Dallas DWI Lawyer

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

You are going to need the help of a skilled and seasoned Dallas DWI attorney if you have been accused of driving while intoxicated in Dallas. In order to get the most favorable outcome possible for your case, you absolutely must pick a lawyer that has the familiarity and skill with DWI cases, as well as, the availability to adequately help you with your case.

Any lawyer will be happy to accept a hefty retainer to walk you through court, hoping the judge will be lenient and they can cash some paychecks. That’s not how we do business at Grossman Law Offices. Our Dallas DWI lawyers aggressively approach every case with the intent of doing whatever we can to obtain the best possible outcome.

If you have been arrested under suspicion of driving while intoxicated, then you are in serious trouble and could spend time in prison, lose your driver’s license, or and be forced to pay pricey fines. You need the help of a skilled Dallas DWI criminal defense attorney like those at Grossman Law Offices to deliver the best possible resolution to the difficult situation in which you’ve found yourself.

For more than 20 years, our Dallas DWI attorneys have been winning drunken driving cases in Texas. We are more than happy to discuss your situation and answer your questions any time, so call us for a free and confidential consultation at 1-855-427-0000 (toll free). Our attorneys will listen to the details of your case, and once you’ve brought us into your corner, we will assist you in plotting the best legal course to serve you.

For the time being, an informed defendant has the best chance of securing a favorable outcome, so we want to provide you with this informative article. You can only make the best decisions for your future if you understand more about the criminal DWI proceeding you are about to undertake.

A Different Kind of Criminal

What makes DWI and alcohol-related offenses differ from various criminal acts I is the nature of the criminal offender – people accused of DWI and other alcohol-related acts are usually average, otherwise upstanding members of society who simply drank too much and made errors in judgment. If you didn’t know, alcohol directly impairs a person’s ability to make rational decisions, so it’s conceivable that anyone can make judgmental errors when using the “firewater.” However, the prosecution plans on trying to punish you just like you are deliberate criminal; even though, you may only have engaged in an act of carelessness. If you don’t have a seasoned and knowledgeable Dallas DWI lawyer on your side, then the ramifications on your future can be devastating once you are convicted – from jail time to enormous fines.

How Do Criminal Cases Work?

First, before we dive headfirst into DWI law, our lawyers think it’s a good idea to give you some basic background information about the inner workings of the criminal justice system. No matter what the local statutes deem to be a criminal offense any municipality, county, or state, the Constitution, particularly the first 10 amendments known as the Bill of Rights, affords a baseline level of rights to every citizen of the United States. Due to the our guaranteed Constitutional safeguards, any state, county, municipality, and even the federal government must not only prove your guilt to hold you accountable for a criminal act, must also gather evidence to prove its case without violating your rights.

As far as the nature of the criminal charges goes, that will be based on the rules specific to the jurisdiction. Let us explain in more depth. If you are pulled over for driving 45 mile per hour in a 35 mph zone, that matter is specific to the particular city or municipality in which the speed limit was set. Thus, you will have to address the issue in a court corresponding to the city or county where the offense took place. On the other hand, when we’re talking about a far more serious offense, a higher court with greater authority and no geographical limits within the United States takes over: federal court. For example, the federal government will prosecute someone who is caught making pipe bombs in their basement in federal court. Complicating the fact that different offenses are resolved in different courts, each court has its own distinct “personality” and set of procedural rules. Think of it like this: you like eating at a chain of barbecue restaurants, and you tend to frequent one for lunch while at work and another for dinner with your family. No matter how the restaurant chain tries to ensure continuity from one location to another, there are going to be slight differences in service, cleanliness, and even the taste of the ribs and brisket. When it comes to different courts, the same concept applies. Courts are differentiated by similar subjective qualities, as well as, their different rules, regulations, and procedures. If you don’t have a DWI attorney working for you who is familiar with the court in which your case will be tried, then you are operating at a severe disadvantage since each court and its jury pool is unique.

