Plano DWI Attorney

If You’ve Been Accused of a Driving While Intoxicated, then the Plano DWI Lawyers at Grossman Law Offices Can Help

Collin County is known for being one of the most conservative parts of Texas, so it should come as no surprise that the county is among the state’s leaders in DWI offenses per capita. As the fastest growing area of the Metroplex, that translates to a lot of people accused of DWI offenses in Plano, Allen, Frisco, and McKinney.

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If you have been charged with driving while intoxicated in Plano or elsewhere in Collin County, then you will need the help of a skilled and seasoned Plano DWI attorney who has spent time in McKinney at the Collin County courts. Only someone who has developed extensive familiarity with the procedures of the court and is a known entity among the prosecutors can secure the best possible resolution to your case. Of course, any attorney will take your money, hold your hand through the legal process and then hope for leniency as you are sentenced. You need someone who is going to treat your case like it matters. Michael Grossman and the Plano DWI lawyers at Grossman Law Offices approach every case like the unique entity that it is. We devote our time and insight to every client’s situation and do whatever we can to deliver the best possible outcome.

Not only will a conviction bring with it the surety that you will pay sizable fines and have your license suspended and the possibility you go to prison, but such a black mark on your record could cause problems with both present and future employers. If you don’t secure the best possible representation and devote your maximum effort to dealing with this situation, then you will regret it later. For 20 years, the Plano DWI attorneys At Grossman Law Offices have been dealing with all types of DWI cases in Plano, the rest of Collin County, and all over the Metroplex. 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 question a knowledgeable expert about your situation. We can clarify any legal principles you don’t understand and discuss your legal options.

Before you hire an attorney, you should know a little bit more about the essentials involved with DWI law, so you can make the right choices moving forward. You need to be well informed, or you stand little chance of securing a favorable outcome to your legal situation. Thus, we’re presenting you with this simple informative article detailing the basics of our criminal legal system, and the different DWI offenses. Once you’ve educated yourself better, you will feel more comfortable about the unfortunate situation in which you find yourself mired.

A Different Kind of Criminal

Differing dramatically from typical criminal trials, DWI trials are unique due to the nature of the criminal. Not an intentional, hardened criminal who intends to hurt others with his or her actions, DWI defendants are everyday Joes and Janes who just made one unfortunate bad decisions, leading to a crime. Alcohol impairs mental and physical ability no matter who you are or how accustomed to the consumption of alcohol you are. Anyone is capable of drinking too much and then losing the ability to reasonable decide if its still possible to drive home. While anyone who drinks can potentially be charged with a DWI, they’re still treated as criminals by the prosecution. Even for first offenses, anyone convicted could be sent to prison, and virtually everyone must pay hefty fines and penalties. There is very little chance you will hear the words “not guilty” or even obtain an acceptably lenient sentence without a Plano DWI attorney going to bat for you.

Understanding the Criminal Law Essentials

Before going into the specifics of the laws involved with drunken driving, we must first explain some of the basics of criminal law as a foundation upon which to build. To protect against unlawful prosecution from the state, all citizens of the United States are given certain rights by the Constitution, most notably within the Bill of Rights, the first 10 amendments of that most important of American historical documents. When police gather evidence, they must respect your rights, and the state must prove its case against you to deliver a conviction.

However, so long as towns, cities, counties, and states refrain from infringing upon constitutionally protected rights, they can create their own rules and regulations for governing their own communities. Speed limits are the easiest ways to illustrate this concept. When you drive down the highway, the speed limit often rises as high as 70 mph or drops as low as 55. Each community has the right to establish its own speed limits and the amount of the fines to impose when people violate those laws. When you get a speeding ticket, you must go to the court to fight the ticket or follow whatever procedures it has for mailing in payment or a request for defensive driving.

The United States federal government and court system governs more serious crimes, like building a bomb in your basement or trying to hijack an airplane, so there are no geographical limitations to justice within this country.

No matter what type of court a case is being tried in, there will be unique procedures specific to that 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. Let’s consider the analogy of 7-11’s to better grasp this concept. You probably have one in your neighborhood, and you have likely dropped into different locations around the state from time to time. While all 7-11’s are all part of the same franchise, they’re also all different in some way. One will have the Slurpee machine in one corner, and the next franchise might have it in another. In some of them, the hot-dog grill is manned by an attendant, and in others it’s self-served. Some 7-11’s sell beer, and others are located in dry neighborhoods. In some locations, the help is attentive and competent, and in others, they hardly understand the language. The same is true of each court in which a DWI case may be tried, the procedures of the court and the punishments it doles out alter depending upon the community. When you are charged with a Collin County DWI, you need a Plano DWI lawyer who has spent time in the courts in McKinney and has perfected the procedures and made him or herself known among the prosecutors.

