Grapevine DWI Attorney

Ensure the Best Possible Outcome in Your DWI Arrest; Discuss Your Case With Attorney Michael Grossman Today

If you have been charged with driving while intoxicated in the Tarrant County suburbs of Southlake, Grapevine, Colleyville or Keller, then a skilled, seasoned DWI attorney who knows the Tarrant County courts (and who also know him) can be a valuable legal resource for you: one who is intimately familiar with your county’s criminal courts, procedures, quirks, and is also well-known to your prosecutor; can secure the best possible resolution to your case; even a guilty one.

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Any attorney will take your money, hold your hand through the legal process and then hope alongside you for innocence or leniency. But is that the best strategy for you? And even if the latest high-tech DWI detection device says you were drunk behind the wheel, is the data correct? Police officers, prosecutors, judges and juries want to accept that it is. But that is not universally the case. You need an attorney who is also your tireless advocate; someone who will treat your case like it’s a charge against him personally. Michael Grossman and the Tarrant County DWI lawyers at Grossman Law Offices approach every case this way. We devote our time, energy and insight to every client’s situation and do whatever we can to deliver the best possible results.

DWI convictions have far-reaching effects. You don’t just risk jail or prison time, losing your license, or paying untold thousands of dollars in fines and fees. You also jeopardize your good name. A DWI conviction never leaves your record and could tarnish people’s opinions of you for years to come. If you don’t approach your case seriously and with respect, and retain an attorney who can successfully lead you through this tenuous legal process, the final outcome could be dreadful: for you and your family. For over two decades, our lawyers at Grossman Law Offices have devoted our time to finding ways to limit the fallout for people charged with DWI in Colleyville and Keller, the rest of northern Tarrant County and all over the Metroplex. Through trial and experience, we have mastered the legal process involved with DWI adjudication in Tarrant County, and you can truly take advantage of our expertise.

We feel the best clients are those most-informed. Having an effective understanding of the essentials of DWI, its defenses and the consequences of a guilty verdict are essential as you decide which attorney can represent your best interests. This knowledge also empowers you to ask the right questions of your prospective lawyer and to choose the one you feel most comfortable with: one whom you can trust with your future and that of your family. This is serious stuff: you’re facing real trouble. And if this is not your first DWI offense, your situation is even more complicated and perilous.

DWI trials are unique due to the nature of the alleged crime. Most offenders are not intentional, hardened criminals who set out to hurt others with their actions. DWI defendants are everyday folks who just made one (or several) unfortunate, bad decisions: and now they’re - before bonding-out – potentially sharing a jail with robbers, rapists, burglars, and other hardened, unrepentant criminals. That experience alone is enough to scare many DWI suspects straight. Alcohol impairs mental and physical ability no matter who you are or how accustomed to the consumption of liquor you may be. Anyone can drink too much and then lose their ability to reasonably decide if they can safely drive home.

While anyone who drinks can potentially be charged with a DWI, they’re still treated as disgraceful criminals by the prosecution. This is due largely to the aggressive campaigns of MADD and other public interest organizations. And cracking down on drunk drivers has become a popular political cause these days. Add to that the aggressive public relations campaigns against drinking and driving, and it’s easy to see how the stigma of even being arrested on suspicion of DWI is even greater than it was a few years ago.

Even first offenders – if the suspect seriously injures or kills someone in a wreck – can find themselves in TDC (state prison) for several years. And virtually everyone must pay hefty fines, fees and other penalties designed to take additional “pounds of flesh” if they are found guilty. The chances that you will hear the words “not guilty” or even obtain an acceptably lenient sentence without a Southlake or Grapevine DWI attorney going to bat for you are very slim. To find out more about how we can help you, call us now for a free consultation at 1-855-427-0000 (toll free). We’re guarantee confidentiality and give you the opportunity to speak with a knowledgeable legal expert about your situation. We can clarify any question to your full understanding and share with you our view of your best legal options.

A Brief Primer on Criminal Law Essentials and How they Impact Your DWI Case

Before we dive into the complicated specifics of DWI laws, we must first share some of the basics of criminal law in-general. The first 10 amendments of the Constitution are known as the Bill of Rights. All who are arrested in the U.S, whether they are citizens or not, are afforded certain rights which every jurisdiction in the land must respect; regardless of what crime they are charged with. Police officers must not violate your rights during their investigation and arrest, and the prosecution must clearly prove your guilt “beyond a reasonable doubt.” If your rights are violated, or the evidence does not clearly point to your guilt, you must be set free without any prejudice by the court or the prosecution.

However, so long as towns, cities, counties, and states refrain from infringing upon those constitutionally protected rights, they can create their own rules and regulations for governing their own communities. Speed limits are the easiest ways to what are known as “variable community standards.” When you drive north on Interstate 35, the speed limit can rise as high as 70 mph, or drop as low as 55 when you pass through a community. Each city or town along any highway has the right to establish its own speed limits within its jurisdiction and assess any amount of the fines it wishes to impose when people violate those speed limits. If you are given a speeding ticket, you must go to that community’s municipal court to fight the ticket, or follow whatever procedures it has for mailing in payment (or request for defensive driving).

No matter what type of court is hearing a case, there are always unique procedures specific to that particular venue. It’s almost as if each court has its own distinct personality. The purpose of all of these criminal courts is to deliver justice. But every jurisdiction has its own flavor, and every judge his or her own way of doing things. One could compare it to the differences in 7-11’s to better grasp this concept. The one in your neighborhood has subtle differences than others in different communities and neighborhoods around the state. While all 7-11’s belong to the same corporation, all have subtle differences from others. One might have the Slurpee machine in one corner, and the next 7-11 might have it in another. In some of them, the hot-dog grill is manned by an attendant, and in others it’s self-serve. Some 7-11’s sell beer and wine, and others are located in dry neighborhoods so they cannot. In some locations, the help is attentive and competent, while in others, they hardly understand English at all.

