Texas DWI Lawyer

Texas Criminal Defense Attorney Michael Grossman and his Associates at Grossman Law Offices Can Help You Following a Texas DWI or DUI Arrest

If you have been accused of driving while intoxicated in Texas, it is vital you have the help of an experienced Texas DWI attorney. More specifically, it is imperative that you select an attorney that has the experience, knowledge, and availability to adequately assist you with your case.

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While there are many firms out there that are content to be little more than high-paid courtroom escorts, the attorneys of most other law firms are only looking to get paid and hoping the judge will be merciful, Grossman Law Offices approach every DWI case aggressively and with the goal of obtaining the best possible outcome. After we have heard the intimate details of your case, our attorneys can help you develop the appropriate legal strategy to best serve you.

If you have been with a DWI and are facing the prospect of losing your driver’s license, serving time in prison, or paying exorbitant fines, then you need the help of a skilled Texas DWI criminal defense attorney like those at Grossman Law Offices.

Our DWI attorneys have been drunken driving cases in Texas for 20 years. We are here to answer your questions and discuss your case any time, so call us for a free consultation at 1-855-427-0000 (toll free) to get Grossman Law Offices on your side.

In the meantime, we want to help you understand more about the issues involved with a criminal DWI proceeding, so you can better comprehend the situation in which you find yourself and make the best decisions for your legal future.

Not Your Typical Criminal

DWI and alcohol related offenses are different than other criminal acts in that a significant majority of the accused are not "typical" criminal offenders; rather, they are average, otherwise law-abiding citizens that simply made an error in judgment. Such an error is easy to make due to the fact that alcohol is a substance which negatively impacts your decision making abilities when you are under its influence. In short, drunken driving is often more so an act of carelessness than a deliberate criminal act, but the prosecution has every intention of punishing you as harshly as the law allows. Once you have been convicted of such a crime, the ramifications can have a profound impact on your future and may result in considerable fines unless you get the help that you need from an experience Texas DWI attorney.

How Do Criminal Cases Work?

Before we delve into the specifics of DWI law, it is important to understand how the criminal justice system works as a whole. While every state, county, or municipality has some discretion with regard to what they can deem as a criminal offense, every citizen of the United States has a baseline level of rights afforded by the constitution and it's relevant amendments (namely the first 10 amendments which are known as the bill of rights) . Because of this constitutional protection, any sovereign entity that wishes to hold you accountable for a criminal act must not only prove that you guilty, but they must gather the evidence necessary to prove your guilt in such a manner that is not itself a violation of your rights.

Additionally, every type of criminal charge will be based on the rules specific to one jurisdiction or another. For instance, if you are caught speeding, that is a matter that is specific to a particular city or municipality so you will address it in a court that corresponds with that particular geographic area. However, more severe charges are brought by courts with higher authority irrespective of the geographic area in which the offense occurred. For instance, if someone is caught making pipe bombs in their basement the federal government will be the entity that pursues the prosecution which means that the case will be heard in a federal court. It is important to note that every court has their own set of procedural rules as well as their own "personality," if you will. Think of it like this: there may be two Starbucks coffee shops in your neighborhood, and despite the best efforts of the Starbucks Corporation to make them all the same, one store may be slightly nicer, have better service, or just have a friendlier staff. The same concept applies to courts. Courts are differentiated by their varying rules AND by the more subjective qualities as in the Starbucks analogy. Since each court is different, and since the jury pool in each jurisdiction is unique, it pays to have an attorney who is has practiced law in the court in which your case will be heard.

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Everyone who is accused has a right to a jury trial. However, most cases are resolved in other ways. The prosecution has the goal of maintaining some "batting average" (so to speak) but they can only work with what they are given. Sometimes the police will do a great job gathering the evidence necessary to prove someone is guilty and sometimes they will not. Prosecutors want to conduct a jury trial on the cases where the police did a great job of evidence gathering, however, they are not keen to risk a loss on cases where the police did not do such a great job gathering evidence. There is risk for both sides in any jury trial; the prosecution can lose which is damaging for their reputation and employability and the accused can lose which will result in fines, imprisonment, or both.