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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 a case to court. 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 at risk, too. A few losses can negatively affect a prosecutor’s reputation, and too many will lead to the district attorney’s office looking for a new prosecutor. This is not necessarily fair for the prosecutors, they can only do their job well if the police have done their job thoroughly and legally. If the arresting officer did not take care to make sure the defendant’s rights were protected, or if insufficient evidence was found o warrant a conviction, the prosecutor’s reputation takes just as much of a hit as the arresting officer. Even when the prosecution has evidence, like a failed breathalyzer test, a clever attorney could get the jury to question the validity of the test or exclude it altogether. The prosecution needs to guarantee a statistical win, so it has just as much incentive to negotiate a plea agreement as the defendant.

How a Plano DWI Lawyer Can Help You with Your Case

In most DWI cases, justice is not black and white, and the courts afford for plenty of gray – particularly when it comes to applying punishment. Criminals should be punished according to the threat they present to society, so a wide range of punishment is possible for any particular crime to punish the habitual offender and the first-time criminal according to his or her own crime. 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 will be given ten years. Until your attorney forces the state to recognize the circumstances of your offense, the prosecution will assume the worst and seek the maximum sentence.

When you hire Grossman Law Offices, our Plano DWI attorneys will make sure the Collin County court views you as the person you are – somebody who just made a solitary mistake. Once you hire our firm, the first thing we’re going to want to do is hear you tell the story of what happened during your DWI in your own words. We must insist that you be truthful, or we won’t be able to mount the best defense possible. After we know your story, we’re going to want to find out what the prosecution has to say about the case. In a trial of any kind, both sides are forced to share their evidence during what is known as the discovery period. This process can be easily drawn out, but our excellent reputation in the Collin County courts and familiarity with the prosecutors eases the communication, streamlining the process of learning how strong their evidence is and what sentence they will pursue. Once we know how your side of the story meshes with the prosecution’s evidence, we can devise a strategy for how to move forward with your case. As we execute that strategy, we will make sure you are kept abreast of every development along the way, as we pursue the best possible resolution to your situation.

DWI Plea Bargains vs. Jury Trials and Other Options

As we’ve already mentioned, if you mislead your attorney about the facts of your case, then you’re only doing yourself a disservice. Your lawyer can’t devise an adequate strategy based upon lies, and that will only lead to harm done to your chances of securing the most favorable outcome to your case. If the prosecution doesn’t have much evidence, then you may want to go to court to force an acquittal. When the police have really dropped the ball when gathering evidence, the charges may even be outright dropped, enabling the defendant to expunge the arrest.

When it comes to most DWI offenses, however, the chances of the charges being dropped are negligible. Law enforcement agencies have developed methods over time, which are designed to produce viable evidence, and most police officers follow these procedures to a T. In all likelihood, the police officer positioned his vehicle to capture the entire roadside exchange on tape, and your drunken behavior has been documented, and you were asked to take some sort of blood alcohol concentration test. Whether you refused to take the test or you failed it, the state likely has evidence against you. You also must remember that the judge and jury are probably going to color you in a negative light before they even hear the evidence against you because most people do not think good thoughts about drunk drivers. Thus, it’s likely in your best interests to pursue a plea agreement.

If you agree to a plea bargain, then the prosecution has far more incentive to agree to a sentence involving deferred adjudication than they would be after a costly trial. Once you complete the prescribed community supervision period during deferred adjudication, the charges are officially dropped.

Again, it’s critical that you remain truthful with your lawyer, or there is very little point in having one.

Types of DWI Cases

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 Plano DWI attorney. Let us explain a little bit about the various kinds of DWI cases, so you can get a better idea of whether or not the circumstances of your case could lead to an innocent verdict.

In the United States, pretty much everyone understands that it’s illegal to drive a car while drunk. But, what does he law consider drunk to be? As it pertains to drunken driving, the term “intoxicated” has two definitions. A person can be ruled intoxicated if his or her BAC is greater than .08 percent, but he or she can also be ruled intoxicated if he or she loses “normal mental and physical” abilities due to the use of drugs, alcohol, or any combination of controlled substances while he or she is behind the wheel.

