoxilyzer 5000 are impossible to ignore – it’s findings are questionable at best. Don’t just assume you’re going to be guilty due to a breath test. Call us now for a free consultation at Grossman Law Offices, and discover how our Arlington DWI attorneys can help you fend off a drunken driving charge based upon a questionable BAC test.

Types of DWI Cases

Most jurors have an extremely negative opinion of drunken driving, so innocent verdicts in DWI cases are not won easily, but they are possible to achieve given the right circumstances. Our firm wants to help you understand more about different types of DWI cases, so you can come to a better understanding of whether the accusations against you were legitimate.

Pretty much everyone knows that it’s illegal to drive a car while legally intoxicated in the state of Texas. However, what does the word “intoxicated” actually mean in the eyes of the law. As we have already mentioned, it not only means someone with a BAC of .08 or greater but can also mean someone whose “normal mental and physical” abilities have become impaired as a result of the use of alcohol, drugs, or any combination of controlled substances.

Clearly, this second definition of “intoxication” creates debate in court over what constitutes, “normal.” Normal does not mean what is normal for an average person but refers to what is normal for the specific driver in question. This creates the interesting dilemma of how the police officer can assess this, since he or she has likely never met the driver.

This is why police officers are instructed not to rely upon the second standard and to do what they can to obtain a BAC test. In addition, the punishment for drunken driving gets more severe against more severely intoxicated drivers. The surcharge to retain a driver’s license after a first DWI offense is twice the amount annually for someone who has a BAC of .16 percent ($2,000 each year for three years) than for someone with a BAC of .08 percent ($1,000 each year for three years.

If you or someone you love ha been charged with some form of offense related to drunken driving, our Arlington DWI lawyers at Grossman Law Offices can help you find the best possible resolution whether you had an intoxicated-level BAC or if your BAC was never tested before you were arrested.

Your Rights in a DWI Case

Hopefully, you remembered the most important thing when you were pulled over under suspicion of drunken driving: not to panic. Then, it’s always best to remember that the police officer was just doing his or her job, and you’d be better off being as amicable as possible. Losing your temper will only lead to more problems. If the officer detects anything irregular in your behavior, then you will likely be asked to perform some field sobriety tests. For some reason, you may fear that you could not pass the test while fully sober. Someone with dyslexia will struggle to count backwards even when he or she hasn’t been drinking. Since the definition of intoxicated when it comes to DWI involves what is normal for you, you have every right to refuse to perform a field sobriety test you would not normally be able to pass.

Unfortunately for drunken drivers, making the decision to refuse a roadside sobriety test has immediate consequences. Police offers are instructed to respond to a refusal of a field sobriety test by immediately asking the suspect to take a breathalyzer test. Since there are concerns over the accuracy of breathalyzer tests, you can refuse to submit to the Intoxilyzer 5000. Although, again there are immediate consequences, your driver’s license will be suspended and you will be place under arrest. Despite what most Texans think, driving is a privilege afforded by the state and not a God-given right. After being arrested, you will be taken to the police station where you will have the option of willingly taking a more accurate blood test. In many jurisdictions, the officer will attempt to acquire a warrant to extract your blood for the purpose of testing without your consent.

Additionally, there are other factors to consider before refusing the breathalyzer. At certain times of year when drunken driving is more widespread, the judges in certain jurisdictions, like Tarrant County, authorize their officers to take blood samples without the consent of the victim. Fourth of July, New Year’s Eve, and Christmas are common times for these changes. In most other instances, DWIs typically occur at night, and the judge cannot be reached to write the warrant but not on holiday weekends. This is a particular concern for anyone who has been using controlled substances in addition to alcohol. A blood sample will give indisputable evidence of this drug usage; whereas, a breathalyzer does not.

If you have failed a BAC test or refused to take one, then you seek the counsel of a well-seasoned Arlington DWI attorney like those at Grossman Law Offices. We can help you figure out if there was anything questionable about the way your BAC test was administered.

Texas DWI Penalties

Depending upon the conditions of the arrest and the previous DWI history of the driver, there’s a wide array of possible punishments for DWI charges in Texas, including:

First offenses are categorized as Class B misdemeanors and may include maximum punishments of 180 days in prison, a $2,000 fine, and a driver’s license suspension between 90 days and a year. If the person's BAC (blood alcohol concentration) is at or above .15%, the charge is automatically bumped up to a Class A misdemeanor.