As guaranteed by the Constitution, everyone who is accused of a crime has a right to have their case heard by a jury of his or her peers. In most cases, though, other means are used to settle the case other than a jury trial. Both sides of a criminal trial have something at stake. Obviously, the accused stands to lose both money and freedom if confined to prison and fined sizable penalties. The prosecution, on the other hand, can damage its reputation and employability if it loses too many cases, and the prosecution must rely upon the effective work of the police who made the arrest. In some cases, the police do an excellent job of gathering evidence, and in others, the evidence may be less than needed to get a conviction. While prosecutors will be eager to take the case to court when they have strong evidence, they will be looking to protect their winning percentage by working out a plea bargain in cases where the evidence is weaker. Since both sides have something to risk in losing, both sides have incentive for working out a plea bargain.

How an Attorney Can Help You with Your DWI Case

The law seldom considers crime a black and white issue, and there are usually different degrees of virtually any crime. Thus, the judge usually has the discretion of applying a sentence from a range of options. In other words, for X offense, you could receive between Y and Z years in prison. In theory, the intention of this leeway is that those criminals who are deemed more dangerous or harmful to society receive the maximum sentence, while someone who has just been determined to be accidentally reckless receives a lighter punishment. In reality, however, prosecutors will be aiming for the maximum sentence no matter what the circumstances, because every time they can secure a conviction with a maximum sentence they improve their reputations and prosecutors.

When you secure the assistance of an experienced Dallas DWI attorney, like those at Grossman Law Offices, there are a number of services we will provide. To begin with, our attorneys will sit down and listen to your side of the facts, so that we can gain a basic understanding of the facts. Then, we will verify the charges against you by contacting the courthouse. After 20 years practicing law in Dallas, we usually have a previously established relationship with the prosecutors such that we can call them up and find out exactly what their intentions are and what evidence they have against you. Once we’re familiar with your side of the story and the prosecution’s case, we can devise a strategy based upon the unique circumstances of your case. Not only will our Dallas DWI lawyers do whatever we can to provide you with equitable and assertive representation if you hire our firm, but we will also make sure you are kept abreast of every step of the legal process.

DWI Plea Bargains vs. Jury Trials and Other Options

In order to best handle your case, your attorney cannot plot out the best course of action until they know the extent of the prosecution’s evidence. In the event the police do not have weak, flawed, or illegally acquired evidence, or even if they lack any evidence at all, then it may be in the best interests of the client to reject plea bargaining in favor of taking the case to a jury trial and seeking a full acquittal. In some cases, the charges may even be dismissed without prejudice.

On the other hand, most police officers know how to gather evidence properly when they pull over someone suspected of having committed a DWI. If the prosecution has obtained video footage documenting your drunkenness, a blood serum sample, a breathalyzer test, a signed confession, or some other form of damning evidence, then the accused would likely be wise to enter into a plea bargain.

In some cases, the prosecution will agree to accept a memo agreement or other form of deferred adjudication in which the judge will essentially delay the charges for a set period of time. So long as the defendant complies with the terms of the agreement, usually some form of community supervision, then the judge will reduce or drop the charges.

Considering these facts, you must be honest and forthright with our attorneys during your consultation and/ or initial phone call. Choosing the right defense strategy is dependent upon the actual facts of the case, and it’s critical to providing you with the most amicable possible resolution of your situation.

Texas DWI Penalties

Depending upon the conditions of the offense and the defendant’s previous DWI status, the punishment for a DWI charge can fluctuate greatly in the state of Texas. Penalties may include:

For a first offense, classified as a Class B misdemeanor, you may be fined as much as $2,000, you may be sentenced to as much as 180 days in prison, and your driver’s license may be suspended from between 90 days to 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, amps up to a Class A misdemeanor, and the maximum fine doubles to $4,000, the possible prison sentence increases to as much as a year, and the license suspension extends to as much as two years.

Considered to be a third degree felony, a third DWI is gravely serious. Your license will automatically be revoked for two years, you will be facing a jail sentence of up to 10 years, and a possible fine as high as $10,000.