The same can be said of each county court in which a DWI case may be tried. The procedures of the court and the punishment it doles out often vary; depending upon the community (and the makeup of the jury that will sit in judgment of you if your case actually goes to trial). When you are charged with a Tarrant County DWI, you need a Colleyville or Keller DWI lawyer who has spent time in our county courts, has perfected his approach to take into account the nuances of each court, and is known to the prosecutors, as well as the judges who will approve any settlement or hand out the penalties if the verdict ends up being guilty.

Keep in mind, a guilty verdict comes with huge monetary losses, a massive hit to your reputation, and the possibility of jail time. Granted, you can fight the charges, but should you? In many DWI cases, the defendant would be wise to negotiate a plea agreement instead of taking the case to court. And we’ll talk about the value of a plea negotiation over that of a jury trial further down in this article.

How an Experienced Southlake or Grapevine DWI Lawyer Can Help with Your Case

A lot of people are accused of DWI offenses in and around northeast Tarrant County. But a charge of driving while intoxicated isn’t necessarily a conviction of this offense, even if sometimes it seems that way.

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In most DWI cases, rare are the instances where justice is black and white. Courts, by their very nature, often see the expediency of living in “the gray,” particularly when it comes to applying punishment. Criminals deserve to be punished relative to the threat they present to society. So a wide range of punishments is possible that presumably fit any particular crime: and often reflect a distinction between the habitual criminal and the first-time offender according the degree of their offense. For instance, when a judge or jury has the discretion of applying a sentence of between two and ten years in prison, only the most dangerous criminals are given ten years. But until your attorney forces the state to recognize the circumstances of your offense, prosecutors always tend to assume the worst and seek the maximum sentence; especially if the defendant is represented by an inexperienced, lawyer or an attorney whom they don’t know.

When you hire Grossman Law Offices, our Tarrant County DWI attorneys make sure the court views you as the person you are: someone who just made a solitary - and yes, dumb - mistake. Once you contact us, the first thing we do is listen – without prejudice – as you tell the whole story of what happened during your DWI in your own words. We cannot insist enough that you be completely truthful, or we can’t mount the best possible defense. You’ve heard parents say to their children “tell me now because I’ll find out later.” This quid-pro-quo of complete truth is essential to successful outcomes in DWI offenses. The client tells the whole story – warts and all – to his attorney. And the lawyer can then speak with full candor to the client about the best defense possible. No matter how embarrassing your story might be, we’ve certainly heard worse and are not the ones who sit in judgment of you anyway. Your defense counsel must be not only your confessor and know the facts: nothing but the truth, or he is of very limited use in your fight for freedom.

Once you’ve told us your story, we’ll want to learn what the prosecution knows about the case and see their evidence against you. This is not an episode of Perry Mason where one side surprises another at the last-minute with secret evidence that immediately wins the day. In any trial, both sides must share all of their evidence with the other at the beginning of the process. This is known as the discovery phase.

Discovery processes can be easily drawn out. But our excellent reputation in the Tarrant County courts and intimate familiarity with county prosecutors eases the communication and streamlines the process of learning how strong their evidence is as well as what sentence they will likely pursue. Once we know how your side of the story meshes with the prosecution’s evidence, we then devise a strategy for how to move forward with your case.

It can take months between your indictment and trial date. During this period where both sides position themselves for trial, many motions that affect your case are filed and argued in preliminary hearings in which you seldom need to appear. As we execute your defense strategy, we always make sure you are kept abreast of all developments as they happen while we pursue the best possible resolution to your situation.

DWI Plea Bargains vs. Jury Trials and Other Options

Of course, you have something to lose at trial – your reputation, your money, and even your freedom. But, you might not realize the prosecution is taking a risk, too if it goes to court. A few losses can negatively affect an assistant DA’s reputation. And too many will lead to the district attorney’s office looking for a new prosecutor. This is not all that fair for the prosecutors, because their case is based on how well the police have thoroughly and legally conducted their investigation. If the arresting officer did not take care to make sure the defendant’s rights were protected, or if insufficient evidence was found to warrant a conviction, or if the officer did not acceptably protect the “chain of evidence,” the prosecutor’s reputation takes just as much of a hit as the police or sheriff’s office. Even when the prosecution has compelling evidence – like a failed breathalyzer or blood test – a clever attorney might get the jury to question the validity of the test: or even exclude it altogether. The prosecution shoots for a statistical win. So there’s just as much incentive for them to negotiate a plea agreement as the defendant. Many prosecutors prefer to negotiate an “apparent” win without giving back too much to the defendant in return for getting “any guilty conviction” to improve the stats; in return for the thousands of dollars a DWI trial will certainly cost the county.

Registered voters are randomly chosen every week to appear for jury duty. When they show up, it’s usually reluctantly. You too have probably been called for jury duty and likely hoped to get out of it. Just like you, those empaneled citizens can think of a hundred better things they’d rather be doing than sit inside a courtroom and listening to a bunch of lawyers arguing your case. Even if DWI is a cause célèbre, juries and their quirks alone are enough to explain why a trial is a very risky proposition for both sides. And it’s not hard to appreciate why only around one-in four DWI cases eventually end up in court. Being forced to argue a case in front of a jury is the law’s answer to speeding down a twisting mountain road without any brakes: for both sides.

As we’ve already mentioned, if you mislead your attorney about the facts of your case, then you’re only assuring your own disaster. Your lawyer can’t devise any competent strategy based upon lies, half-truths and misrepresentation. Your attorney is the last one you want to have in the dark when it comes to the truth of your situation. And nothing short of full disclosure to your lawyer will seriously cripple your chances of securing the best possible outcome to your case.

If the prosecution doesn’t have much evidence, then you may want to go to court to force an acquittal. If the police have dropped the ball when gathering evidence, the charges may even be dropped: enabling you to expunge all mention of an alleged DWI from your record.

But realistically, when it comes to the great majority of DWI offenses, the chances of the charges being dropped are rather slim. Over time, law enforcement agencies have developed effective investigative methods and been given sophisticated tools which are designed to produce viable – even airtight – evidence. And most police officers follow these procedures religiously. In all likelihood, the officer or sheriff’s deputy has positioned his vehicle to capture the entire roadside exchange on tape, and your drunken behavior has been visually confirmed. And with greater frequency, not only do the cruisers have dash cams, but another minicam clipped to the officer’s shoulder.