How an Attorney Can Help You with Your DWI Case

The main thing that you must understand is that there are varying degrees of virtually any crime. Because of this, most crimes will have a range of sentences (for example: you may face 1-10 years in jail on X offense). The idea is that the worst of the worst get the maximum sentence for that particular offense and those who are deemed less harmful to the general well-being of the public are sentenced on the lighter end of the spectrum. Make no mistake about it, the prosecutor wants to "swing for the fences" and get the maximum sentence for almost all offenders in almost every case.

An experienced Texas DWI attorney, like the attorneys of Grossman Law Offices, helps you in a couple of different ways. First, our attorneys will discuss your case with you and gain a detailed understanding of your situation. Next, we will typically contact the courthouse and verify the specific nature of the charges. Additionally, we usually know the prosecuting attorneys and can often get them on the phone whereby they will give our attorneys a rundown of their intentions and, most importantly, they will tell our attorneys what evidence they have against you. Once our attorneys have this information, they will be able to determine the most effective defense strategy for your unique circumstances. Upon hiring our firm, our attorneys will guide you through every step of the process and will work diligently to provide you with fair and aggressive representation in order to secure the best possible result.

DWI Plea Bargains vs. Jury Trials and Other Options

Only once your attorneys know what type of evidence the prosecution has against you can they determine the most appropriate defense strategy. For example, if a person is accused of a DWI and the police do not have any physical evidence, or if the physical evidence they do have is flawed or was acquired illegally, then it may be in the best interests of the client to take the case to a jury trial and seek a full acquittal. It may also be beneficial to seek to have the charges dismissed without prejudice.

However, in a scenario where the prosecution has a blood serum sample, video footage, a signed confession, etc. that establishes the guilt of the accused, it may be in the client's best interest to enter into a plea bargain.

In some cases, the defendant can enter into a memo agreement or other form of deferred adjudication, whereby the judge will essentially put the charges on hold for some set amount of time, and provided that the defendant complies with the terms of the agreement, the judge will reduce or drop the charges.

These and other options should be discussed with our attorneys during your consultation and/ or initial phone call. Choosing the wrong defense strategy can have a negative effect on your case.

Texas DWI Penalties

In the state of Texas, the penalties for a DWI charge fluctuate depending on the conditions of the incident and whether or not the person has had a previous DWI. Typically, penalties for DWI charges include:

A fine of up to $2,000, jail time of up to 180 days in prison, and a driver’s license suspension from between 90 days to a year for a first-time offense. This is a Class B misdemeanor. If the person's BAC (blood alcohol concentration) is at or above .15%, the charge is automatically bumped up to a Class A misdemeanor.

The maximum fine for a second DWI is $4,000 with jail time rising as high as a year, and the license suspension extending to two years. This is a Class A misdemeanor.

A third DWI is very serious matter, as it is considered a third degree felony, with a fine as high as $10,000, jail time of up to ten years, and revocation of your license for two years.

In addition to the punishments listed above, if you were driving with an open container at the time you were charged with the DWI, in addition to the punishments listed above, you face a minimum six days in jail and a fine of up to $2,000.

For a first time DWI, the driver also must pay an annual $1,000 surcharge to maintain his or her driver’s license for three years. However, if the person’s blood alcohol concentration (BAC) is greater than .16 percent, then the surcharge doubles. A second DWI then results in a $1,500 surcharge for three years, with the surcharge again doubling for extreme intoxication of .16 percent or more. Furthermore, these surcharges accumulate. Thus, anyone receiving more than one DWI in a three-year period could be forced to pay both surcharges simultaneously.

If you cause an accident resulting in bodily harm to another individual while you are intoxicated, you can be charged with intoxication assault and may be facing anywhere from two to ten years in prison and up to $10,000 fine for that 3rd Degree Felony.

If someone dies in an accident in which you were involved while legally intoxicated, you will likely be charged with intoxication manslaughter. This 2nd Degree Felony faces a potential prison sentence of up to twenty years in prison and a maximum fine of $10,000.

While probation is possible for some of these charges, you must spend at least 30 days in jail if you are convicted of intoxication assault. Anyone convicted of intoxication manslaughter will be confined in prison for at least 120 days. When you are found guilty of intoxication manslaughter with a deadly weapon, then you are not eligible for probation at all.