Indubitably, the second definition of intoxication 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. This creates a logical dilemma: how can the police officer know what normal is for you in order to make this determination?

Now, you see why police officers are so reliant on breathalyzers and other BAC tests because they’re trying to secure evidence that can lock down a conviction. The second standard is far too debatable to stand on its own in court. Moreover, a BAC test can be important in assessing the correct fines on the offender. 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 his or her driver’s license, but for any DWIs featuring a BAC of less .16 percent the surcharge is only $1,000 for three years.

If you have been charged with some form of drunken driving offense, the Plano 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 opinion of a law enforcement officer.

Your Rights in a DWI Case

The first rule of The Hitchhikers Guide to the Galaxy could just as well be the first rule of how to respond when pulled over under suspicion of drunken driving: don’t panic. It doesn’t pay to lose your cool or get angry with the police officer even if you haven’t been drinking. You will be asked to get out of your vehicle and submit to some field sobriety tests if the police officer suspects you might be intoxicated after he or she asks you a few questions or smells alcohol on your breath. Remember, the definition of intoxicated pertains to what you would normally be able to do when you are not drunk. Thus, if you honestly feel you couldn’t pass the fiend 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. Thus, this person would have every right to decline to do such a test when asked.

However, before taking this course of action, you should remember that it comes with a price. When you decline one roadside sobriety test, the officer will only ask you to take another one. Officers have been trained to request a breathalyzer from anyone who repeatedly declines to perform field sobriety tests. Citing concerns over the accuracy of these tests, you can refuse the breathalyzer too, but this has even more unpleasant fallout. When you decline a breathalyzer test, your driver’s license is immediately suspended, and you will be place under arrest. At the jail, you will be afforded the opportunity to take a blood test. If you refuse, then the office may attempt to get a warrant to extract your blood without your consent. However, in the middle of the night when most DWI traffic stops occur, the officer is not likely to be able to find an available judge.

However, this delay in securing a warrant might disappear entirely depending upon the time of year and the circumstances. Certain judges in certain jurisdictions authorize warrants to take suspected drunken driver’s blood without their consent for the purposes of BAC testing on certain holiday weekends when drunkenness is common – New Year’s Eve, Christmas, and the Fourth of July. Thus, they may very well be testing your BAC whether you like it or not. This problem is even worse for anyone who has been abusing illegal drugs to celebrate the holiday weekend. A breathalyzer test would not reveal this illegal behavior, but a blood test surely will.

If you have refused a BAC test or failed the one you took, then you need a seasoned and knowledgeable Plano 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 rights were safeguarded throughout the entire legal process.

Blood Alcohol Level in Texas DWI Cases

By now, you’ve like learned more than you ever wanted to about blood alcohol concentration (BAC). Like we have told you already, and you likely already knew: .08 percent BAC is the established legal limit for intoxication when driving a car. What this actually means is that the blood pumping through your veins has become .08 percent alcohol as a result of what you have had to drink. Tests have shown that .08 percent BAC is the point at which your normal physical and mental abilities become impaired, so this is the point the government has marked as the legal limit. Currently there are three ways of measuring BAC:

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

Unless you are a combination of Albert Einstein and W.C. Fields armed with a scientific calculator, it’s virtually impossible to monitor your own BAC as you continue to drink. The government’s methods of detecting your BAC level are 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. By one testing method, your BAC may be well over the legal limit, but by another you might not even be considered intoxicated. To explain, a breath test could detect a BAC of .07 percent, while a blood test rated the same person’s BAC at .09 percent. While it will be hard to prove in court, any police officer can arrest you for a DWI without testing your BAC. They can always claim that your “normal mental and physical” abilities were impaired; even though, that’s very difficult to establish beyond a reasonable doubt.

Breathalyzer Inaccuracies

Elapsed time only clouds the reliability of BAC tests further. In order to prove that a driver is guilty of a DWI, the state must be able to 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 45-90 minutes after the driver has been stopped and not immediately.

While not a large amount of time in the greater scheme of things, an hour can have a massive effect on the BAC of a driver. In that juncture, the driver’s body is processing alcohol through its system. Some people do this faster than others, with several facets of he driver’s body make-up and behavior impacting the process – weight of the driver, the speed at which the driver was consuming alcohol, the amount he or she had to eat that night, the various kinds of alcohol that he or she drank, and the consumption of illegal drugs. Depending upon the driver and the circumstances, a delayed BAC test could either help or hurt the defendant. It’s possible after being stopped that a driver could naturally flush some of the alcohol in his or her blood of his or her system, allowing his or her BAC to drop below the level of being legally intoxicated when the driver was in fact drunk at the time he or she was pulled over. On the other hand, it’s equally likely that the driver was not legally intoxicated at the time of the traffic stop but still had alcohol in his or her stomach that had yet to be processed into the system. In the ensuing hour before the BAC test, the blood absorbed the alcohol, and the driver’s BAC soared over the level of legal intoxication.

