McAllen DWI Lawyer

If You’ve Been Charged with a Drunken Driving Offense in McAllen, then You Need the Help of a Skilled and Seasoned Texas DWI Attorney

McAllen, like most cities in Texas, has its share of people who make the decision to drink and drive; thus, local police officers make more than their share of Driving While Intoxicated arrests. If you’ve been charged with some form of drunken driving offense, then you will need the assistance of an experienced and aggressive McAllen DWI lawyer. McAllen is the seat of Hidalgo County, so it’s not exactly difficult to locate a lawyer who is willing to take your case. Anyone would be willing to take your money in exchange for walking you through the legal process. However, you’re facing serious consequences, and you need an experienced DWI lawyer who not only has handled many other DWI cases, but has familiarity with the Hidalgo County courts and is a known entity with its prosecutors.

No matter what DWI charge you’re facing, the court has a great deal of leeway in assigning a wide range of punishment. In order to secure the least damaging outcome, you will need the help of a McAllen DWI attorney who has perfected this legal process through years of experience like those at Grossman Law Offices. For more than two decades, we’ve been handling DWI cases, and we’ve seen virtually every possible kind of drunken driving offense. Thus, we know how to help you obtain the best resolution to your case that the facts allow.

After helping so many others who have been charged with DWI, we know how disorienting and intimidating it can be to face any kind of drunken driving charge. Thus, we have assembled this informative DWI article to help put your mind at ease by helping you learn about the upcoming legal process you are about to undertake. If you are convicted of a DWI, you face the possibility that you could be sentenced to jail and lose your driver’s license temporarily, and you can be assured that you will have to pay sizable penalties and fines. You may not realize that a DWI conviction will hurt your reputation for quite some time, as the modern world afford the opportunity for anyone to find out about your past with a quick background check on the Internet. Future employers, competitors, romantic interests, and perspective in-laws will all know you’re a convicted drunken driver. Your best chances of securing a legal resolution that you can live with is to secure the assistance of a time-tested McAllen drunken driving lawyer. Since we began handling drunken driving cases over 20 years ago, our McAllen DWI attorneys have encountered more or less every conceivable circumstance when it comes to drunken driving cases. Call us now for a free consultation and find out what options you have available by dialing 1-855-427-0000 (toll free).

The Difference Between DWI and Many Other Crimes is the Nature of the Criminal

In terms of most crime, the criminal breaks the law intentionally with the intent of hurting other people, but this is not the case with drunken driving offenders. Normal, law-abiding citizens commit drunken driving when they make the bad decision to get behind the wheel after drinking too much. Since intoxication impairs one’s ability to make decisions as well as perform normal physical actions, someone who has had too much to drink lacks the wherewithal to make an accurate decision of whether he or se can drive a car. Killers are treated like killers when they are sentenced by the court, but the state considers the circumstances when it comes to sentencing someone convicted of a DWI, taking into account the harm caused by the offense and the driver’s previous history of drunken driving. But, until a skilled McAllen DWI attorney can make the court see you as someone who just made a single err in judgment, the court will pursue the maximum sentence against you. If the facts of your case allow it, our attorneys can help you secure an acquittal. If on the other hand, that’s not possible, we can help you find the best possible resolution to your situation.

Criminal Law in the United States of America

Before delving further into the specifics of drunken driving litigation, we must first review the basics of American criminal law to make sure you have a foundation of understanding. We hope you’re not offended by this basic review. Every citizen in the United States receives certain rights guaranteed by the Constitution, especially the first 10 amendments, known as the Bill of Rights. No matter what crime a person has been charged with, the police must respect his or her rights when making the arrest and gathering evidence with an investigation. In order for the person to be found guilty of a crime, his or her guilt must be proven beyond a reasonable doubt in a court of law.

However, there is a flip side the rights of the individual – the rights of the state. Each jurisdiction – federal, state, county, city, and town – may enforce community moors with the creation of its own laws and regulations. To understand this concept better, let’s consider laws regarding the usage of cellular telephones within school zones. In September, the state of Texas nearly outlawed the usage of cell phones in school zones across the Lone Star State, but the law was vetoed by Governor Rick Perry. Still, many communities have taken it upon themselves to outlaw the use of cell phones in school zones; even though, the state ultimately chose not to do so. In some states, it’s illegal to drive at all while using a cell phone unless utilizing a hands-free device – New Jersey and New York come to mind.