You were certainly asked to take some sort of blood alcohol content (BAC) test. Whether you refused to take it or if you failed it, the state probably (but not always certainly) has evidence competent against you. You also must remember that the judge and jury are probably apt to color you in a negative light before they even hear the evidence against you because most people do not hold drunk drivers in high general regard. So when the evidence is overwhelming, it’s likely in your best interests to pursue some sort of plea agreement that’s acceptable to prosecutors and the court (since the judge must accept it).

If you agree to a plea bargain, then the prosecution has far more incentive to recommend a sentence involving deferred adjudication than they would be after a costly trial. And if you are not a repeat offender or there was not an accident involved - or some aspects of the case suggest that the prosecutor now has a conviction - leniency becomes more appropriate in his or her mind. And normally, judges follow the sentencing recommendations of the prosecution: but not always. And yet, prosecutors (and judges) are people too. They know some defendants make dumb, unintentional mistakes; especially first-time offenders who have good driving records and must support a family.

If the facts support it, you might even be lucky enough to get deferred adjudication, But don’t hold out that hope as much less than one-in-ten adult DWI convictions result in deferred adjudication. However, if that happens, and you complete the prescribed community supervision during the sentence period, the DWI charges are officially dropped (but are still known to your insurance company; so be prepared to pay higher rates for a few years).

Again, it’s critical that you remain truthful with your lawyer, or there is very little point in having one because you’re undermining the very person to whom you are paying all those hard-earned dollars to help you out of your predicament.

Types of DWI Cases and the Penalties That Accompany Them in Tarrant County

While challenging to win, it’s possible to secure an acquittal in DWI cases. All you need is the right balance of circumstances and an aggressive and skillful Northeast Tarrant County DWI attorney. The next few paragraphs are an explanation of the various kinds of DWI cases, which should give you a better idea of whether or not the circumstances of your case could produce a not guilty verdict.

We all generally understand and accept that it’s illegal to drive a car while drunk. But, what actually is “”drunk” in the eyes of the law? The term “intoxicated” – relative to drunken driving – has two definitions. Between the two standards outlined below, one is objective while the other is highly subjective. A person can be ruled intoxicated:

• If his or her blood alcohol concentration (BAC) is greater than .08 percent.
• Or – if that BAC is not over .08 – if he or she loses “normal mental and physical” abilities due to the use of drugs, alcohol, or any combination of controlled substances while behind the wheel.

Clearly, the second definition is far more subjective and open to interpretation. Over time, this standard has come to apply only to what is normal for the particular driver in question and not what is normal for all drivers. But this creates a logical conundrum: How can a police officer know what normal is for you, in order to make this determination of whether or not to charge you with DWI? You’ve seen examples where some medications come with the warning not to drive or operate heavy or dangerous machinery after you have taken certain prescription drugs, either by themselves or in combination with alcohol; which can often apply to the latter classification. So this relative question of legal intoxication can become a point of contention on which to base a DWI defense if there is an absence of objective evidence.

Police officers are so reliant on breathalyzers and other BAC tests because they’re trying to secure evidence that can lock down a conviction that is based on absolute – rather than arbitrary – evidence. The second standard is far too debatable to stand on its own in court. Moreover, a BAC test is used to assess the proper fines the offender must pay. When someone has a BAC of .16 or greater, he or she must pay an annual surcharge of $2,000 for three years to retain (or return) his or her driver’s license. But for any DWIs featuring a BAC of less than .16 percent, the surcharge is only $1,000 for those three years. We’ll discuss those surcharges in greater detail in a few moments.

If you have been charged with some form of drunken driving offense, the Grapevine and Colleyville DWI attorneys at Grossman Law Offices can help deliver the best possible result no matter if the case against you relies upon a blood test, a breath test, or just the subjective opinion of a law enforcement officer.

Texas DWI Penalties

In order to cope with the many kinds of criminals, Texas courts allow for a wide array of punishments in DWI cases. The severity of these punitive measures depends upon:

• The circumstances of the DWI offense.
• The defendant’s previous DWI history.
• If an accident was caused by the DWI driver.
• And the degree of injury to the occupants of the other vehicle if there was an accident.

Here is a list of all of the various DWI offenses, and the spectrum of punishments that can accordingly be assigned:

• First-time DWI: This is categorized as a Class B misdemeanor, and convicted offenders can receive up to 180 days in jail, a $2,000 fine, and a driver’s license suspension ranging from 90 days to one 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.
• Second-time DWI: For a repeat offender, the DWI jumps to a Class A misdemeanor, which carries a maximum prison term of one year, a maximum fine of $4,000, and a driver’s license revocation of up to two years.
• Third-time DWI: Classified as “revolving door drunken drivers,” these offenders become felons upon the third conviction, which is classified as a third degree felony. It is punishable by a maximum sentence of 10 years in prison, a maximum fine of $10,000, and a mandatory driver’s license suspension of two years once they are released from imprisonment.
• Open Container Laws: When someone convicted of a DWI also has an open container with alcohol in the car, he or she only makes the punishment worse, adding an additional fine of up to $2,000 and a minimum six days in jail. The Texas Open Container law was recently modified to include any passenger inside the vehicle from the old standard of only a passenger in the front seat.
• Intoxication Assault: The purpose of the court is to protect society, so punishments get harsher when a drunken driver physically harms others in an auto accident. This is known as intoxication assault and is a 3rd-degree felony and carries the same punishment as a third-time DWI: a prison sentence of between two and ten years and a $10,000 fine, in addition to mandatory driver’s license suspension of two years once they are released from imprisonment.
• Intoxication Manslaughter: This is doubtlessly the worst “negligent” DWI offense. It’s a 2nd-degree felony in which someone dies in an auto wreck with a drunken driver. Any driver convicted of this offense can receive as much as 20 years in a Texas prison and a fine of $10,000. But in extreme cases, if a drunk driver maliciously and purposefully causes an accident that kills people, an argument can be made that this is a capital offense, which is a first-degree felony.