Moreover, the possible punishment ratchets upward if the defendant was driving with an open container at the time he or she was charged with the DWI. On top of whatever reprimand from the DWI charges, anyone additionally found guilty of driving with an open container faces a minimum six days in jail and a fine of up to $2,000.

The state of Texas doesn’t stop there either. In order to maintain his or her driver’s license, someone found guilty of a DWI must pay an additional $1,000 surcharge annually for three years. If the defendant’s blood alcohol concentration (BAC) is double the legal limit of .08 percent (.16 percent), then the surcharge doubles to $2,000 annually for three years. When the defendant is found guilty of a second DWI, then he or she must pay another $1,500 annual surcharge for each of the next three years. Again, a BAC of .16 percent or higher causes the surcharge to double each year. What’s even more crippling is that these surcharges accumulate. If you receive two DWIs within a three-year period, then you will be compelled to pay both surcharges simultaneously if you want to maintain the active status of your license.

If someone is injured in an accident with someone who is determined to be intoxicated, then the defendant can be charged with intoxication assault, a 3rd Degree Felony that carries a possible punishment of two to ten years in prison and as high as a $10,000 fine.

If you are legally intoxicated and get into a motor vehicle accident that results in someone else’s death, then you will likely be charged with intoxication manslaughter, a 2nd Degree Felony, with a prison sentence as long as 20 years and a maximum fine of $10,000.

While in some cases, the court will allow leniency and offer probation, an intoxication assault conviction requires at least 30 days in jail, and an intoxication manslaughter conviction mandates at least 120 days in prison. In the event of a conviction for intoxication manslaughter with a deadly weapon, there is absolutely no possibility of probation.

Fulfilling probation obligations requires following whatever conditions are established by the court. In most cases, you will be required to pay a $50 supervisory fee when you report in person every month. However, some jurisdictions allow you to mail in reports every other month and only force you to appear in person in alternating months. There are several typical stipulations of probation – abstaining from drinking alcohol, avoiding committing any crimes during the period of community supervision, attending DWI education classes, paying all court-ordered fines and costs, and performing a given amount of community service hours will always be included among them. In some counties in Texas, you may also be subject to monthly drug and alcohol tests, as well.

For most first DWI offense, the court establishes will not attempt to physically restrict the driver’s use of his or her vehicle. However, an interlock device will be installed on your vehicle for an intoxication assault or manslaughter conviction – even if it’s your first offense – and any subsequent additional DWI offenses. This interlock prohibits you from starting your vehicle without blowing into the device first. If any alcohol is detected on your breath, the vehicle will not start, and the incident will be reported to your probation officer. During the time of your probation, you cannot legally drive any car that has not been outfitted with such a device.

You need to call the Dallas drunken driving lawyer at Grossman Law Offices, if you have been charged with a DWI or any other drunken driving offense, so that you can discover more about the fines and penalties involved. After two decades handling DWI cases, we have the answers for which you’re looking.

Types of DWI Cases

While not commonplace, it’s also not rare for someone who is pulled over and arrested for the crime of Driving While Intoxicated to be found innocent. In order for you to better understand the accusations against you, and their possible validity, we want to explain the different types of DWI charges in more detail.

According to DWI laws in the state of Texas, no one may operate a motor vehicle while legally intoxicated. As you likely already have realized, a person is considered legally intoxicated if his or her blood alcohol concentration (BAC) exceeds .08 percent. However, the definition of the word “intoxicated” includes more than just people who have had too much alcohol to drink. In the eyes of the laws of this state, a person is considered legally intoxicated if he or she loses “normal mental and physical” faculties because of the use of alcohol, drugs, or any combination of controlled substance and still attempts to operate a motor vehicle.

Unfortunately, this definition of “intoxication” is fairly hazy and open to interpretation. This standard does not compare the driver to what would be “normal” for every person, an average Joe, so to speak – only what would be considered normal for that specific driver.

However, as we mentioned earlier, the punishment worsens as the driver’s level of intoxication increases. The surcharge to maintain a driver’s license is $1,000 every year for three years for a first-time DWI, but that surcharge rises to $2,000 annually for three years if the driver’s BAC was .16 percent or greater.