A second DWI conviction becomes a Class A misdemeanor, bringing with it a much severe maximum prison sentence of one year, twice as much of a maximum fine at $4,000, and a driver’s license suspension as long as two years.

If you don’t learn your lesson, then a third DWI becomes very serious, classified as a third degree felony. The third DWI offense comes with an automatic license suspension of two years, a maximum fine of $10,000, and a possible jail sentence of 10 years.

By carrying an open container holding alcohol at the time you receive a DWI, you only make matters worse for yourself. On top of whatever sentence has been assessed by the court for the DWI, an additionally charge of driving with an open container adds another maximum fine of $2,000 and a minimum of six days in jail.

In order to reinstate and maintain your license after it has been suspended or revoked, you will be looking at more fines. To get your license reinstated, you will have to fork over a $1,000 surcharge every year for three years. Like we’ve also already informed you, a BAC of .16 or more doubles that already hefty surcharge. When you are found guilty of a second DWI, you must pay another surcharge to keep your license – this time a $1,500 annual fine for three years. If you make the mistake of getting multiple DWIs in a three-year period, then you will have to pay the surcharges simultaneously to keep your driver’s license – in other words $2,500 during any overlapping years.

If you injure someone else in a car accident while you are intoxicated, then you can be convicted of a 3rd degree felony called intoxication assault. This crime bears penalties of a maximum fine of $10,000 and two to ten years in prison.

Tragically, if you are involved in a car accident while drunk that results in someone’s death, then you will be charged a 2nd degree felony called intoxication manslaughter that carries with it a maximum sentence of 20 years in prison and a maximum fine of $10,000.

While many DWI charges only end up with the defendant receiving probation, despite the possibility of time in prison. However, that’s not the case with intoxication assault or intoxication manslaughter – get convicted for one of these crimes, and you will be going to jail. Intoxication manslaughter with a deadly weapon precludes any possibility of probation. Meanwhile, an intoxication assault conviction has a mandatory sentence of at least 30 days in jail, and a conviction for intoxication manslaughter has sentence requirement of at least 120 days in jail.

Even if you avoid jail by securing a community supervision probation, you’re not in the clear. You must fulfill certain court-mandated conditions for a given amount of time in order to complete your probation. Failure to do so could mean going to prison for your prescribed sentence. Every jurisdiction will charge a $50 supervisory fee every month. Whether or not you will be required to report to a probation officer every month depends upon the jurisdiction and the probation officer. Some allow their charges to report once every other month, some require monthly visits, and some allow non-reporting probation. At the very least, you will have to submit a form on a monthly basis verifying that you are adhering to the conditions of probation, which usually include, not committing any crimes and or drinking alcohol, completing any required community service, paying all court fees and fines, and attending DWI and alcohol education classes. If your arrest involved drugs or you have a history of drug arrests, most counties will also require you to undergo monthly drug and alcohol tests.

A first DWI conviction will not force you to have an interlock device installed in your car. This device forces you to blow an alcohol-free breath sample in order to start the car. On other hand, if you are convicted of intoxication manslaughter, intoxication assault, or multiple DWIs, then the state will likely demand that you have an interlock device on installed on your car. Moreover, you are no legally permitted to drive a car without one of these devices. Not only will your car not start if you fail the interlock test, but your probation officer will also be contacted about the failed test.

In most cases, it’s impossible to expunge a DWI conviction in Texas, so you will carry around the conviction for the rest of your life. In rare cases where a DWI can be expunged, it still will negatively affect your insurance rates and remain on your driver’s license record.

You need to call the Arlington DWI attorneys at Grossman Law Offices right now if you have been charged with any offense involving drunken driving. Since we’ve been dealing with drunken driving cases for two decades, we’ve seen virtually every contingency and can help you understand more about the penalties and fines you could be facing.

2nd & 3rd DWI Charges in Texas

As we’ve already warned, punishments only get more severe with every DWI conviction. The financial burdens can be overwhelming, the prison time and community service hours become unbearable, and alcohol awareness seminars don’t get any more interesting with repeated viewings. Not only that, but you will be reminded of the fateful breathalyzer test you either took or refused every time you blow into the interlock device to start your car. If you already have DWI convictions on your record, you will need the help of a top-notch DWI attorney to suppress the severity of your punishment.