When someone violates a local law regarding the use of a cell phone in a school zone, then the community that passed the law has the right, within limits, to assess the penalty. Obviously, you cannot be sentenced to jail for using a cell phone in a school zone. Moreover, the individual jurisdiction has the right to establish the policies and procedures by which an offender must pay the fine. While many communities allow fines to be paid over the Internet or by mail or phone, some still expect offenders to appear in person. If you feel as if the charge is unjust, then you can challenge it and get your day in court. However, again, you must follow the individual procedures of the jurisdiction in question.

When someone commits a crime that has national or global impact, like a building a bomb in his or her basement, then the federal court has jurisdiction, unbounded by any smaller jurisdiction in the country.

Beyond having the right to create and enforce its own laws, every jurisdiction and, on a smaller scale, every court has its own procedures and ways of conducting daily business. So long as they don’t directly dispute the policies of higher jurisdictions, judges have the right to say how their court will be run. Among lawyers, we actually say that every court has its own personality. Consider the analogy of churches. Every church exists for the same reason – to allow people a place worship and come together as a religious community. However, all churches, even those of the same denomination, operate in different fashions. They’re different sizes, they have different ceremonies, and their members all have different expectations of what a church should be. The same goes for courts. They all exist for the purpose of doling out justice, but they all go about achieving that end in vastly different ways. In order to secure an outcome to your case that you can accept, you need the help of a lawyer who knows the personality of the Hidalgo County courts.

If you are convicted of a DWI, then you will be fined heavily and lose your driver’s license for a period of time. Moreover, you face the prospect of being sentenced to prison, as well. When you’re facing such serious consequences, you can’t afford to risk handling your own case. While you have the right to argue your case in court, you may be much better served by arranging a plea bargain. You need an experienced and aggressive DWI attorney who can help you determine the best course of action. In many cases, the state may have almost as much incentive to work out a plea bargain as the accused. No, prosecutors aren’t sent to jail for losing a case. But if they lose too many cases, they’ll likely be sent to the unemployment line. What makes this precarious for prosecutors is that they must rely on the abilities of the law enforcement officer in order to adequately gather the evidence in order to build a case. Moreover, the law enforcement officer must respect the rights of the accused or any evidence he or she finds will be thrown out of court. Even when the arresting officer performs his or her job ably, a competent McAllen DWI lawyer may be able to get the jury to overlook the results of the blood alcohol concentration test. By arranging for a plea agreement, a prosecutor locks up a victory for the records without any risk at all.

How a McAllen DWI Lawyer Can be of Assistance

DWI laws in Texas are designed to punish wrongdoers in relation to the harm they’ve caused and may continue to cause. Thus, harsher penalties and punishments are reserved for those who present the greatest risk, those who harm others, and those with multiple DWI convictions. If your McAllen drunken driving lawyer can get the judge and jury to accept that you are generally a law-abiding citizen who made a lone mistake, then you will be able to get a much lighter punishment.

In the two decades we’ve been handling drunken driving cases, the McAllen drunken driving lawyers at Grossman Law Offices have handled virtually every kind of drunken driving offense – both in court trying them and out of court negotiating plea bargains. Like the police who investigate drunken driving offenses, our attorneys have developed tried and true methods for working drunken driving cases. Initially, we’re going to meet with you some place where you feel comfortable to discuss your case. We want to hear your side of the story, but we must insist that you tell the truth. If you misrepresent the facts, then we cannot devise an accurate strategy to secure the best possible resolution for your case. After we’ve heard your story, we’ll want to meet with the prosecutors to find out what evidence they have against you and what sentence they’re seeking. While they’re required to share their information, our strong-standing in Hidalgo County usually eases the process. Once we have all the facts, we can begin to determine whether going to court or arranging a plea bargain is the best course of action. This is why you must be honest, for misleading your lawyer will only lead to using the wrong trial strategy.

Basic Facts About DWI

Now that you have a stronger understanding of the law, we want you to know more about the laws and punishments involved with DWI.

Since you’ve Googled this article and are reading these words, you unfortunately already know driving while intoxicated is illegal in Texas. In all probability, you’ve known that for some time already. However, do you know what it means to be “intoxicated” in relation to DWI? In the state of Texas, intoxication has two separate meanings in relation to DWI – either the driver has lost his or her “normal physical and mental abilities,” or he or she had a blood alcohol concentration of .08 percent or above. If you’re wondering why .08 percent instead of .10 percent where it was before the late 1980s, it’s because this is the point at which studies have shown a person begins to lose physical abilities and decision making becomes labored.