Testing for Blood Alcohol Level in Texas DWI Cases: Effective but not Infallible

This section surrounds what happens between the time you are stopped for suspicion of DWI and you find an attorney to represent your case and bail out of jail.

There are two very simple rules of how to respond when pulled over under suspicion of drunken driving.

• Don’t panic and keep quiet unless you are asked a direct question by the police officer.
• Keep your answers short, on-point and respectful. It doesn’t pay to lose your cool or get angry with the police officer, even if you haven’t been drinking. You’ll only draw more suspicion.

You will be asked to exit your vehicle and submit to some field sobriety tests if the police officer suspects you are intoxicated. Remember, the definition of intoxicated pertains to what you would normally be able to physically do when you are not drunk. This officer’s initial impression is subjective. So if you honestly feel you couldn’t pass the field sobriety test when sober, then you can decline to take it. For instance, somebody who has dyslexia will have trouble reciting the alphabet, let alone doing it backwards while standing on one leg. Or some prescription drug your doctor has ordered you to take may give the officer the impression you are intoxicated. We all have every right to decline a field sobriety test when asked. But in the eyes of the law, refusal to take one strongly suggests to the uninformed officer that you are intoxicated.

And yet, before declining, you should remember that there is a danger that comes with your refusal. When you decline one roadside sobriety test, the officer will ask you to take one a second time. They then request you take a roadside breathalyzer test once you repeatedly decline a field sobriety tests. Citing concerns over the accuracy of these tests, you can refuse the breathalyzer too, but this has an even harsher result. Once you decline a breathalyzer test (after the first request) your driver’s license is immediately suspended and you will immediately be arrested on suspicion of DWI. At the jail, you will be asked to take a blood test. If you refuse that one as well, then the officer may attempt to get a warrant to draw your blood without your consent. However, in the middle of the night when most DWI traffic stops occur, it is unlikely there will be an available judge to sign the warrant.

But on the other hand, this delay in securing a warrant might disappear, depending upon the time of year and the circumstances. Certain judges in certain jurisdictions are available to authorize warrants to draw suspected drunken drivers blood without their consent for the purposes of BAC testing on certain holiday weekends when drunkenness is common: such as New Year’s Eve, Christmas, and the Fourth of July. At other times, some municipalities might conduct a DWI task force “sweep” in which a judge is available around-the-clock to sign the warrant. So your blood can get tested whether you like it or not. This problem is even worse for anyone who has been abusing illegal drugs. A breathalyzer test might not reveal this illegal behavior. But a blood test certainly will.

The tools exist that can catch DWI offenders’ dead-to-rights. But procedures for securing that evidence are open to interpretation, not to mention the actions of aggressive law enforcement officers (and prosecutors) who might be willing to risk circumventing the Constitution in order to secure a conviction. We won’t speak directly to that but we’ve seen some law enforcement officials play “fast and loose” with the evidentiary rules in DWI cases. And that could be a factor in yours.

If you have refused a BAC test or failed the one you took, then you need a seasoned and knowledgeable Southlake and Keller DWI attorney like those at Grossman Law Offices protecting your rights. We will make sure any evidence that was used against you was obtained legally and your Constitutional rights were fully respected throughout the entire legal process.

Medical Testing Designed to Prove DWI: Is it Completely Reliable? Not Necessarily

Now you know that .08 percent BAC is the established legal limit for intoxication when driving any motor vehicle (or determines public intoxication if you are not behind the wheel). What this actually means is that all of the blood pumping through your veins has is .08 percent alcohol because of what you had to drink. Tests and medical research have established this .08 level of BAC is the legal standard at which your normal physical and mental abilities allegedly become impaired. Hence, the legislature rewrote the laws a few years ago setting .08 as the legal limit. Currently there are three ways of measuring BAC:

• The number of grams of alcohol per 100 milliliters of blood.
• The number of grams of alcohol per 210 liters of breath.
• The number of grams of alcohol per 67 milliliters of urine.

Unless you are a medical research whiz, even after downing that fourth scotch and water, or happen to carry a breathalyzer in your pocket, it’s virtually impossible to monitor your own BAC as you continue to drink. The government’s methods of detecting your BAC level are generally more reliable than self monitoring. But they’re still far from perfect. All of the modes for measuring BAC base their formulas on the norms for an average human being. So by one testing method, your BAC may be over the legal limit, but by another you might be well under .08. For example, a breath test could detect a BAC of .07 percent, while a blood test reveals that same person’s BAC at .09. While it will be hard to prove in court, any police officer can arrest you for suspicion of DWI without testing your BAC. The officer can always claim that your “normal mental and physical” abilities were impaired; even though that’s very difficult to establish beyond a reasonable doubt. So essentially, due to the variable results of these three tests, the actual arrest can be based solely on the suspicion of the officer; then subsequently backed-up by the data gleaned from any or all of the measurement tests and the charges upped to DWI from initial suspicion.

Breathalyzer Inaccuracies

Elapsed time only further clouds the reliability of all BAC tests. In order to prove that a driver is guilty of DWI, the state must establish that the driver was intoxicated while he or she was actually driving. Due to the laws that must be followed, BAC tests are usually not given until between 45 and 90 minutes after the driver has been stopped; not immediately. And the moment a person stops drinking, his or her body begins to recover – and BAC moves towards the more normally accepted levels.

While not a large amount of time in the greater scheme of things, an hour can have a significant effect on the BAC of a driver; especially if their BA level was in the .08 level to begin with. The driver’s body is processing alcohol through his or her system. Some people do this faster than others, with several facets of the driver’s body make-up and behavior impacting the process such as: the driver’s weight, the speed at which the driver was consuming alcohol, the amount of food in their stomach, the various kinds of alcohol that he or she drank, and the consumption of illegal or prescription drugs along with the alcohol.