To fulfill you probation obligations, you must meet certain conditions. You must report once a month to a probation officer, paying a $50.00 supervisory fee every time. You must abstain from drinking alcohol and must not commit any crimes during the term of your probation. Depending upon the county in which you are arrested, you may be subject to monthly drug tests, as well. You will also likely be compelled to attend DWI education classes and perform a number of hours of community service. Additionally, you must pay your non-probated court costs and fines and complete whatever other specific conditions the court establishes.

For a first DWI offense, the court establishes your bond conditions at its own discretion. However, a first offense involving intoxication assault or manslaughter, and subsequent additional DWI offenses will result in the installation of an interlock device on your vehicle that will not allow you start your vehicle if alcohol is detected on your breath. You are legally prohibited from driving any car that does not have such a device.

Under extremely rare conditions, a DWI conviction may be expunged, but in most cases, your DWI charge will remain on your record forever. Even if the charge is expunged, all records relating to your driver's license will remain intact. For many years to come, you will likely be paying inflated insurance charges.

If you have been charged with a DWI, you can find out more about the fines and penalties by calling the experienced Texas drunken driving attorneys at Grossman Law Offices. For 20 years, we’ve been handling DWI cases, so we know how to answer all of your questions.

Types of DWI Cases

Not everyone who is pulled over and arrested for the crime of Driving While Intoxicated is actually guilty as charged. Let us explain the different types of DWI charges, so you can better comprehend the accusation against you.

In the state of Texas, DWI law mandates that a person may not operate a motor vehicle while legally intoxicated, but the definition of the word “intoxicated” is not restricted solely to someone who has consumed too much alcohol. As most people know, a person is considered legally intoxicated if his or her blood alcohol concentration (BAC) exceeds .08 percent. However, a person is also considered intoxicated in the eyes of the law if he or she uses alcohol, drugs, or any combination of controlled substance and loses “normal mental and physical” faculties before attempting to operate a motor vehicle.

For the purposes of DWI law, the term “normal” refers only to what the driver would normally be capable of doing and not to what an average person should be able to do.

However, punishment is slightly more severe for severely intoxicated drivers. Normally, anyone convicted of a DWI must pay a fine of $1,000 for three years to maintain his or her driver’s license. However, if your BAC was greater than .16 percent, then that surcharge increases to $2,000 per year.

No matter what your BAC, if you have been charged with a DWI or DUI in Texas, the Texas DWI Attorneys at Grossman Law Offices can help you with your case.

Blood Alcohol Level in Texas DWI Cases

When the subject of DWI cases comes up, you may hear BAC (blood alcohol concentration) mentioned – particularly a BAC of .08 percent. BAC .08 stands for a blood alcohol concentration of .08 or greater – the legal limit of intoxication as far as operating a motor vehicle is concerned. There are three ways of measuring BAC:

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

If you’re not Stephen Hawking, then you will need a calculator and fairly strong math skills to figure out your BAC as you drink. Moreover, measuring BAC isn’t a perfect science and is based upon the standard for an average human being. Thus, by one means of measurement, a driver may be considered intoxicated, but by another means of measurement he or she might still be legally sober. Additionally, the broad definition of DWI leaves open the possibility that a person might still be considered to be intoxicated; even though, his or her BAC was below .08 percent.

Breathalyzer Inaccuracies

One of the reasons why BAC tests can be misleading is time. In order for a BAC to be evidence of a DWI, it must be .08 percent or higher while the driver is behind the wheel. However, in most cases, the blood alcohol isn’t administered until after an hour after the alleged offense has taken place.

Logically, it’s impossible to ascertain exactly how intoxicated a driver was at the time he or she was pulled over based upon a test that was administered 70 minutes after the incident. Several factors can affect absorption of alcohol – how much the defendant drank, what he or she had eaten, what type of alcohol, and when each drink was consumed. it is impossible to determine retroactively whether or not the defendant was over .08 while he or she was driving. It’s possible to be pulled over while well over the legal limit, only to process enough of the alcohol to have sunk your BAC below .08 percent by the time of the BAC test. Conversely, it is entirely possible to have a blood alcohol concentration of .05 while driving, only to absorb more of the alcohol into your system and blow a BAC of .09 percent when finally tested later.

An experienced DWI attorney will be able to make sure your BAC has been fairly and accurately estimated, or it will not be used against you in court.