When it comes to proving a driver’s level of intoxication in court, the vague definition of when the driver has lost normal mental and physical acuity is very hard to prove, and it relies entirely on the judgment of the police officer. Plus, the standard has come to be recognized as what is normal for that specific driver and not what is normal for the average driver. Obviously, how can a police officer know what is normal for a driver whom he or she has never met?

In order to prove their case in court, law enforcement officers are required to attempt to get some sort of a BAC test or a BAC test refusal before making an arrest. Moreover, in September, Texas law enforcement officers were given extra incentive to secure a breathalyzer test. The state changed its laws adding a new category of DWI for people with BAC in excess of .15 percent, called Extreme or Aggravated DWI because severely intoxicated drivers tend to cause the most dangerous drunken driving accidents. The purpose of the new law is to punish these offenders more severely than less drunken drivers to try to encourage them to behave more responsibly.

Whether you’ve been accused of standard of aggravated DWI, our McAllen DWI attorneys have the experience and ability to help you.

Going to Trial vs. a Plea Bargain

If the state’s case against you has any weaknesses or the arresting officer violated your rights in some way, then going to court is probably your best option. When the state’s case is particularly weak, a skilled and experienced McAllen DWI attorney may be able to get the judge to accept a summary judgment, tossing the case out of court.

In most cases, however, the state builds a sound case against drunken drivers. Law enforcement agencies are called upon to follow a very strict protocol that has been proven to provide the most infallible evidence. As soon as a law enforcement officer suspects a driver of being intoxicated, he pulls in behind the car and begins videotaping the car’s behavior with the dashboard camera in his or her cruiser. If the driver does anything erratic, then the officer will pull him or her over, positioning the cruiser to capture the entire interaction on the camera. When questioning the suspect, Texas law enforcement officers have very specific guidelines for questioning. If the driver sounds drunk when answering the questions, then the officer will request that the driver performs a field sobriety test. Anyone who chooses not to take the roadside test or struggles to perform the field sobriety test will be asked to take a breathalyzer. If the driver declines to take the test, then his or her driver’s license is revoked on the spot, and he or she is placed under arrest. If the driver takes the test and fails with a BAC in excess of .08 percent, then he will also be arrested. Should the driver pass the test, then he or she will be free to go home. Granted, breathalyzer tests are sometimes inaccurate and can be challenged in court. However, when the driver has failed a BAC test of some kind, he or she is likely better off arranging for a plea agreement. At Grossman Law Offices, we can sometimes successfully contest BAC results, but even the best arguments are occasionally rejected. We want to take the legal action that will enable our clients to enjoy the most favorable results to their difficult legal situation.

When you take a case to court and lose instead of plea bargaining, you usually pay for it with a much stiffer sentence applied by the court.

Texas DWI Penalties

As we’ve already explained, the punishment assigned to a convicted drunken driver can fluctuate depending upon the DWI history and harm caused by the driver. In most cases, prison sentences are permitted, but probation is far more commonplace. Here is a list of all the various DWI offenses and the maximum punishments that can accompany them:

First-time DWI

When a criminal is convicted of a DWI for the first time with a BAC below .15 percent, that’s classified as a Class B misdemeanor that comes with a driver’s license suspension between 90 and 365 days, a maximum fine of $2,000, and a jail sentence of up to 180 days.

Extreme DWI

Although, first time convicted drunken drivers who recorded a BAC of .15 percent of greater have committed a Class A misdemeanor, which sports a stiffer maximum fine of $4,000 and a jail sentence of up to two years.

Second-time DWI

A second DWI conviction is a Class A misdemeanor that essentially mirrors the maximum punishment of Extreme DWI – a $4,000 fine and between 180 days and two years in prison. However, this also carries a maximum driver’s license suspension of two years.

Third-time DWI

Since the state of Texas hopes DWI laws will stem drunken driving by offenders, those who do not reform are punished quite severely. A third-time DWI is classified as a 3rd-degree felony and is accompanied by a maximum prison sentence of 10 years, a fine as high as $10,000, and a mandatory driver’s license suspension of two years.

Open Containers

By making the mistake of driving with an open container holding alcohol, a driver only adds more to the punishment assigned to him or her for drunken driving – at least six more days in prison and an additional fine of $2,000.