Depending on all those factors, a delayed BAC test can either help or hurt the defendant. It’s possible after being stopped that a driver might naturally flush some of the alcohol in his or her blood and system, though urination: though we’ll not elaborate on the various ways the suspect might “relieve” himself while in-custody. This can lower his or her BAC level to less than .08, when the driver was in fact drunk at the time they were pulled-over. And in the grand scheme of things, if you are administered a BAC an hour after arrest that is .07, conjecture by the officer (or the prosecutor), that you must have had a level of .08 or higher is not viable evidence in a DWI case. But on the other hand, it’s equally likely that the driver might not have been legally intoxicated at the time of the traffic stop, but still had unprocessed alcohol in his or her stomach. In the ensuing hour before the BAC test, the blood absorbs the alcohol, and the driver’s BAC soars over the level of legal intoxication.

It is also possible that the device used to measure your blood alcohol content may be improperly calibrated. These are sophisticated machines that must be in perfect working order if they are to be reliable. And sometimes, they are not properly maintained or calibrated. Or, unbeknownst to you at the time, the manufacturer of the device might have issued a bulletin suggesting different calibration factors that the officer did not heed properly. So just because the device gives a positive (as in you are drunk) the status of the device can be called into question. It doesn’t happen a lot: but it does, and more than a little.

If your BAC test was taken too long after you were pulled over to maintain its accuracy, then a savvy and experienced Grapevine and Keller DWI attorney can effective argue that evidence, if presented at trial, is just the same as if it was illegally taken without your consent.

Texas DWI Testing Procedures

If the state relied solely on blood tests in the way they were designed, then BAC testing would be far more reliable. Not only are these more accurate, but they can allow the blood sample to be stored and re-tested in the event there is still a question about their validity. Unfortunately, unless a medical professional rides with the officer, blood tests cannot be given by the side of the road. Such a delay before they can be administered can call into question the accuracy of blood BAC tests. Breathalyzers are generally not as accurate at blood tests. But they can be co0nveniently given in the field. This makes the breathalyzer the most popular BAC test used by Texas law enforcement. But it’s sometimes questionable evidence.

Using an infrared light absorption method, one such device, the Intoxilyzer 5000, is the latest go-to breathalyzer for law enforcement officers in Texas. However, this machine is only slightly more advanced than an Intellivision (a much older breathalyzer device), as the latter utilizes 30-year-old technology. And though there are plenty of Intellivision devices still in-use, it comes as little surprise that over the years, the concerns about its accuracy are enduring and significant. And prosecutors prefer to have more – and better – evidence before they are comfortable taking you to court.

But the newer Intoxilyzer 5000 has also been known to mistake other substances commonly found in the breath for alcohol. However, that’s not a common occurrence. A much more obvious problem comes from the method by which this device measures alcohol in the blood, basing all of its calculations on a ratio of alcohol in the breath (compared to the blood) that is normal for an average human being: 2100 parts of alcohol in the breath for every one in the blood. So, it’s possible for someone to have a breath/blood ratio as high as 3100/1, but then have a BAC test score well below his or her actual BAC level (as low as 1100/1). The accuracy of BAC tests can also be thrown off by extremes in lung capacity, blood composition, height, weight, or muscle mass (because alcohol, like all fluids consumed by a human, moves first from the stomach to body fat).

Making fears of inaccuracy with the Intoxilyzer 5000 even more disconcerting, only law enforcement officers may test the devices. But its manufacturer refuses to guarantee its findings unless the tests are conducted by approved technicians. So it’s a case of “maybe” the results prove intoxication, but there is not a clearly-defined procedure to back-up the results, nor any way of guaranteeing that the person who administered the test knew what he or she was really doing.

What’s truly frustrating about the Intoxilyzer is that it has the capacity for much more reliable testing if the Texas DPS (which establishes the standards for all DWI device testing) would change its policies. The Intoxilyzer can cryogenically store breath samples, which could then later be tested with a much more reliable gas chromatographer; thereby making this process virtually foolproof. However, the current state intoxication laws do not require the DPS (and by-definition, municipal or county law enforcement) to confirm Intoxilyzer results with a second test through gas chromatographer: nor is the breath sample saved. What would happen if they did? Drivers who failed an initial BAC test might discover it was incorrect after subsequent lab tests by approved professionals; thereby allowing them to go free. It doesn’t take a genius to understand the DPS’ (and by definition, all law enforcement’s) motivation. They are apparently more concerned with conviction rates than true justice. And we can thank MADD and (through an infuriated public’s influence) our state politicians for writing the DWI laws that allow this to happen.

Some law enforcement officers and prosecutors grudgingly admit that all of these problems call the accuracy of the Intoxilyzer 5000 into question. If you are facing DWI charges and you failed a breathalyzer test, you can’t assume you’re going to be found guilty. If you suspect the results of your BAC test were inaccurate, then contact Grossman Law Offices, and one of our Colleyville and Southlake DWI attorneys will listen to your story and assess your situation.

Living with a DWI Conviction: The Experience is Nothing Short of Life-Altering

A lot happens to you once you’ve been found guilty of driving while intoxicated. You will be dealing with all of the negative outcroppings of your crime. Depending on your circumstances, the level of all the penalties below will be an embarrassing inconvenience and cost you a great deal of money: several thousand dollars - even for a first-time offender – over a period of several years. Be also prepared to give-up a fair amount of your free-time for the foreseeable future, in addition to bearing the many other humbling experiences designed to “encourage” you to never make the mistake of drinking and driving again. If this is not a new experience for you, the retribution will be even more-harsh, expensive, embarrassing, and likely incarcerating. Your life will change. Even then, an experienced Grapevine DWI attorney can mitigate many of these “for-the-worse“ changes in your life. But we’ll tell you straight-up. No attorney can wave a magic wand and make a DWI conviction – and the personal price you must pay for it – go away. If any attorney tells you this, BE ON YOUR GUARD!

Getting your Drivers License Back Through an ALR Hearing after a DWI

As we’ve said, once you have refused to take a breathalyzer test after being stopped by law enforcement, your driver’s license is instantly revoked by the arresting officer. After taking your license, the officer issues a provisional one that lasts for the next 40 days. You will have an opportunity to fight the license revocation before your trial. Once the arresting officer or the DPS has contacted you to inform you of your license suspension, you have 15 days to request an Administrative License Revocation (ALR) hearing, in which your attorney can present evidence to try to overturn the revocation. If you do not file the ALR hearing request within the prescribed 15 days, then you endanger your right to have normal driving privileges restored.