Whether choose our firm or someone else’s you, you need an Arlington DWI attorney who has familiarity handling DWI cases in the Tarrant County Court system if you want to obtain the most favorable outcome imaginable. At Grossman Law Offices, we’ve been dealing with criminal and civil DWI cases in Tarrant County for over 20. We know what works in this court, and when we can poke holes in prosecution’s evidence like the reliability of BAC tests or a police officer’s right to stop a car. If we can get your BAC excluded, then you have a very good chance of beating the charges against you. If the judge won’t allow the evidence to be excluded, then we will at the very least make sure the jury is aware of the faults with BAC testing. If you have been charged with a DWI and it’s not your first rodeo, our Arlington drunken driving lawyers can help.

Underage Drunk Driving Criminal Attorney

If the accused driver is a minor, then the drunken driving laws are completely different. Since no one under the age of 21 is allowed to legally drink, it’s illegal for anyone of that age to drive a car with any alcohol in their system – a crime that is called Driving Under the Influence (DUI) in the state of Texas. While 18-years-old is generally the standard for what constitutes a minor, but when it comes to drinking, then 21 is the magic number.

Of course, minors can refuse to take breathalyzer or blood alcohol tests when one is requested by a police officer, just like adults. However, there is also a price to pay for minors for doing so… just like adults. On a first DUI offense, a minor who refuses a breathalyzer test, will have his or her driver’s licenses revoked for 120 days. Declining a breathalyzer on a second DUI offense for a minor causes an immediate driver’s license revocation of 240 days.

Conversely, if a minor takes a breathalyzer test after being pulled over for suspicion of DUI and it detects any alcohol on his or her breath, then his or her driver’s license will be revoked for at least 60 days. For a second failed DUI conviction, then the minor is subject to a driver’s license suspension of one year. If the court decides a minor is addicted to alcohol, then he or she can lose the right to have a driver’s license entirely.

If drug or alcohol abuse problems seem to have their hold on a minor, then the court can also order rehabilitation as a condition of probation. Moreover, minors can still receive DWIs if they are over the legal limit of intoxication. If they do so, and they are older than 17, or if they receive three DUIs, then they could be forced to serve 180 days in prison.

First-time DUI

For a minor, a first DUI is merely categorized as a Class C misdemeanor, but it is still not an offense to be scoffed at. Not only will you be forced to labor 20 to 40 hours performing community service and attend a tedious alcohol awareness class, but your parents will have to chaperone you to court for every appearance. If you are under the age of 18, your parents may also be required to attend alcohol awareness class with you. About the only positive to a first DUI is that not only are you eligible for deferred adjudication, but you can get the conviction expunged upon turning 21 provided you complete all of the obligations of your probation.

Second-time DUI

When you receive a second DUI conviction, the punishment changes slightly. Community service increases to 60 hours (in addition to any remaining community service hours you might have for the first offense). Additionally, while you can still receive deferred adjudication, it can no longer be expunged from your record.

Third-time DUI

Deferred adjudication will no longer when offered if you are found guilty of a DUI as a minor rises. It’s classified as a Class B misdemeanor, and if you are over 18 years old then it is accompanied by a maximum jail sentence of 180 days, fines between $500 and $2,000.

If you’re reading this article, then your, or more likely your teenager, has done something fairly imprudent already. If you decide to serve as your own counsel, you’ll be adding to the mistake you’ve already made. You need the help of a skilled and experienced Arlington DWI lawyer to protect your rights, so call Grossman Law Offices now.

Texas DWI & Child Endangerment

When it comes to protecting children from drunken drivers, the laws of the Lone Star State hold no punches and severely punish those who choose to drive while intoxicated with children in their cars. The Texas Legislature has created a separate charge called DWI with a minor in the vehicle, which is classified as a form of child endangerment. This is a state felony that comes with a fine of up to $10,000 and as much as of two years in prison. Moreover, if you are single parent, then you could lose custody of your children. Due to the concern of protecting innocent children, you can be arrested for DWI with a minor in the car even if no BAC test is conducted by the arresting officer – there only needs to be a suspicion of intoxication.