Surcharges for Driver’s Licenses

If the convicted drunken driver wants to get back behind the wheel after his or driver’s license revocation has ended, then he or she will be forced to pay more penalties. The state of Texas charges a surcharge of $1,000 annually for three years in order to reinstate the suspended driver’s license of someone convicted of a first-time DWI. For a second DWI conviction, the annual surcharge rises to $1,500 for three years, and a third DWI conviction comes with a triennial surcharge of $2,000. When the driver has committed an extreme DWI, then the surcharge doubles. Moreover, repeat offenders in a three-year span must pay any overlapping surcharges in total. In other words, a particularly irresponsible drunken driver could have to pay $9,000 in a given year to legally drive again, while surcharges of $5,000 are not unheard of.

Intoxication Assault

As we have repeatedly mentioned, DWI laws are designed to punish those who cause greater harm. Thus, when a drunken driver injures others in an accident, he or she has committed intoxication assault, a 3rd-degree felony with a jail sentence of up to 10 years and a maximum fine of $10,000. Moreover, someone convicted of intoxication assault must spend at least 30 days in prison, and someone who is found guilty of intoxication assault with a deadly weapon is barred from probation entirely.

Intoxication Manslaughter

The only drunken driving offense treated more harshly than intoxication assault is the only drunken driving offense that creates more damage -- intoxication manslaughter, when someone is killed by a drunken driver. Classified as a 2nd-degree felony, intoxication manslaughter carries a maximum jail sentence of 20 years of which at least 120 days is mandatory, and a maximum fine of $10,000.

Community Supervision

While intoxication assault and intoxication manslaughter both feature mandatory jail time, most other drunken driving offenses will be punished solely with probation.

While any reasonable person would opt for probation over prison doesn’t mean probation I a piece of cake. In fact, probation comes with many requirements. If given probation, you will be assigned to a given probation officer with whom you will initially meet once a month, paying a supervisory fee of up to $60. The probation officer’s job is to verify that you are meeting all of the conditions of your probation, including: paying all fines and penalties as scheduled, refraining from drinking, holding down a steady job, staying away from drinking establishments and bad influences, meeting all community service obligations on time, and attending alcohol awareness class. If you fail to comply, your probation could be revoked, sending you to prison for the full term of your sentence. If you build a strong relationship with your probation officer, then he or she may permit you to report every-other-month in person, mailing in a probation report in alternate months. Although, this option is up to the probation officer, and not all permit this. The probation officer also has the option of requiring probationers to take a urine test to confirm he or she is refraining from drinking or using drugs, but this is far more likely if the offense involved drug usage.

Repeat convicted DWI offenders will also be required to install an interlock mechanism on the ignition of their cars. This device measures the breath of the driver and requires an alcohol-free sample before the car will start. If the interlock mechanism detects a drunken breath sample, then the car locks down for two hours before it will allow another test. Additionally, the probation officer receives notification of the failed test. Even when the convicted driver passes the interlock test, it’s incredibly embarrassing to use in front of business contacts or dates.

Only in the rarest instances can DWI convictions be expunged from the driver’s legal record, but it still remains on the permanent driver’s record, driving up insurance costs for years to come.

No matter what DWI crime with which you’ve been charged, the best way to secure a minimum sentence is to engage the assistance of clever and seasoned McAllen DWI attorney to guide you. After two decades of handling all sorts of drunken driving cases, the attorneys at Grossman Law Offices can help you find the best possible resolution to your case.

Blood Alcohol Concentration for DWI Cases in Texas

Before you were ever arrested for a DWI, you likely knew that .08 percent BAC was the established limit of intoxication in terms of DWI in Texas and the rest of the United States. To establish a suspect’s BAC, Texas law enforcement officers rely upon one of three methods:

• Measuring the grams of alcohol in 210 liters of breath.
• Measuring the grams of alcohol in 67 milliliters of urine.
• Or measuring the grams of alcohol in 100 milliliters of blood.

Someone who goes out for a night of drinking has very little chance of accurately tracking his or her level of intoxication, not even if the person is highly intelligent and carrying a drink conversion chart. Without a doubt, BAC tests are much more reliable benchmarks, but that by no means suggests BAC tests are infallible – far from it. All BAC tests come to their calculations by using formulas that rely upon the body chemistry of an average human being. When someone has abnormal body chemistry, skewed BAC test results can occur. A person could test a legally sober BAC of .07 percent by a blood test, but be legally drunk with a BAC of .09 percent on a breathalyzer test, or vice versa.