Should you lose your ALR hearing, you can appeal, but you must do so within the next 30 days, or you waive this right as well. By submitting an appeal, your provisional license is good for another 90 days. If you win the ALR hearing or subsequently your DWI trial, then the suspension is immediately ended and your license is returned.

Occupational Driver's Licenses

If you are convicted of a DWI, then your license will be suspended regardless of what happens with your ALR hearing. However, everyone needs to get to work, do the shopping, and take the kids to school. And with no mass transit in northeast Tarrant County, driving is a necessity.

But the State of Texas allows anyone who has had their driver’s license revoked due to a DWI to apply for an Occupational Driver’s License (ODL). But an ODL is awfully expensive. The City in which you were arrested will charge a fee to apply for the ODL; which can cost between $500 and $1,000. Once you have it, you must maintain a trip log that proves you have complied with the conditions of the license and keep track of all of the details of your journey every time you get behind the wheel: including the date, intended destination, the time you left and returned, the trip’s purpose, and the miles you drove. But the city that issues the ODL can ask to review your trip logs at any time and match your records up with your odometer reading.

Your DWI lawyer will need to draw up a special petition and detail the crime you committed, the type of license you need, and every purpose for which you will need to travel in order to convince the court to grant you and Occupational Drivers License. While not as complicated as trying a case, applying for an ODL requires familiarity with the procedure. Otherwise, you risk alienating the judge because of your ignorance if you insist on representing yourself. And you already have enough problems to deal with so you shouldn’t have the additional worry of how you’re going to get around. At Grossman Law Offices, our Northeast Tarrant County DWI lawyers can relieve you of this procedural concern. We can put you back behind the wheel by making sure you get an Occupational Driver’s License. So, if you’ve lost your license due to a DWI, then call us now.

Driver’s License Surcharges

The above punishments aren’t the end of your ordeal following a DWI conviction. In order to reinstate your driver’s license once your suspension period ends, you must pay yet another fee: actually a surcharge. After a first DWI conviction in which the driver’s BAC was less than .16 percent, an annual surcharge of $1,000 for three years must be paid to retain the driver’s license. This surcharges rises to $2,000 annually for three years if the driver’s BAC was higher than .16 percent. Not only does a second DWI conviction carry an annual three-year surcharge of $1,500, and a third DWI a surcharge of $2,000, but these all double if the BAC was higher than .16 percent. Moreover, if the terms of your surcharges overlap with other offenses, then you are expected to pay all of the fines simultaneously. In other words, after two DWI convictions in which your BAC was .16 or higher, you will be looking at surcharges of $5,000 per year to retain your driver’s license. These surcharges are just another way of discouraging you of becoming a repeat DWI offender. And surcharges can cost you thousands when one set of fees is piled-up on another.

Community Supervision

No matter how much time the maximum sentence might threaten, most people convicted of DWI offenses typically receive probation: especially first-offenders. The exceptions are intoxication assault and intoxication manslaughter which have mandatory minimum sentences of 30 and 120 days, respectively (and intoxication assault with a deadly weapon for which probation is also forbidden).

Now probation is certainly a far cry from prison. But it’s nothing to embrace either. You will be assigned a certain amount of time during which your behavior will be supervised by a community-appointed probation officer. And you will be expected to meet a number of conditions set forth by the court. For starters, you must pay a $50 supervisory fee every month. In Tarrant County, your probation officer usually requires you to report to his office once a month where you’ll pay the monthly fee. However, especially if you start-out following all the rules, probation officers may drop your visits to bi-monthly in-person reporting or even non-reporting probation. In months where you don’t need to report, you merely need to mail in a form attesting that you have complied with the conditions of your probation along with your check or money order for the fee.

The other conditions of your probation will likely involve: adhering to the law, refraining from alcohol, paying all court fees and fines that are due during that month, attending any required alcohol (or drug) education classes and working a certain number of community service hours. This usually finds you picking up trash on the side of a street or highway for all your friends and neighbors to see: how embarrassing! While you won’t have to do so every month, Tarrant County will likely expect you to take a few urine tests to verify that you are abstaining from alcohol; usually when you report to the probation office. But you can be contacted anytime and told to report for such testing at the discretion of the probation officer or the court. If it has been proven that you have a history of drug and alcohol abuse, there is a greater chance you will also have to regularly pass drug and alcohol testing as well. Should you fail to meet any of the conditions, then your probation maybe revoked, and you will be sent to either county jail or prison for the balance of your sentence – depending on the remaining length of your court-ordered confinement.

On first-time DWI convictions in which an accident did not occur, your state of inebriation will not be monitored prior to driving. But a second or third DWI conviction in 10 years, or first-time intoxication manslaughter or intoxication assault conviction (assuming you are given probation) will lead to an interlock device being installed on your vehicle’s ignition system which includes a breathalyzer. Before starting your car, you must blow into this device, and it immediately locks down your vehicle if it detects any amount of alcohol on your breath. When you fail an interlock test, your probation officer is then notified. Even if you successfully start your car every time you blow into the interlock apparatus, it’s still torture – a constant reminder of the stigma that you must now live with. And if you (or your family) have more than one car, breathalyzers can be legally placed on every vehicle you own. Every driver in your family might have to blow into the device .

A DWI conviction will be part of your legal record for the rest of your days. Cases where a DWI conviction can be expunged from an adult driver’s record are extremely rare: forcing him or her to carry this shame around for the rest of their days. And a DWI cannot be removed from your driving record, leading to inflated insurances rates for at least the next 10 years.

The only smart move to make if you or a loved one has been charged with a DWI is to protect yourself with a Grapevine and suburban northeast Tarrant County DWI lawyer. At Grossman Law Offices, we’ve dealt with every kind of DWI case over the 20-plus years we’ve been practicing law in Tarrant County. No matter how or why you were arrested, we’re going to know how (and how much) we can help you.