If your BAC test was taken too long after you were pulled over to maintain its accuracy, then a savvy and experienced Plano DWI attorney will make sure that evidence if excluded from your trial just the same as if it was illegally taken without your consent.

Texas DWI Testing Procedures

If the state relied upon blood tests, then BAC testing would be far more reliable. Not only are these tests more accurate, but they allow for the blood sample to be stored and re-tested in the event there is still a question about their validity. Unfortunately, blood tests cannot be given by the side of the road, creating a delay before they can be administered, which calls into question the accuracy of the tests. Breathalyzers may not be as accurate at blood tests, but they can be given in the field, making them the BAC test for Texas law enforcement.

Using an infrared light absorption method, the Intoxilyzer 5000 is the go-to breathalyzer for law enforcement officers in Texas. However, this machine is only slightly more advanced than an Intellivision, as it utilizes 30-year-old technology. Should it be a surprise that there are concerns about its accuracy?

To begin with, the Intoxilyzer 5000 has been known to mistake alcohol for other substances commonly found in the breath. However, that’s fairly rare. A much more glaring 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. However, it’s possible for someone to have a breath/blood ratio as high as 3100/1, who would have a BAC test score well below his or her actual BAC, or as low as 1100/1, who would have a BAC test score well above his or her actual BAC. The accuracy of BAC tests can also be thrown off by extremes in lung capacity, blood composition, height, weight, or muscle mass.

Making fears of inaccuracy with the Intoxilyzer 5000 even more disconcerting, only law enforcement officers may test the devices, and its manufacturer refuses to guarantee its findings.

What’s truly frustrating about the Intoxilyzer is that it has the capacity for much more reliable testing if the Texas Department of Public Safety would change its policies. The Intoxilyzer can store breath samples, which could then later be tested with a gas chromatographer, a foolproof testing procedure. However, the DPS neither requires a gas chromatographer to be performed, nor the breath sample be saved. What would happen if they did? Drivers who failed a BAC test might discover those tests were incorrect, allowing them to go free. It doesn’t take a genius to understand the DPS’ motivation. Apparently, they’re more concerned with convictions than equity.

Even law enforcement officers must admit 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 Plano DWI attorneys will listen to your story and assess your situation.

ALR Hearing After a DWI

Once you have refused to take a breathalyzer test, your driver’s license will be instantly revoked by the arresting officer. After taking your license, the officer will issue a provisional license that lasts for the next 40 days, but 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 a Administrative License Revocation Hearing (or an ALR hearing), in which your attorney can present evidence to try to get the license revocation overturned. If you do not file such a request within the prescribed 15 days, then you waive the right to an ALR hearing.

In most cases, the court will not be able to schedule your ALR hearing within the 40 days you have been allotted on the provisional driver’s license, for the Collin County courts are fairly clogged. Don’t worry, your provisional license extends until the date of the ALR hearing in the event this should occur. Should you lose your ALR hearing, you can appeal, but you must do so within the next 30 days, or you waive this right. By submitting an appeal, your provisional license is good for another 90 days. Filing for this appeal extends your provisional license for an extra 90 days. If you win the ALR hearing or subsequently your DWI trial, then the suspension is immediately ended and your license returned.

At Grossman Law Offices, our Plano DWI lawyers can put you back in the driver’s seat, so don’ panic if your driver’s license has been suspended or revoked.

Occupational Driver's Licenses

If you are convicted of a DWI, then your license is going to be suspended regardless of what happens with your ALR hearing. However, everybody needs to get to work, do the shopping, and take the kids to school, and the public transportation system in this state is far less than adequate for most people. Thus, the state of Texas allows anyone who has had his or her driver’s license revoked due to a DWI to apply for an Occupational Driver’s License (ODL). Having an ODL is better than taking the bus, but it’s a lot more expensive. The individual municipality will charge a fee to apply for the ODL, but it can run between $500-$1,000. Once you have an ODL, 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: date, intended destination, time you left, time you returned, purpose of the trip, and miles driven.