Explaining Breathalyzer Inaccuracies

Besides differences in body chemistry, elapsed time presents the biggest challenge to the accuracy of any form of BAC test. The more time that passes before a BAC test is given, the less accurate the test becomes. In order to prove that a driver was drunk, the state must establish that his or her BAC was over .08 percent while he or she was behind the wheel. In most cases, breathalyzer tests are not administered roadside until at least 30 minutes after the initial stop. A blood test won’t generally be taken until over an hour, sometimes as long as two hours, after the car was pulled over. Just because a driver tests intoxicated an hour after he or she was driving doesn’t mean the driver was drunk while behind the wheel.

In fact, time can disrupt the accuracy of a BAC test either in the favor of the driver or at his or her expense. Several factors effect how quickly a driver works alcohol through his or her system: the driver’s metabolism, his or her weight, the speed at which the alcohol was consumed, the amount of food that the driver ate, and the different types of drinks consumed. It’s possible for a driver to take a few last shots for the road right before getting behind the wheel. When he or she is pulled over a few minutes later, the driver is still technically sober. However, as 90 minutes pass by before the driver takes a blood test, the shots seep into the driver’s blood stream, causing his or her BAC to rise over .08 percent, resulting in a technically false positive for intoxication. On the other side of that coin, a responsible driver could have a few drinks with friends and actually was drunk when he or she got pulled over. However, as time ticks away before the blood test, the driver is able to sober up, causing his or her BAC to sink below the legal limit.

If you have been arrested for a DWI because you failed a BAC test, it doesn’t mean your case is necessarily lost. You need to sit down and discuss your case with a knowledgeable and experienced McAllen DWI attorney who can help you determine whether or not your BAC test was accurate or could possibly be challenged due to the passing of time or your irregular body chemistry.

Procedures for Roadside DWI Testing in Texas

While blood tests are much more reliable than breathalyzer tests and enable the test sample to be stored and liberally re-tested, unfortunately, they’re also impossible to give in the field due to safety concerns. When given later in the police station, the test results are muddled by elapsed time. Faced with this predicament, DWI protocol in Texas calls upon officers to attempt to administer breathalyzer tests along the side of the road.

In other to test the breath of suspects, Texas law enforcement officers turn to a machine that detects alcohol on the breath using infrared light sensors, called the Intoxilyzer 5000. Sadly, this machine functions using 30-year-old computer technology, making its results often suspect. You wouldn’t want a TV that’s over five years old, but Texas police officers depend upon such outdated technology to ferret out drunken drivers. The machine’s accuracy is all that much harder to accept when you consider that only law enforcement officers are permitted to test the machines, and the manufacturer of the Intoxilyzer 5000 refuses to guarantee its results.

Even considering all of this, the aspect of the Intoxilyzer 5000 that really drives our attorneys mad is that it has the capacity to be a far more reliable instrument. It can store breath samples, allowing for a more accurate test called a gas chromatography test to be conducted later to confirm the results or reveal them as unreliable. However, the Texas Department of Public Safety neither requires that officers store breath samples using the Intoxilyzer 5000 nor conduct the more reliable test at a practical time later. Apparently, convictions are more important that justice when it comes to DWI in Texas.

Even considering all of this, the aspect of the Intoxilyzer 5000 that really drives our attorneys mad is that it has the capacity to be a far more reliable instrument. It can store breath samples, allowing for a more accurate test called a gas chromatography test to be conducted later to confirm the results or reveal them as unreliable. However, the Texas Department of Public Safety neither requires that officers store breath samples using the Intoxilyzer 5000 nor conduct the more reliable test at a practical time later. Apparently, convictions are more important that justice when it comes to DWI in Texas.

What all this means is that you may have hope to beat the charges against you even if you failed a BAC test. Depending upon the facts of your case, the right McAllen drunken driving attorney may be able to convince the jury that your BAC test was flawed in some manner and should be overlooked.