2nd & 3rd DWI Charges in Texas

When it comes to accumulating multiple DWI convictions, the consequences become very severe, including prison time, exorbitant fines, alcohol awareness seminars, community service, and the installation of an ignition interlock device in your vehicle. If this is not your first DWI offense, then you desperately need the help of an experienced Texas DWI attorney to guide you through the legal process and minimize the scope of your sentence.

As we mentioned earlier, a second DWI conviction is a Class A misdemeanor carrying a maximum punishment of a $4,000 fine, possible prison time as long as a year, and a two-year driver’s license suspension.

Considered a third-degree felony, a third DWI is very serious matter, with a fine as high as $10,000, jail time of up to ten years, and revocation of your license for two years. Not to mention, the additional surcharges to maintain the driver’s license.

In order to avoid these punishments, you need the help of an experienced legal professional who knows how to defend this type of case. At Grossman Law Offices, our attorneys know how to attack the method used to determine your blood-alcohol level and the officer’s motivation for pulling over your car. Since the blood-alcohol tests are critical to the state’s case, so we attempt to get that evidence excluded. Failing that, our attorneys are aware of the inaccuracies possible in such testing, and we will make sure the judge and jury consider all of the facts, as well. If you want to make sure you receive a fair trial, then you need to contact the Texas drunk driving lawyers at Grossman Law Offices if you or someone you love is facing a DWI accusation in Texas.

Texas DWI & Child Endangerment

In order to protect children from the actions of drunken drivers, Texas law differentiates between a standard Driving While Intoxicated charge and a DWI with a minor in the vehicle. A DWI with a minor charge is considered a type of child endangerment, and is treated very seriously by the court, punishable with up to two years in prison and fines of up to $10,000. Even if you have not taken a field sobriety or a breathalyzer test, you can be charged with DWI with a minor if an officer stops you when you have a child in your vehicle and decides you are intoxicated to any extent.

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Fighting these charges is challenging and the punishment extremely serious, so it is absolutely essential that you have the assistance of a skilled Texas DWI attorney if you or someone you love is facing a DWI with a minor accusation. You need the help of an attorney who knows how to challenge the notoriously inaccurate breathalyzer tests as well the mistaken claims of the arresting officer that led to the false accusation. If you or someone you love has been charged with DWI with a minor, let our attorneys help you prove that the child in your car was safe. The only way to get a fair trial in this instance is with a skilled and knowledgeable attorney in your corner.

Minors Under 21 DWI & DUI

For minors accused of driving while intoxicated, DWI laws are completely different. Specifically, if a minor has any alcohol at all in his or her system, he or she may be charged with driving under the influence (DUI). For the purposes of DWI and DUI cases, a minor is anyone under 21 years of age, and not anyone under the age of 18 as if the case with most other laws.

Just like any adult who is asked to take a breathalyzer or blood alcohol test, minors can be asked to take a BAC test by a police officer. And, just like adults, minors face penalties if they refuse to do so. For refusing the test, a minor may have his or her driver’s license revoked for 120 days for a first offense or 240 days if he or has had another drug or alcohol-related arrest in the past five years.

If you are a minor who has been found to have any amount of alcohol in your system while you are behind the wheel of a car, you will have your driver’s license revoked for no less than 60 days. In addition, if you are convicted of an alcohol-related driving offense, your license will be revoked for one year. In extreme cases, the court can seek to prove the minor is addicted to alcohol, making that minor ineligible to receive a driver’s license or keep it.

A minor who has been convicted of a first-time DUI is eligible to be sentenced to community service or rehabilitation. Any minors who are over the age of 17 may be sentenced to 180 days jail time either for a third DUI or a first DWI conviction.

First-time DUI

For minors, a first offense DUI is classified as a Class C misdemeanor, but that doesn’t mean it’s something to be laughed at. Minors who are under the age of 18 must be accompanied by their parents at every court appearance. Minors convicted of a first DUI will be subject to a sentence of 20 to 40 hours of community service related to alcohol awareness and must take an alcohol awareness class within 90 days. In cases where the convicted minor is under 18, his or her parents may be required to attend the alcohol awareness class, as well. Fortunately, first offenders are eligible for deferred adjudication, allowing the conviction to be expunged on the minor’s 21st birthday, provided successful completion of a community supervision program.