Regardless of your BAC, if you have been charged with any offense involving drunken driving in Texas, the Dallas DWI lawyers at Grossman Law Offices can help you get the best result possible.

Blood Alcohol Level in Texas DWI Cases

As we’ve discussed, you have probably heard the term BAC (blood alcohol concentration) mentioned in connection with DWI – and likely know that the measurable state standard of intoxication is a BAC of .08 percent. This means that a person with a BAC of .08 percent has an infiltration of .08 percent alcohol running through his or her bloodstream, and this is the measurable level at which a person’s decision-making becomes impaired by alcohol. To measure BAC, there are three accepted methods:

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.

Short of Walter White armed with a calculator very few people have the mathematical acumen to accurately calculate their BAC as they drink. Moreover, the entirety of the scientific principles surrounding the measurement of BAC is based upon averages – how an average human being’s body should respond to the inclusion of alcohol. In other words, the way you process alcohol through your system could leave you legally intoxicated by one means of measurement but not another. Muddling this issue even further is the possibility that the vague definition of intoxication could permit a police officer to claim someone is intoxicated even when his or her BAC is below .08 percent.

Breathalyzer Inaccuracies

It’s said that time heals all wounds, but time definitely calls the accuracy of BAC tests into question. By the letter of the law, the driver must have a BAC of .08 percent while he or she was behind the wheel for there to be definitive evidence of a DWI. Unfortunately, most BAC tests are not administered until 45 to 90 minutes after the driver was pulled over under suspicion of a DWI.

If the BAC test wasn’t taken until 70 minutes after the arrest, then there is simply no way to accurately determine exactly how intoxicated the driver was at the time he or she was pulled over. Since several factors affect absorption of alcohol – the weight of the driver, how much he or she had to drink and eat, the type of alcohol, and how quickly each drink was consumed. Retroactively determining whether or not a driver was over .08 while he or she was driving is impossible, and an attempt to do so can work for or against the driver’s chances of being arrested. A person can be pulled over with a BAC of .05 percent only to absorb more alcohol into his or her system over the course of the next hour and then blow .08 percent on a breathalyzer when the test is finally administered in the police station. On the contrary, you could also be stopped by a police officer while well over the legal limit, only to process enough of the alcohol to have sunk your BAC down to .07 percent by the time your blood alcohol is tested.

If your BAC was unfairly or inaccurately tested, then an experienced Dallas DWI lawyer will make sure it cannot be used against you in court.

2nd & 3rd DWI Charges in Texas

As we’ve mentioned, with each subsequent DWI conviction, the consequences become more severe, including with prison time and monetary penalties increasing greatly, and the alcohol awareness seminars, community service hours, piling up. All the while, you will be forced to go through the embarrassing and hard-to-explain process of blowing into an interlock device to start your car. If you already have a DWI conviction on your record, then you need to minimize the severity of your punishment by finding the assistance of a time-tested Dallas DWI attorney to help you navigate the hazardous legal process.

Classified as a Class A misdemeanor, a second DWI conviction comes with a maximum punishment of a year in prison, a $4,000 fine, and a two-year driver’s license suspension. Not to mention, the additional surcharges to maintain the driver’s license once it is reinstated.

Even graver, a third DWI constitutes 3rd-degree felony, punishable with a prison term of up to 10 years, a fine as high as $10,000, and revocation of your license for two years.

Whether you call us or someone else, the only way to avoid these punishments, is to hire a Dallas DWI attorney who has extensive experience handling other cases. We’ve been handling DWI cases for 20 years at Grossman Law Offices, so our attorneys know how to discredit the officer’s motivation for stopping you and the method used to determine your blood-alcohol level. We know that if we can get the BAC test excluded, the state’s case usually crumbles. If we can’t get the BAC test removed from consideration outright, our attorneys will make sure both the judge and jury are aware of the inaccuracies possible in such testing. If you are facing any kind of drunken driving charge in Texas, and you hire the Dallas DWI attorneys at Grossman Law Offices, we will do whatever is in our power to make sure you receive a fair trial.