If you or a loved one faces a DWI with a minor charge, you need an Arlington DWI attorney protecting your interests. You don’t merely need to avoid the punishment and the critical negative perception of someone who has committed such an offense, but you can’t risk losing your kids. You simply must have someone on your side to refute the false accusations of the law enforcement officer who arrested you or the inaccuracy of the breathalyzer test that condemned you. At Grossman Law Offices, we’ve successfully dealt with DWI with minor in the car cases before, and we know how to convince the court that the child in the car was safe. If you go to court or negotiate a plea agreement with an inexperienced lawyer, then you will likely end up with a much harsher punishment and possibly even an unfair trial.

Texas Intoxication Manslaughter Charges

Both the damages caused and the consequences make intoxication assault and intoxication manslaughter unequivocally the most severe DWI cases. Just like with a DWI with a minor case, you’re not only trying to avoid the punishment but also the social stigma that accompanies a guilty verdict. When a drunken driver kills or injures someone else, both society and the court takes the offense with grave seriousness. In order to satisfy the evidentiary requirements, the prosecution need not prove any malicious intent in order to secure a conviction in an intoxication manslaughter or intoxication assault case. They must merely be able to convince the jury that the driver was drunk at the time of the accident and somebody was injured or killed as a result of the accident.

Along with the fairly loose requirements for a guilty verdict, intoxication manslaughter and intoxication assault punishments are the most severe of all of the DWI violations. Intoxication assault is categorized as a 3rd degree felony, and anyone found guilty can be sentenced between 2 and 10 years in prison and fined as much as $10,000. The maximum prison term for intoxication manslaughter increases to 20 years, but the maximum fine is still $10,000 for this 2nd degree felony.

Considering the severity of the punishment, if you attempt to handle your own case, then you are proving the old saying, “anyone who represents him or herself in court has a fool for a client.” You don’t just need an attorney, but you require the assistance of an experienced and successful Arlington DWI attorney to devise the best legal strategy to provide you with the best possible resolution to your challenging situation. Only someone with extensive experience will know how to navigate the required procedures of the Tarrant County court system, in addition to, DWI cases themselves. For two decades now, the Arlington drunken driving attorneys At Grossman Law Offices have been helping Texans minimize the damage of their DWI situations, so we know what to do for you if you or someone you love is facing an intoxication manslaughter or an intoxication assault charge.

Your Rights When Suspected of a DWI

So long as you are a United States citizen and you haven’t violated the Patriot Act, you are always protected by the Constitution despite whatever crime the state thinks you have committed. Like we told you, you have the right to refuse to perform any test a police officer asks you to take, but for a first DWI, the state has just as much of a right to respond by stripping you of your driver's license for 180 days for declining to take a breath test. Before this law was enacted, suspected drunken drivers would just refuse to take the breath test, and the state would have very weak evidence at trial. The state’s logic is that anyone who refuses a breath test must be hiding something. If you are convicted of a second DWI during any time in the next 10 years after the first, then you will have your license suspended for two years if you refuse another breath test. Moreover, the prosecution can present this refusal as evidence at your DWI trial. Moreover, you should know that your blood can be taken without your consent if the police suspect you of committing intoxication assault or intoxicated.

On the other hand, if you are suspected of a DWI and you agree to take a BAC test only to be found legally intoxicated by the test, then your license is only suspended for 90 days.

You should also remember that whether or not you take a field sobriety test or a breathalyzer test the eye of the video recorder in the officer’s cruiser is always watching, and everything you do or say is being recorded for evidence.

Furthermore, no matter what you’ve seen on Law & Order, you don’t have the right to an attorney while sitting on the side of the road and waiting for the police officer to demand field sobriety test. Until you’re arrest and being interrogated for a criminal offense, you don’t have a right to an attorney. However, you do still have “the right to remain silent” and don’t have to volunteer any information or even answer the officer’s questions. This won’t prevent you from being arrested, but it will limit the evidence the officer is able to collect.

ALR Hearing After a DWI

Refusing a breathalyzer test leads to the driver’s license being confiscated immediately but the arresting officer. However, a temporary provisional license will be issued on the spot that allows the driver to maintain driving privileges for the next 40 days. Having your license confiscated doesn’t necessarily mean it will be suspended, however.