Second-time DUI

For a second DUI offense, the punishment is virtually identical with only two exceptions: community service time increases 60 hours, and a second DUI conviction may not be expunged from the minor's record on his or her 21st birthday, even though, the minor is still eligible for deferred adjudication.

Third-time DUI

Upon a third DUI conviction, the matter becomes far more serious and is upgraded to a Class B misdemeanor, with deferred adjudication no longer a possibility. Minors who are convicted of a third DUI when they are over 18 years of age, can be fined between $500 and $2,000 and sentenced to a maximum of 180 days in jail.

If you have been charged with a DUI, you’ve already done something foolish by ignoring the drinking age and then driving around. Don’t make the situation worse by foolishly trying to handle your own case. Get the help of an experienced attorney, contacting the Texas DWI lawyers at Grossman Law Offices.

Texas Intoxication Manslaughter Charges

If you have been accused of intoxication assault or intoxication manslaughter, then you are facing extremely serious charges, and you must not proceed forward without securing the guidance of a skilled and reliable Texas DWI defense attorney. Intoxication assault or manslaughter charges ensue when a drunken driving accident causes serious injury or wrongful death to someone other than the allegedly intoxicated driver. Making these cases unique, the prosecution need no prove any malicious intent – only that the driver was intoxicated at the time of the accident, and someone else involved in the accident was injured or killed.

In other words, the odds are often stacked against the intoxicated driver from the beginning in both intoxication assault and intoxication manslaughter cases. Meanwhile, the consequences and penalties are quite severe. If you are convicted of intoxication assault, a 3rd degree felony, you face anywhere from two to ten years in prison and up to $10,000 fine. If you are found guilty of intoxication manslaughter, a 2nd degree felony, you face as much as twenty years in prison and a maximum fine of $10,000.

With so much at stake, it is absolutely imperative that you seek professional legal assistance as soon as you can. You will need the help of an experienced Texas drunken driving lawyer just to examine your case and figure out the best course of action. Then, you will need a skilled attorney leading you through that course of action. If you are being charged with intoxication manslaughter or intoxication assault, contact the Texas DWI attorneys at Grossman Law Offices. We have 20 years of experience handling these cases, and we can make sure you get a fair trial.

Your Rights in a DWI Case

In the unfortunate event that you are pulled over by a police officer who is under the suspicion that you have been driving under the influence of alcohol, don’t panic – you do have certain options. The first thing to remember is: be polite. The police officer is just doing his or her job, and anger and an aggressive attitude will get you nowhere. The police officer will probably ask you to complete a series of roadside tests to determine if you are intoxicated. Even when you have not been drinking at all, you may not be able to perform these roadside tests effectively. For instance, a severe knee problem may make it difficult for you to balance on one leg while counting backward. Thus, you have the right refuse to perform these tests until you have spoken with your attorney.

However, there is a consequence for taking this course of action. While the police officer cannot force you to take the roadside tests, you do not yet have the right to attorney consultation. It is important to note that your driver's license is a privilege and not an inherent right. Texas law stipulates that a refusal to take a breathalyzer test is grounds for the suspension of a drivers license. In other words, you do have the right to refuse to partake in a breathalyzer test, but there are consequences. In all likelihood, the officer will respond by insisting upon the implementation of a breathalyzer test. Since breathalyzer tests are notoriously inaccurate, the offender may refuse to take this test, as well. However, the police will arrest anyone who refuses a breathalyzer test. Depending upon the jurisdiction, you may have the opportunity to take a more accurate blood test upon arrival at the police station.

Also, it’s important to note the time of year and the location of the traffic stop when considering your rights. During holiday weekends, many judges in many Texas counties allow police to take a suspected drunk driver’s blood for testing without the defendant’s consent. This is accomplished by obtaining a search warrant that allows the state to extract your blood without your consent. Typically, such search warrants are difficult for police officers to obtain but on many holiday weekends the judge will work late specifically to write these warrants.

If you have been charged with a DWI, you need an experienced lawyer like those at Grossman Law Offices to determine whether or not the evidence against you has been obtained legally or ethically.