Texas DWI & Child Endangerment

In the state of Texas, DWI laws take action to protect minors from the actions of drunken drivers by differentiating between a standard Driving While Intoxicated charge and a DWI with a minor in the vehicle charge. Considering a form of child endangerment, DWI with a minor is treated with a much harsher punishment. It’s classified as a state felony punishable with up to two years in prison and fines of up to $10,000. If an officer stops you while driving with a minor in the car and determines that you are intoxicated, then you can be charged with DWI with a minor without the administration of a BAC test.

If you or a family member is up against a DWI with a minor charge, you must have a clever and experienced Dallas DWI attorney working for you because the punishment is so severe and fighting these charges so challenging. You must have someone on your side with the skills to discredit both the notoriously inaccurate breathalyzer tests and the false accusation of the arresting officer. Our attorneys can help prove the child in your car was safe if you or someone you love has been charged with DWI with a minor. You simply won’t get a fair trial and are likely to be more stiffly punished if you don’t seek out the skills of a dependable Dallas drunken driving attorney.

Minors Under 21 DWI & DUI

If you or a member of your family is a minor who has been accused of driving while intoxicated, then the laws change completely. Minors who have any alcohol at all in their systems when driving a car may be charged with Driving Under the Influence (DUI). When it comes to laws governing alcohol consumption, the term minor means anyone under the age of 21 and not 18 as is the case with most other laws.

When asked to take a breathalyzer or blood alcohol test by a police officer, minors, just like adults, can refuse to comply, but also like their elders, there are penalties for choosing to go that route. Any minor declining to take a breathalyzer may have his or her driver’s license revoked for 120 days for a first offense. If the offender has been arrested for another drug or alcohol-related offense in the past five years, then his or her driver’s license could be revoked for 240 days.

If you are a minor, you agree to the breathalyzer test, and it detects any amount of alcohol on your breath, then your driver’s license will be revoked for no less than 60 days. If you are found guilty of any other alcohol-related driving offense, then you lose your license for one year. In cases of reckless repeat offenders, minors make be ruled ineligible to get or keep a driver’s license, if they are determined by the court to be addicted to alcohol.

On top of a license suspension, minors who are convicted of a first-time DUI can expect to be sentenced to community service and may also have to attend rehabilitation depending upon the circumstances of the case. If a minor is over 17 years of age and receives a third DUI or a first DWI, then he or she may be to 180 days in jail.

First-time DUI

A first offense DUI for a minor is no joking matter; even though, it’s classified as a Class C misdemeanor. If you are under the age of 18, your parents will have to accompany you to court for every appearance. If you are convicted, you will receive a sentence of 20 to 40 hours of community service and have 90 days in which to attend an alcohol awareness class. If you are younger than 18, then the court may additionally require your parents to attend the alcohol awareness class. The lone good news for minors convicted of first-time DUIs is that they are eligible for deferred adjudication. If they successfully complete the probation program, then the conviction can be expunged from the minor’s record on his or her 21st birthday.

Second-time DUI

For anyone convicted of a second DUI offense, the punishment remains almost the same; albeit, with two minor exceptions: the community service requirement inflates to 60 hours, and there is no means by which a second DUI conviction may be expunged from the minor's record. However, deferred adjudication is still a possibility.

Third-time DUI

When a minor has been found guilty of a third DUI conviction, the charge is upgraded to a Class B misdemeanor, deferred adjudication is no longer offered, and the consequences are far harsher. If you are over 18 and are convicted of a third DUI, then can receive a jail sentence of up to 180 days and be fined between $500 and $2,000.

It’s foolish to attempt to handle your own DUI case. You’ve already made at least one bad decision by getting behind the wheel after drinking alcohol, so don’t make the situation worse. Contact the Dallas drunken driving lawyers at Grossman Law Offices and get the help of an experienced attorney who you can trust.