You can challenge the license revocation by requesting an Administrative License Revocation Hearing (or an ALR hearing). Once you are notified by mail of the license suspension by the DPS or the arresting officer, and you are granted 15 days to submit a request for the ALR hearing. If you don’t file a request for an ALR within those 15 days, then you waived your right to a hearing.

Due to the large volume of cases in the court system, the court often cannot fit in your ALR hearing before the 40-day temporary license has run out. In that case, the license extends until the hearing can be held. If you fail to win your ALR hearing, you can file for an appeal within 30 days or again lose the right to have one. Your provisional license is extended for an additional 90 days once you file for an appeal. The suspension lift if you are found not guilty at trial.

If you’ve had your license suspended, the Arlington DWI attorneys at Grossman Law Offices can get back behind the wheel as soon as possible.

Occupational Driver's Licenses

However, if you are convicted of a DWI, your license will be suspended even if you win your ALR hearing. However, most people need their cars to perform the daily functions of their lives – getting to work, caring for their children, or going to school. Since public transportation is so woeful in Texas, the state of Texas takes this into and allows people who have had their driver’s licenses suspended for a DWI to apply for an Occupational Driver’s License (ODL). While enabling you to function, getting and maintaining an ODL is not easy. First, these licenses are expense, and second the driver must keep a log tracking everywhere he or she goes, when he or she went there, what the purpose of the trip was, and how long the trip took. Most jurisdictions will limit the driver’s ability to drive only to certain purpose. Still, this is far better than sweating at a bus stop in August or freezing in January.

A special petition must be filed in order to get an ODL, outlining the crime and the nature of the license you need. Correctly applying for an ODL requires the astute handling of an Arlington DWI attorney whose has been there before. You’re going to need your car to get your life back together, and getting an ODL is one more thing you shouldn’t have to worry about. At Grossman Law Offices, we alleviate any worries you have about how you’re going to get around. We will help you obtain an occupational driver’s license, so you can get back in the driver’s seat of your life. Call us now to find out how we can help.

Differences Between Public Intoxication and DWI

While many people instinctively lump DWI and public intoxication together, the only thing they really have in common is the word “intoxication.” Moreover, the word has different definitions for each crime. You already know the definition for “intoxicated” in terms of a DWI: having a BAC of .08 or higher or not having one’s own “normal physical and mental” abilities while driving. However, public intoxication defines “intoxicated” as when a person has reached such a severe state of inebriation that he or she becomes dangerous to him or herself and any others.

While police officers follow a set procedure for gathering evidence against a DWI offender – videotaping their actions and asking them to take field sobriety and breathalyzer or blood serum tests. For detecting someone guilty of public intoxication, there is no set procedure. Identifying a suspect depends upon the observations and discretion of the arresting officer.

In addition, the court takes it much easier on people convicted of public intoxication because their actions present a far smaller hazard to the general public than DWI offenders. Public intoxication is a Class C misdemeanor punishable by only a maximum fine of $500. While any layman can show up to court and pay fine for a public intoxication, that’s not case with a DWI. You are going to need a wise and trial-tested Arlington DWI attorney if you want to limit the damage of a DWI.

Grossman Law Offices Can Help

At Grossman Law Offices, our Arlington DWI attorneys are dedicated to doing whatever we can to help our clients find the best possible outcome to their drunken driving cases. We can help anyone in any type of DWI case – an grown man who injured several people in a car wreck while drunk, a minor who got caught behind the wheel after drinking his or her first beer, someone who failed a breathalyzer test, someone who declined to take one – we can help anyone.

After 20 years dealing with both criminal and civil DWI cases in Tarrant County and all around the Lone Star State, we have learned the procedures of the courts, mastered the ins and outs of DWI law, and earned the respect of prosecutors and judges. For a free and confidential consultation, call us now at 1-855-427-0000 (toll free). Our attorneys are here to discuss your case any time of the day or night. Once we’ve heard your story about how you or your loved one was arrested for a DWI, we can discuss your options, answer your queries, and tell you how we can help make things better. You’re going to need help to get out of the fix you are in, so call us now.