Differences Between Public Intoxication and DWI

While often mentioned together, DWI and public intoxication are entirely charges, and the term “intoxicated” is even defined differently for each charge. When it comes to Driving While Intoxicated, “intoxicated” means having a blood alcohol concentration of .08 or higher or having lost normal use of physical and mental faculties while driving. In terms of a public intoxication charge in Texas, on the other hand, “intoxicated” means a person has become so inebriated that he or she is a danger to him or herself and others.

In most cases, police cruisers are equipped with video equipment, and officers typically videotape DWI suspects from the moment they begin following them until they have arrived in jail. All DWI suspects will be asked to submit to some sort of blood alcohol concentration test upon their arrest. For a public intoxication charge, there are no concrete procedures such as this. A police officer must merely observe dangerous intoxicated behavior.

Moreover, public intoxication is a far less severe crime than DWI, classified as class of crime, the Class C misdemeanor, punishable only with a fine up to $500 with no jail time. If you’ve been charged with public intoxication, you can probably handle your case yourself, but for any DWI charge, you need the assistance of an experienced Texas drunken driving attorney.

Texas DWI Testing Procedures

While a blood test is the most accurate assessor of blood alcohol content and can easily be retested for accuracy, this form of test is not conveniently administered in the field. This, blood tests are inconvenient for both the suspect and the officer. Thus, most suspected drunken drivers are asked to take a breath test by the arresting officer. While much more convenient than blood tests, breath tests are sadly not very accurate.

In the state of Texas, breath tests are done by a machine named the Intoxilyzer 5000. This machine, which is based upon technology that’s over 30 years old, monitors infrared light absorption caused by alcohol in the breath. Not surprisingly for such an outdated means of technology, numerous problems arise with this method. For one thing, the Intoxilyzer 5000 can pick up other substances commonly found in breath and mistake them for alcohol.

The absolute worst part is that the Intoxilyzer is designed to work on a perfectly average human. The machine is based upon an average breath/blood ratio of 2100/1 (2,100 parts of alcohol in the breath for every one in the blood), but some people have a breath/blood ratio as low as 1100/1, throwing off the accuracy of the breathalyzer entirely. Moreover, any number of factors could artificially inflate the blood alcohol concentration measurement that the Intoxilyzer reports, including differences in height, weight, muscle density, lung capacity, temperature, or blood composition.

In addition, only law enforcement officers are permitted to test the accuracy of these machines, and the manufacturer of the device does not guarantee its accuracy for any reason. Understandably, the accuracy of the Intoxilyzer remains highly questionable.

Maddeningly, the Intoxilyzer has the capability of more accurate testing, but the Texas Department of Public Safety doesn’t require these tests to be performed. The Intoxilyzer can store and preserve breath samples in until a more accurate test called a gas chromatography can performed later on. However, the DPS does not mandate that law enforcement agencies must preserve breath samples for later tests, in an effort to make those tests irrefutable in court. Essentially, the law enforcement agencies are encouraged to discard accuracy in favor of convictions.

The bottom line is that these tests are far from infallible and your DWI charge should rest on much more than a breath test. To help fight these charges, you will need a Texas drunk driving lawyer, so contact us now at Grossman Law Offices for a free consultation.

Your Rights When Suspected of a DWI

No matter what you’ve done, you always have rights in this country. When pulled over under suspicion of driving while intoxicated, a person has the right to refuse a blood or breath test. However, just because you can refuse the blood test doesn’t mean you should. Merely for refusing the test, your driver's license can be suspended for 180 days for a first-time DWI, as a refusal could imply you had reason to suspect you could not pass the test. For any subsequent DWI arrests within the ensuing 10 years after a first DWI conviction, a two year suspension will be placed on your driver’s license, and your refusal will be included into evidence in your DWI trial. In the event you are suspected of intoxicated assault of intoxicated manslaughter, an officer is permitted to your blood for testing without your consent.

During a standard DWI stop, if you relent to blood- or breath-testing and fail and have no prior alcohol-related arrests for one year or no prior convictions or suspensions for the past 10 years, then your license may be revoked for 90 days.

On the other hand, you do have the right to refuse to perform field sobriety tests or answer questions and cannot be penalized for doing, but you cannot legally escape the prying eye of the video recorder in the officer’s cruiser.