Texas Intoxication Manslaughter Charges

Intoxication assault and intoxication manslaughter are the two most serious charges associated with drunken driving. You simply must have help from a seasoned and savvy Dallas DWI lawyer if you have been accused of intoxication assault or intoxication manslaughter. When someone is injured or killed in a drunken driving accident other than the drunken driver, the court comes down very hard on the transgressor with charges of intoxication assault or manslaughter. To secure a conviction for either of these charges, the prosecution doesn’t need to prove malicious intent on the part of the driver– only that he or she was legally drunk at the time of the wreck, and the accident led to an injury or death.

Not only do the laws involved with intoxication manslaughter and assault stack the deck against the intoxicated driver, but the consequences and penalties are also far more severe to punish someone who has done harm to an innocent bystander. Intoxication assault is a 3rd degree felony with punishment including from two to ten years in prison and a maximum $10,000 fine. Intoxication manslaughter, on the other hand, is a 2nd degree felony with punishment rising to a maximum of twenty years in prison and a $10,000 fine.

You can’t afford to try to handle your own case with so much at stake. You need the help of an experienced Dallas DWI lawyer to minimize the damage by examine your sticky situation and determining the best legal strategy. Only someone with significant familiarity with DWI cases and the municipality in which the arrest occurred will be able to execute the proper strategy to your satisfaction. With over two decades under our belts, the Dallas drunken driving lawyers at Grossman Law Offices know how to ensure you receive a fair trial. If you are being charged with intoxication manslaughter or intoxication assault, contact us now.

Your Rights in a DWI Case

When you are stopped by a policeman who suspects you of driving while intoxicated, you have rights, so don’t lose your cool. The first thing to remember is: getting mad will get you nothing but trouble. Whatever you do: be polite. – remember the police officer is just doing his or her job. If the officer suspects you of drinking and driving, he or she will ask you to perform field sobriety tests. In some cases, the driver may have reason to believe that he or she won’t be able to complete the tests successfully, even when he or she has had nothing alcoholic to drink. For example, a dyslexic driver will likely not be able to repeat the alphabet backwards even when 100 percent sober. Remember, the definition of intoxication in Texas states a person is intoxicated when his or her “normal mental and physical” acuity becomes impaired. Thus, you have the right refuse to perform a test that you would not have been able to perform under normal circumstances.

On the other side of the coin, you must be aware that there is a price to pay for choosing this route. Granted, it’s true that you cannot be compelled to take any field sobriety tests, but you also don’t have the right to attorney consultation until you’ve been arrested. If you refuse a field sobriety test, then the office is likely to ask you take a breathalyzer test. Driving is a privilege and not an inherent right. Just as is the case with a field sobriety test, the driver can refuse to take the breathalyzer – after all, those tests are renowned for being inaccurate. In Texas refusing to submit to a breathalyzer warrants a suspension of your driver’s license. To put it another way, you have the right to refuse a breathalyzer, but there’s a stiff price to pay for doing so. Moreover, the police will arrest anyone who refuses a breathalyzer test. When you arrive at the police station, you then have the option of taking a more accurate blood test.

When deciding to refuse a breathalyzer test, there are two other facts you need to consider – the municipality and the time of year. On certain holiday weekends when drunken driving is more commonplace, like New Year’s Eve and Fourth of July, many judges in many Texas counties authorize police to test a suspected drunk driver’s blood against that person’s will. A judge will issue a warrant to extract anyone’s blood without his or her consent. In the middle of the night, these warrants are usually hard to obtain for law enforcement officers, but the judge will work the night shift on holiday weekends specifically for this purpose.

If a blood or breathalyzer test has led to your arrest, then you need to consult with an experienced Dallas DWI attorney like those at Grossman Law Offices to determine whether or not that evidence has been ethically and legally and obtained.

Differences Between Public Intoxication and DWI

While lumped together in many people’s minds, DWI and public intoxication (P.I.) aren’t just different charges, but the definition of the term “intoxicated” changes from a DWI to P.I. “Intoxicated” in terms of Driving While Intoxicated is defined as losing normal use of physical and mental faculties or having a blood alcohol concentration of .08 or higher while driving. Conversely, “intoxication” when referenced in public intoxication laws in Texas is defined as when a person has become so drunk that he or she presents a danger to him or herself and others.