More on Texas Intoxication Assault and Manslaughter Charges

The negative stigma that accompanies intoxication assault and intoxication manslaughter is profound. So do charges of DWI with a minor in the vehicle which we will explore shortly. The penalties are harder for these crimes, and the court only needs to prove that the driver was drunk and harm was done in some fashion. It is not necessary for the prosecution to prove malicious intent. As we’ve told you, the punishments are very hard: two to 10 years for intoxication assault, 20 years of intoxication manslaughter, and fines of up to $10,000 for each offense.

The well-known saying that “those who represent themselves in court have fools for clients” certainly applies when a defendant who is facing 20 years in jail and a fine of up to 10 grand mounts his own defense or argues his own case. Only a local DWI attorney who has experience and familiarity with both with DWI laws along with Tarrant County court procedures, judges and prosecutors can develop and execute a trial strategy that brings with it your only possible chance of achieving the best conceivable end to your case. At Grossman Law Offices, we’ve helped many who have been accused of drunk driving in Tarrant County and the entire Metroplex. And the odds are that we can help you reduce the harmful impact of your DWI challenge as well.

The Difference between Public Intoxication and DWI

It is illegal to be drunk in public anywhere in Texas, even if it’s in your front yard.

But don’t make the mistake of confusing DWI with the far less pejorative crime of public intoxication (PI). As a matter of fact, Texas law defines the word, “intoxication” differently in terms of DWI and PI. As we’ve explained, DWI laws define intoxication as when someone is over a BAC of .08 percent or has lost “normal mental and physical ability.” However, for someone to be arrested for PI, he or she must simply be viewed to be so drunk as to be a danger to him or herself, or others. And history has shown that public intoxication is based on subjective observation by a police officer more than any of the tests they use to determine intoxication for the purposes of a DWI case. Sometimes Public Intoxication is used as an excuse for an officer to arrest someone due precisely to the nefarious subjectivity surrounding the charges.

Earlier in this article, we discussed the established procedures for compiling evidence against a drunk driver and how most police officers unfailingly adhere to the rules of their department; whatever they are. Conversely, for someone to be arrested for PI, a police officer merely has to make a judgment-call that the person presents a hazard to him or herself and others.

Moreover, PI differs from DWI in the punishment. People who are intoxicated in public create far less of a hazard than somebody who is drunk and piloting a 3,500-pound missile that’s cruising down the highway at 70 mph. This is why public intoxication is only a Class C misdemeanor, and brings a fine of $500 and no jail time (unless you can’t afford to pay the $500). If you’ve only been charged with public intoxication, then you don’t need a lawyer. Just show up to court as directed, and pay the fine.

If you are facing any type of a DWI charge, that’s a wholly different kettle of fish and you are going to need the help of a seasoned and skilled Colleyville, Southlake and Keller DWI attorney to help get an acquittal; or at least limit the severity of your penalty by making it fit the actual crime, rather than someone’s mere opinion of your offense.

Texas DWI & Child Endangerment

Since children have to go where their parents take them without complaint, the State of Texas created DWI laws intended to protect children who cannot protect themselves. DWI with a minor in a vehicle makes it a crime of child endangerment. Its purpose is to take a clear, strong stance against those driving drunk with children in the car by punishing the offense worse than a standard DWI. A DWI with a minor in the vehicle is punishable by up to two years in jail and a fine of up to $10,000. And it is classified as a felony.

However, that’s only the beginning of the problems for single parents. Should you get a DWI with a minor, then you stand a strong chance of losing custody of your children to your ex-spouse, some other relative or even the state (which means foster care for your children). Someone suspected of DWI with a minor in the vehicle stands a much greater chance of being arrested without a BAC test, since police officers will err on the side of caution to protect a child. Plus, once you have served your time in jail, you then have to go through the arduous process of getting your children back. And that begins with clearly proving to Texas Child Protective Services (and Family Court) that you are fully rehabilitated and deserve to have your children returned.

You simply can’t put the fate of your family in the hands of an inexperienced attorney or your own layperson’s understanding of the state’s complicated DWI laws. If you face a charge of DWI with a minor in the vehicle, you can’t go into court with anything less than the best Tarrant County DWI attorney you can find. Not only must you fight to stay out of prison or dodge hefty fines. You’re literally fighting to keep your family together. You need a trial-tested attorney who knows how to question the exaggerated judgment of the arresting officer and the validity of BAC test. At Grossman Law Offices, we’ve helped many parents who were pulled over with the kids in the car after having one too many drinks at dinner. So we know how to convince the court that your children were in no unreasonable danger when you were stopped. If you try to save money by going with a cheap attorney or no representation at all, then you could end up losing your children, and spend countless hours (and dollars) trying to get them back once you’ve “paid your debt to society.”

Minors under 21 who are Accused of DWI & DUI Don’t Get a Free Pass Either

The laws regarding driving with alcohol in your system change entirely if you are below the age of 21. Since 21 is the established drinking age in Texas, nobody under that age can operate any type of motor vehicle with any amount of alcohol in his or her system. A minor who gets behind the wheel with any alcohol at all in his or her system has committed the offense of Driving under the Influence (DUI) of alcohol.

When it comes to rights, minors can refuse to take a field sobriety and breathalyzer test just as if they are adults. But they will risk the same consequences as those over 21. When a minor is convicted of a DUI after refusing a breathalyzer, his or her driver’s license is revoked for 120 days. Upon a second DUI conviction after a refused BAC test, the minor’s driver’s license is revoked for 240 days.

But on the other hand, minors who are convicted of a first-time DUI after failing a breathalyzer test only receive a 60-day driver’s license suspension. However, a second DUI as a result of a failed breathalyzer leads to a one year driver’s license suspension. Despite what most teenagers think, driving is a privilege, not a right. It’s the same way for adults too, we hasten to add. Moreover, if the court decides a minor is a severe alcoholic who compulsively drinks, then they can revoke his or her driver’s license until he or she turns 21. Additionally, in cases when drugs are a problem with a teen who repeatedly runs into trouble with DWI and DUI laws, the court can order rehabilitation and in some cases, incarceration in a juvenile detention facility for periods ranging from a few months until the chronic-offending teenager’s 18th birthday; depending on the nature of the offense and the teenager’s condition.