While being questioned during the traffic stop or immediately after your arrest, you do not yet have the right to contact an attorney. While you may have heard the Miranda rights read on TV cop shows a thousand times, “the right to an attorney” guaranteed by the Constitution only covers interrogation regarding alleged criminal activity and does not include non-interrogatory questioning. Of course, as we already mentioned, the suspected drunken driver always has “the right to remain silent” and can refuse to answer these questions.

ALR Hearing After a DWI

An officer will confiscate your license immediately upon failure of a blood or breath test or refusal to take such a test, and he or she will issue a temporary provisional license good for 40 days. Still, you may be able to avoid actually having your license suspended.

After your license has been suspended, you may request an Administrative License Revocation Hearing (or an ALR hearing) in order to argue that your license should be reinstated. Either from the Department of Public Safety or by the officer who arrested you, you will be notified of your license suspension by mail. Upon receiving this notification, you have fifteen days to request an ALR hearing, or you will have legally waived the right to such a hearing.

In the fairly common event that your ALR hearing is scheduled after your provisional license is scheduled to expire, the state of Texas does permit the extension of your provisional license. You even have the right to appeal if you lose your ALR hearing, but you must submit an appeal within 30 days of the final verdict of your ALR hearing, or again you waive the right to do so. By filing an appeal, you automatically extend your provisional license for another 90 days. The suspension is lifted immediately if you win the ALR hearing or the subsequent appeal, and naturally your suspension is lifted if you ultimately are found “not guilty” in your DWI trial.

If your license has been suspended due to a DWI arrest, then you will need the help of an experienced attorney like those at Grossman Law Offices to get back behind the wheel as soon as possible.

Occupational Driver's Licenses

In all but the rarest cases, a Driving While Intoxicated conviction will be accompanied by a suspension of a defendant’s driving license. However, in Texas, where public transportation is extremely limited, most people need to drive a car in order to maintain their lives – driving to and from work or school and providing a way to take care of their children. Even though your license may have been suspended, you have the right to apply for an Occupational Driver’s License. However, this license is expensive and comes with heavy limitations and requirements. Someone driving on an ODL must keep specific track of where, when, and for how long he or she is driving every time he or she gets behind the wheel. However, those are small prices to pay for someone who absolutely must continue driving in order to maintain their lifestyle.

Sadly for you, filing for an Occupational Driver’s License is a complicated process, requiring the deft touch of a skilled Texas drunken driving attorney. A special petition must be filed with a judge, and how the petition is filed depends upon the crime and the type of occupational driver’s license needed. Your life has been upended enough by your legal situation. At Grossman Law Offices, we can help you hold your life together by getting you back in the driver’s seat with an occupational driver’s license. If you have lost your driver’s license through a criminal conviction, contact us now for a free consultation.

No Matter Where You Are

Grossman Law Offices can help those arrested for DWI across the state of Texas. Our principal office is located in the DFW area, and we can meet with you the same day in most cases if you are located in: Dallas, Fort Worth, Arlington, Garland, Carrollton, Plano, Addison, Lewisville, Denton, Frisco, DeSoto, Grapevine, Mesquite, McKinney, Park Cities, Irving, North Richland Hills, Allen, Flower Mound, or Hurst-Euless-Bedford.

Even if you're in Texas but not near the DFW metroplex, we can help defend you in your DWI or DUI case. Call us if you've been arrested anywhere in Texas, including: Wichita Falls, Houston, Beaumont, Corpus Christi, Austin, Round Rock, Waco, San Antonio, Tyler, Midland or Odessa, El Paso, Abilene, Lubbock, Laredo, McAllen, Amarillo, Texarkana, Bryan or College Station, Galveston, Pasadena, Pearland, Sugar Land, or The Woodlands.

Grossman Law Offices Can Help

No matter what the circumstances of your DWI arrest – whether you were barely over the legal limit or double it, whether you were pulled over under suspicious circumstances, whether you took a breathalyzer test or refused it – the attorneys at Grossman Law Offices know how to help you.

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We’ve been handling DWI cases in both criminal and civil court for 20 years, and we’re prepared for any eventuality that arises. Call us now for a free consultation at 1-855-427-0000 (toll free), and you can confidentially discuss your case with a DWI attorney. After hearing the details of your case, our attorneys will explain your legal options, clarify any aspect of the case you’re having trouble grasping, and inform you how we can help. Call us now. You can’t afford to try to do this alone.