From the moment they begin following a suspect to the moment he or she is delivered to the station, police officers usually videotape DWI suspects utilizing the video equipment outfitted in most modern police cruisers. When suspected of a DWI, a suspect will be asked to submit to some form of BAC testing. When it comes to someone suspected of public intoxication, there is no set procedure and no mandatory BAC test. Instead, dangerous intoxicated behavior must merely be observed by a police officer.

Since far less physical harm to others is involved, public intoxication is treated far more leniently than DWI. P.I. is classified as a Class C misdemeanor with no prison time and only a minor maximum fine of $500. While you can deal with resolving a public intoxication charge without the assistance of an attorney, you desperately need the assistance of an experienced Dallas drunken driving attorney if you’ve been accused of DWI.

Texas DWI Testing Procedures

Unfortunately, a blood test is not very conveniently administered in the field; even though, it’s far more accurate than a breathalyzer and retains the sample for re-testing later. Blood tests are convenient neither for the officer or the suspect. Breathalyzers, while not as accurate, are much more convenient, causing most police officers to administer these tests.

In order to handle this task, law enforcement agencies in Texas, turn to the Intoxilyzer 5000. Based upon 30-year-old computer technology, this machine detects alcohol on the breath by tracking infrared light absorption. Numerous glitches can muddle the results of the Intoxilyzer – no surprise technology that has been around for three decades. When was the last time you saw a Commodore 64? The first problem with the Intoxilyzer 5000 is that it often mistakes other substances commonly found in breath for alcohol. However, those instances are rare.

Much more hazardous to everyone is the way the Intoxilyzer was designed to detect alcohol – all of its principles are based upon a perfectly average human. The machine is calibrated to defect the amount of alcohol in the blood based upon the breath by relying on the breath/blood ratio of 2100/1 (2,100 parts of alcohol in the breath for every one in the blood) that is the norm for an average human. However, a human being can have a breath/blood ratio as low as 1100/1, making accurate BAC assessment of this person impossible for the Intoxilyzer 5000. On top of this problem, any other irregularity from the norm in weight, height, lung capacity, muscle density, temperature or blood composition could throw off the machine’s accuracy in blood alcohol concentration measurement.

Furthermore, the manufacture of the Intoxilyzer refuses to guarantee its accuracy, and nobody but law enforcement officers are permitted to test its accuracy. Thus, it’s extremely difficult to take this machine’s accuracy for granted.

What makes this situation border on the absurd is that the Intoxilyzer has the ability to store breath samples, allowing for more accurate testing called a gas chromatographer to be conducted later. However, the Texas Department of Public Safety doesn’t require these tests to be performed and doesn’t mandate law enforcement officers to utilize the gas storing feature. Why would law enforcement agencies keep samples that could potentially lead to acquittals later on? They’d much rather punish the innocent and present the impression of being hard on drunken driving.

In the end, no matter what you think about drunken driving, you must admit breathalyzer tests are highly fallible. You want your fate resting on much stronger evidence than a breath test. To fight a DWI charge based upon a suspect BAC test, you will need a Dallas drunk driving lawyer on your side. Contact Grossman Law Offices now to protect yourself.

Your Rights When Suspected of a DWI

In the United States, you’re guaranteed certain rights no matter what crime you have been accused of committing. You have every right to refuse either a blood or breath test if you are pulled over under suspicion of driving while intoxicated. Although, it’s not necessarily a good idea to refuse a blood test just because you have the ability to do so. Your driver's license can be suspended for 180 days for refusing a breath test during a first-time DWI, since refusing implies you knew you were intoxicated and thought you wouldn’t pass. Refusing to take a breathalyzer test during any subsequent DWI arrests within the first 10 years following a first DWI conviction, and your driver’s license will be suspended for two years. Moreover, refusing to take the breathalyzer will be included into evidence in your DWI trial. When you are accused of intoxicated assault or intoxicated manslaughter, your blood can be taken for testing without your consent.