In addition, teens that drink and drive can face DWI charges in addition to DUI charges, if their BAC exceeds .08 percent. When a minor between 17 and 20 years-old is convicted of DWI, then he or she could be facing a maximum jail sentence of 180 days just like any other adult who is found guilty of DWI. Anyone under 17 could face the prospect of juvenile detention. And it is not unusual for 17 year old DWI felons who kill someone to begin serving their sentences in juvenile detention facilities until they turn 18 and then being transferred to the Texas Department of Corrections to serve-out the rest of their sentence in prison.

• First-time Minor DUI - While your teenage son might try to tell his friends differently, a first-time DUI is nothing to brag about. While not accompanied by jail time, it’s a Class C misdemeanor punishable with 20-40 hours of community service and mandatory attendance of an alcohol awareness class that makes your grandparents’ speeches about life in the 1950’s sound like a tiptoe through the tulips. There is one small positive to a first DUI conviction, but only in comparison to all other drunken driving offenses. A first DUI can be deferred adjudicated and expunged from the record upon the driver’s 21st birthday provided all of the conditions of the probation are met.
• Second-time Minor DUI - There are only two slight differences between a first and a second DUI conviction. Second DUI offenses cannot be expunged from the record (although the offender is still eligible for deferred adjudication) and 60 hours of community service must be completed.
• Third-time Minor DUI - This was recently upgraded to a Class B misdemeanor. A third DUI also disallows deferred adjudication. But more noteworthy, anyone 17 or older can receive a fine of between $500 and $2,000, and a maximum sentence of 180 days in jail. However, probation is a strong possibility but is predicated on the facts of the case and if the court is convinced that this third-time teenaged offender is indeed repentant and that probation is an effective remedy.

Let’s face it: you wouldn’t be reading this right now if you or your son or daughter hadn’t already done something that you regret. If you decide to handle your own case or hire a novice lawyer, you will only be adding to your family’s troubles. Help yourself secure the best viable resolution to your case by calling a crafty and cagey suburban Tarrant County DWI attorney like those at Grossman Law Offices.

Your Rights Must be Protected When You are Arrested for a DWI

Anyone who is arrested – citizen or not – must have their rights protected when they are accused of a DWI. Remember, you can decline to take any field sobriety or BAC test, but the state then has the right to immediately suspend your driver’s license when you refuse. This might seem unfair. But like you – like your teenaged son or daughter – must remember that driving is a privilege, not a right.

Also, for many years suspected drunken drivers dodged justice because they could refuse to take a breathalyzer test and until a few years ago, there was nothing that law enforcement or county prosecutors could do about it. The state’s position is that only a guilty person avoids a test that could clear his or her name. But there are exceptions to every rule (and opinion). Now that doesn’t mean that the state can’t yank your driver’s license for two years for refusing a breathalyzer test once you have been convicted of a DWI any time in the last 10 years. It can also use the declined BAC test as evidence against you in court. When you are suspected of intoxication assault or manslaughter, then your rights are limited even further, and your blood can be taken without consent. Sometimes it’s hard not to believe that the prosecution’s real position is “guilty until proven innocent,” rather than the other way around which is actually the law!

In order to encourage people to take breathalyzers, the driver’s license suspension is only 90 days when you willingly take one; even if you fail it. Also, you should remember that everything you do or say is being recorded by the camera in the officer’s cruiser (or the minicam on his or her shoulder, which is a more common occurrence every day).

While you’re pulled over on the side of road and trying to remain calm as the police officer is walking toward your window, you can’t try to squeeze in a call to your lawyer. The only time you have “the right to an attorney” is when you’ve been charged and are being interrogated about a criminal offense; not the informal first-moments when it’s just a routine traffic stop. However, like you’ve seen on the cop shows, you do have the “right to remain silent.” You don’t have to volunteer any information as the police officer asks you questions. However, this won’t get you out of being arrested. And while it might limit the amount of subjective evidence the officer can collect, it could possibly result in an obstruction of justice charge, as well; even if it’s later dismissed. But such additional offenses help make a better initial case for the prosecution.

Grossman Law Offices Can Help You Protect your Rights and Freedom in a DWI Case

At Grossman Law Offices, our Grapevine, Colleyville, Southlake and Keller DWI attorneys have effectively defended those who face DWI charges in Tarrant County for over 20 years. Through all of that experience we’ve learned the ins and outs of DWI law, prosecutorial behavior and Tarrant County court procedure. We don’t know the facts of your case right now, and would never presume to say you can be exonerated; even if we could. But we can to always devote our full energy and resources to delivering the best possible result to your case that the circumstances allow.

We can help after your DWI arrest: if you’re a minor who got stopped by a cop after just a beer, or if you’re a mother of four who had a couple too many glasses of wine at a company function, then got pulled over after picking up the kids at the babysitters. If you’re an adult who had a BAC of .19 percent when you injured another driver in a wreck, or if you refused a breathalyzer test and don’t know what will happen next, you have legal options. And much as police, prosecutors, and the general public might want to have you thrown under the jail because DWI is the popular “cause du-jour,” you still have rights that deserve to be protected.

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After over 20 years of dealing with all forms of DWI cases, we can help you no matter what the details of your case may be. You will benefit from our expertise and familiarity with the Tarrant County courts. To discuss your situation with one of our DWI experts, call us now for a free consultation at 1-855-427-0000 (toll free). If you prefer, send us an email by filling out the contact form at the top of this page. We’ll get back with you very quickly. And the moment we begin speaking, rest easy. Whether you decide to hire our attorneys or not, all consultations are fully confidential. You can tell us your tale and ask all the questions you need to make an informed decision on whether or not we’re the attorneys who are best for you. Then, we’ll answer your queries, share your legal options, and explain how we can effectively assist you in protecting your legal rights if you want to minimize the damage to your reputation and embarrassment to you and your family from your pending DWI case.