The Rights of the Driver Who is Suspected of DWI

Of course the Bill of Rights guarantees your freedom of speech – right there in the First Amendment – but that doesn’t mean you have to give a piece of your mind to the police officer who pulls you over. In virtually every instance, your best bet is to remain calm and cordial, for saying something to antagonize the police officer will only fan the flames of the trouble you’re already in. While you have every right to decline to answer the officer’s questions, it’s a far better plan to answer his questions directly. Remember, everything you do is probably being videotaped by the officer’s cruiser. If your answers make you appear to possibly be intoxicated, then the officer’s next step is to ask you to take a field sobriety test designed to assess whether or not you have lost normal physical and mental ability. Although, you have every right to refuse to do so if you have concern that you would not be able to pass the test under normal circumstances. If you have had repeated knee surgeries on both knees, then you likely would not be able to balance on one leg while reciting the alphabet backwards no matter how sober you are.

With that being said, you’d be foolish to refuse several different field sobriety tests. If you’re being videotaped, you will appear to be very guilty. Moreover, if you won’t take a field sobriety test, then the officer’s next step will be to request that you take a breathalyzer. Since the Intoxilyzer 5000’s results are occasionally questionable, you have the right to turn down the test. However, you will immediately be arrested and your driver’s license revoked on the spot. After arriving at the police station, you can then request a blood test, which may be able to exonerate you at trial. If you won’t consent to a voluntary blood test, then the officer will probably try to acquired a warrant to draw your blood without your permission, but that’s not always possible since a judge is not always available.

Importantly, you should note that this process is starting to change in many communities throughout Texas. Many judges are now pre-authorizing officers to extract blood without the driver’s consent on certain holiday weekends when heavy drinking is more commonplace – New Year’s Eve, the Fourth of July, Thanksgiving, Christmas, etc. The officer just needs to fill in the blank with the driver’s name and background information on the warrant that has already been signed by the judge prior to the weekend. Bexar County in and around San Antonio has carried this a step further, and judges have authorized involuntary blood testing on every weekend throughout the remainder of the year. If a driver has been using drugs in addition to drinking, it’s important to know whether or not this rule is in effect. For a breathalyzer will not reveal this drug usage, while a blood test will.

Regardless of whether or not you failed a breathalyzer test or a blood test, or merely if you declined to take a BAC test, the McAllen DWI attorneys at Grossman Law Offices know how to help you find the best possible solution to your DWI case.

Underage Drunk Driving Criminal Lawyer

In terms of most laws in this country, minors are classified as anyone under 18-years-old. However, when it comes to laws pertaining to drinking, minors are classified as anyone under 21-years-old, since this is the established legal drinking age. Considering the fact that minors are not permitted to drink alcohol at all, they are not allowed to drive with any amount of alcohol in their systems. When a minor ignores this law, they have committed the crime of Driving Under the Influence (DUI). Our attorneys are aware that this might be very confusing for people who have come to Texas from other states where DUI refers to the crime we call DWI in Texas. DUI doesn’t come associated with the stiff penalties and punishment of DWI, but you will still need the assistance of a skilled and seasoned McAllen DWI attorney to find the best possible resolution if your or your teenager has been charged with a DUI.

Minors enjoy the same rights as adults when they’re stopped by a police officer and being questioned regarding a DUI: they may refuse to take a field sobriety test or a breathalyzer test. However, just as is the case with their older counterparts suspected of DWI, minors suspected of DUI will pay a price for refusing to cooperate – a driver’s license suspension of 120 days and immediate arrest for a first DUI and a 240-day license suspension for a refused breathalyzer for a second DUI. In contrast, a minor who fails a breathalyzer test for a DUI only has his or her driver’s license taken away fro 60 days. For a minor accused of a first DUI, taking the breathalyzer test is probably the best plan of action. Also of note, minors cannot hope the passage of time will get them off the hook with a blood test, since any amount of alcohol in the blood will lead to a DUI arrest. For a failed breathalyzer test on a second DUI, the maximum driver’s license suspension is one year, however.

When a minor appears to have a serious problem with alcohol or drugs, then the court has the option of ordering the offender into rehab or revoke his or her driver’s license until he or she turns 21.

Furthermore, minors are not immune to being charged with DWI if their BAC exceeds .08 percent and Extreme DWI for a BAC greater than .15 percent. Minors who are older than 16 will be tried as adults and face the same consequences, and those under 17 can be placed in juvenile detention.

First-time DUI

A first-time DUI is a Class C misdemeanor, which carries a punishment of 20-40 hours of mandatory community service, as well as, attendance through 15 hours of alcohol awareness classes. Parents are required to accompany accused minors in all court sessions and may also be ordered to attend alcohol awareness class with the minor. There is one positive to a first-time DUI – it’s the only drunken driving conviction that van be completely expunged from the offender’s record. The minor needs to receive and complete deferred adjudication prior to turning 21, and then he or she can apply for expunction upon his or her 21st birthday, wiping clean the criminal record.