On the contrary, if you have no prior DWI convictions for the past 10 years and fail a blood or breath test after willingly agreeing to take one, then your license will only be suspended for 90 days.

When it comes to field sobriety tests or answering the officer’s questions, you can refuse to do so without penalty. No matter what you do, however, your actions will be videotaped by the video camera in the officer’s cruiser.

Despite what you’ve heard every time some cop on television reads the Miranda rights, you do not have the right to consult with an attorney while being questioned during a traffic stop or immediately after your arrest. You are only guaranteed “the right to an attorney” by the Constitution when being questioned regarding alleged criminal activity – not during a non-interrogatory interview. However, you still have “the right to remain silent” and don’t have to answer the questions you have been asked.

ALR Hearing After a DWI

Once you refuse a blood or breath test or fail one of them, the officer will confiscate your license immediately. On the spot, you will be issued a temporary provisional license which will be effective for the next for 40 days. Even then, you may still be able to retain your driver’s license.

Following the suspension of your license, you may submit a request for an Administrative License Revocation Hearing (or an ALR hearing) for the purposes of arguing that for the reinstatement of your license. You will receive notification by mail of your license suspension from either the Department of Public Safety or the officer who arrested you. After this notification has been received, you have fifteen days to file a request for an ALR hearing. After that period, you legally waive the right to such an ALR hearing.

Due to the volume of cases in our courts, it’s often the case that an ALR hearing cannot be schedules until after your 40-day provisional license has expired. In that event, the state of Texas extends the provisional license until the hearing is held. If you fail to win your ALR hearing, you may appeal within 30 days or again you lose this right. One an appeal has been filed, the provisional license extends again for another 90 days. If you win the ALR hearing or the appeal, then the suspension on your driver’s license is alleviated immediately. If you are eventually found “not guilty” at your DWI trial, then the suspension on your license will be lifted.

If you want to get back behind the wheel after your driver’s license has been revoked following a DWI arrest, then you will need an experienced Dallas DWI attorney like those at Grossman Law Offices fighting to put you back in the driver’s seat.

Occupational Driver's Licenses

Even if you consent to a breath test, you are likely to have your driver’s license suspended due to a DWI conviction. However, the state understands that most people in Texas need to drive to maintain their live because public transportation is woeful and often nonexistent. Everyone needs to have the ability to drive where it is essential to care for children or travel back and forth to school or work. Thus, you can apply for an Occupational Driver’s License when your driver’s license is suspended for a DWI. Unfortunately, such licenses are not cheap to acquire and come with stringent requirements and limitations. In order to maintain an ODL, every time you drive somewhere you must keep a driving log that tracks of where you go, when you go there, and how long it took you. If you absolutely must keep on driving, then these are small prices to pay.

Unfortunately, obtaining an Occupational Driver’s License is a complicated process, and would best be left to a knowledgeable and experienced Dallas drunken driving lawyer. A special petition specific to the crime and type of occupational license must be properly written up and filed with a judge. You have enough problems already, and figuring out how you are going to get the kids to school and yourself to work shouldn’t be one of them. At Grossman Law Offices, we can put the steering wheel back in your hands and help you get back in control of your life with an occupational driver’s license. Contact us now to find out how we can help you get an ODL if you have lost your driver’s license through a criminal conviction.

Grossman Law Offices Can Help

The Dallas DWI lawyers at Grossman Law Offices know how to help you no matter what the specifics of your drunken driving arrest – whether you had a BAC of .08 percent of .28 percent, whether you severely injured the other driver or were administered a suspect field sobriety test, or whether you refused a breathalyzer test or willingly agreed to take it.

For the past two decades, we’ve dealt with both criminal and civil DWI cases, so we know what to expect despite whatever complications arise. To confidentially discuss your case with a Dallas drunken driving lawyer, call us now for a free consultation at 1-855-427-0000 (toll free). We’re available any time day or night to listen to your story. Once we have familiarized ourselves with your situation, we can explain what legal venues you have available, answer any questions you may have, and explain how we can help you deal with this challenging predicament. Don’t try to go through this alone – you can’t afford it.