Second-time DUI

There’s only a slight difference between the punishment involved in a second-time DUI and that of the first. Community service time extends to 60 hours, and while the offender can still obtain deferred adjudication, he or she can no longer expunge the conviction.

Third-time DUI

A third DUI is not treated nearly as lightly, as it is classified as a Class B misdemeanor, mirroring the punishment of an adult convicted of DWI. If the minor is 17 or older, he or she could be facing a prison sentence of up to 180 days, and all minors convicted of a third DUI could be fined $500-$2,000.

You or your teenager already made a poor decision, or you simply wouldn’t be reading these words right now. Failure to secure a time- and trial-tested trustworthy McAllen DWI attorney to deal with the fallout could be an even worse decision.

Texas DWI and Child Endangerment

Since children are not capable of getting out of the car once an adult charged with their care has become too intoxicated, the state of Texas takes action to protect them by creating a separate drunken driving offense called DWI with a minor in the vehicle which treats this crime like a form of child endangerment. DWI with a minor in the vehicle is a state felony which carries a hefty maximum fine of $10,000 and a possible jail sentence of two years. However, that’s only the beginning of the possible punishment. If you are a single parent, then a DWI with a minor in the vehicle conviction could lead to your ex attempting to wrest custody of the children or deny visitation rights to you. In some cases, Child Protective Services may even take the children into custody. In order to protect the children, police officers won’t refrain from arresting a suspect even when they don’t have a failed BAC test.

With the prospect of losing your children at risk, you must have the assistance of a top-notch McAllen DWI lawyer in order to protect your rights and keep your family in one piece if you’re facing DWI with a minor in the vehicle.

More Information on Intoxication Assault and Intoxication Manslaughter

Anyone who injures or kills another person in a car accident when he or she is suspected of drinking will have his or her blood taken for testing involuntarily. The prosecution enjoys this advantage on top of the fact that many jurors will respond negatively to such a egregious crime, creating a sizable prejudice. The prosecution’s burden of proof is also fairly easy to meet, since they must only show that the driver was drunk when the victim was injured or killed in the accident. If your attorney cannot overcome these disadvantages, then you could be forced to pay $10,000 in fines and be sentenced up to 10 years for an intoxication assault conviction and 20 years for intoxication manslaughter.

Unless you’ve just been charged with some form of minor moving violation, you need a lawyer on your side when you go to court to face any charge. To attempt to handle your own case when you’ve been charged with intoxication assault or intoxication manslaughter borders on lunacy considering the stiff consequences.

ALR Hearing After a Driver’s License Suspension

When a DWI suspect refuses to take a breathalyzer test, the police officer will immediately revoke that person’s driver’s license before placing the suspect under arrest. However, the officer will then issue a 40-day provisional license while the issue of the driver’s license revocation is settled.

In the weeks after your arrest, you will receive notification from the arresting officer or the DPS regarding your driver’s license revocation. Your attorney then has 15 days to formally request an Administrative License Revocation Hearing (or ALR Hearing) at which you can attempt to defend your ability to keep your license.

Since most courts will not be able to schedule your ALR Hearing within 40 days, the temporary license is extended until such a time as the hearing can be held. If you subsequently passed a blood test, then a good McAllen DWI attorney will have no trouble winning your ALR Hearing. However, if you’re unable to prevail, then you are afforded 30 days to appeal upon which time the provisional license extends for another 90 days. If you’re eventually found not-guilty, then your driver’s license will be reinstated.

Thus, if you refused a breathalyzer test and lost your driving privileges due to a DWI, call the McAllen DWI attorneys at Grossman Law Offices. We may be able to put you back in the driver’s seat.

Occupational Driver’s Licenses

In the unfortunate event that you are unable to win your ALR Hearing, our McAllen DWI lawyers at Grossman Law Offices may be able to help you avoid public transportation after all. The state is sympathetic to the reality that people who have been convicted of drinking and driving crimes need to be able to get to work and provide for their families. Thus, you are permitted to apply for an Occupational Driver’s License (ODL), which will return your right to drive, albeit, with great restrictions. An ODL is very expensive and it only permits the driver to use his or her car to get to pre-approved work-related destinations. Moreover, all travel by the holder of the ODL must be tracked in a log, detailing the date of the trip, the reason for the trip, the time of departure, the intended destination, the time of return, and the distance driven.

In order to succeed with applying for an ODL, you must follow the specific procedures and guidelines set forth by Hidalgo County. If you fail to apply properly for the ODL, then you could be denied travel to a location to which you need to go or possibly even denied the right to an ODL altogether. If you want to have the best chances possible of getting back behind the wheel, then you need the assistance of a skilled and experienced McAllen DWI attorney who knows the expectations of the Hidalgo County courts.

Public Intoxication Shares Very Little in Common with DWI Offenses

The only thing public intoxication (PI) and DWI have in common is the use of alcohol. The two crimes even define the word “intoxication” in very different ways. You know the DWI definition, but according to PI laws in Texas, a person is intoxicated when he or she has become so drunk as to represent a hazard to him or herself or others.

While a DWI investigation in Texas follows very specific guidelines put in place by the DPS, there is no definitive protocol for handling a public intoxication suspect. Police officers just rely on their own judgment call to determine whether or not someone’s level of drunkenness presents a danger to him or herself or others.

It doesn’t take someone with a degree in criminal justice to understand what a public intoxication offender presents less of a danger to society than someone who commits DWI. Someone who passes out in a bar is far less of a danger than a blackout drunk barreling down a residential street at 65 miles per hour. Thus, the punishment for PI is far less severe, classified as a Class C misdemeanor with no prison sentence and a monetary penalty of $500. You won’t need a lawyer to fight a PI charge unless you feel it wasn’t warranted. For instance, your reaction to medication was mistaken for drunkenness. Otherwise, you just pay he fine. When faced with a DWI charge, on the contrary, you need the guidance and leadership of a competent McAllen DWI lawyer.

Your Rights When Suspected of a DWI

Of course, you must first accept that driving is a privilege in this state and not an inalienable right. The state has every right to revoke your privilege to drive if you refuse its request for a breathalyzer test. Imagine what would happen if the state didn’t strong-arm DWI suspects into taking breathalyzer tests, using driving privileges as incentive – nobody would relent to the breathalyzer. As a result, all drunken drivers would go free. Not only is the threat of losing a driver’s license ample motivation for taking a breathalyzer, but a refusal can also be used as evidence against you at trial. On the other hand, a McAllen DWI attorney who knows what he or she is doing may be able to get the jury to ignore the BAC test results. Thus, DWI suspects are often better off agreeing to take the breathalyzer.

No matter course of action you take, it’s important to always remember that your behavior is being videotaped. Therefore, you want to behave as soberly as possible to help your own case.

When you’ve been stopped under suspicion of DWI, don’t make the mistake of assuming that you have “the right to an attorney,” as you’ve probably seen on cop shows for years. While you do have a right to legal representation, this doesn’t mean during a routine traffic stop. You only have the right to immediate legal representation when being interrogated. However, you do retain the Miranda right “to remain silent,” allowing you stand mute when questioned by the police. However, this tactic is ill-advised, since it will make you appear very guilty and enrage the arresting officer.

The McAllen DWI Lawyers at Grossman Law Offices Can Help

At Grossman Law Offices, our firm has dealt with hundreds of drunken driving offenses in the past two decades. Once we’ve heard the details of your case, we will know the best course of action for you to take by using our experience and instincts. Only the specific circumstances of your case will be able to determine whether a plea bargain or a trial is your best option. Our years of handling these cases hasn’t just prepared us to handle virtually every type of drunken driving case but also process the unique peculiarities of Hidalgo County procedure.

If you were involved in a drunken driving accident, then we can be of assistance. If you’re a teenager who got pulled over after drinking just one wine cooler, then we can be of assistance. If you’re a parent who got arrested for DWI with a minor in the car after one too many glasses of wine with dinner, then we can be of assistance. If you were arrested based upon a BAC test you believe to be suspect, then we can be of assistance. If you refused a breathalyzer test, then we can help you too. There is no drunken driving crime with which we cannot help you find the best possible resolution the circumstances will allow. When you bring us on your case, you receive the full brunt of our time, assets, resources, and knowledge compiled over more than 20 years handling DWI cases. To learn how we can be of assistance in your case, call us now for a free and private consultation at 1-855-427-0000 (toll free). After we’ve heard your story, we can begin helping you determine the best strategy for dealing with your case. Call now. You can’t afford to go through this alone.