Your lawyer will need to draw up a special petition detailing the crime you committed, the type of license you need, and every purpose for which you will be needing to travel in order to convince the court to grant the ODL. While not as complicated as trying a case, applying for an ODL requires familiarity with the procedure. Otherwise, you risk alienating the judge. You have enough problems on your plate right now, and you shouldn’t have to be additionally worrying about how you’re going to get around. At Grossman Law Offices, our Plano DWI lawyers can give you one less thing to worry about. We can put you back behind the steering wheel by making sure you get an occupational driver’s license. If you’ve lost your license due to a DWI, then call us now.

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 the punitive measures depends upon the circumstances of the crime and the defendant’s previous DWI history. 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 vaults 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.

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Third-time DWI

Revolving door drunken drivers become felons upon the third conviction, which is classified as a third degree felony, punishable by a maximum sentence of 10 years in jail, a maximum fine of $10,000, and a mandatory driver’s license suspension of two years.

Open Containers

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.

Driver’s License Surcharges

You’re not out of the clear just yet. In order to reinstate your driver’s license once your suspension period ends, you’re going to have to pay another fine – what’s known as 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.

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 punished worse than a third-time DWI, with a prison sentence between two and ten years and a $10,000 fine.

Intoxication Manslaughter

Without a doubt, the worst DWI offense is intoxication manslaughter, 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 jail and a fine of $10,000.

Community Supervision

No matter how much time the maximum sentence might threaten, most people convicted of DWI offenses only receive probation. 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).

Granted, probation is a massive step up from prison, but it’s nothing to look forward to 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. You will definitely be required to pay a $50 supervisory fee every month. In Collin County, your probation officer will likely require that you report once a month. However, in other jurisdictions, probation officers may allow bi-monthly in-person reporting or even non-reporting probation. In months you don’t report in person, you merely need to mail in a form attesting that you have complied with the conditions of your probation. The other conditions of your probation will likely contain: adhering to the law, refraining from alcohol, paying all court fees and fines, working a certain number of community service hours, and attending and alcohol education classes. While you won’t have to do so every month, Collin County will likely expect you to take a few urine tests to confirm that you are abstaining from alcohol. If you have a history of drug and alcohol abuse, then there is a greater chance your probation officer will want you to pass drug and alcohol testing. If you should fail to meet any of the conditions of your probation, then your probation could be revoked, sending you to prison for the entire term of your sentence.

Or first DWI convictions, your state of inebriation will not be monitored prior to driving, but a second or third DWI conviction in 10 years or even a single intoxication manslaughter or intoxication assault conviction will lead to an interlock device being installed on your ignition. The driver must blow into this mechanism, and it immediately locks down the car if you are determined to have 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 device, it’s still torture – a constant reminder of the breathalyzer test that led to your conviction.

In all likelihood, a DWI conviction will be going on your permanent record, and you thought that threat ended when you left high school. Very few DWI offenses can be expunged from the driver’s record, forcing him or her to carry that stigma around for the rest of his or her life. In the rare instances where a DWI can be expunged from a criminal record, it cannot be removed from the driving record, leading to inflated insurances rates for 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 Plano DWI lawyer. At Grossman Law Offices, we’ve dealt with every kind of DWI case in the 20 years we’ve been practicing law in Collin County. No matter how or why you were arrested, we’re going to know how to help you.

Differences Between Public Intoxication and DWI

Don’t make the mistake of confusing DWI with the far less damning crime of public intoxication (PI) share. 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 be considered to be so drunk as to be a danger to him or herself or others.

Earlier in this article, we also discussed the established procedures for compiling evidence against a drunken driver and how most police officers religiously adhere to the rules of their department. For someone to be arrested for PI, conversely, 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. Thus, public intoxication is only a Class C misdemeanor, sporting a fine of $500 and no jail time. 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, on the contrary, then you are going to need the help of a seasoned and skilled Plano DWI attorney to help get an acquittal or at least limit the severity of your castigation.

Texas DWI & Child Endangerment

Children have to go where their parents take them without complaint, so the state of Texas has created DWI laws intended to protect children who cannot protect themselves. Thus, the state of Texas has enacted a charge of DWI with a minor in a vehicle, making it a crime of child endangerment and taking a strong stance against people driving drunk with children in the car by punishing the offense worse than a standard. DWI with a minor in the vehicle is punishable by up to two years in jail and a fine of $10,000, as it’s classified as a state felony. However, that’s only the tip of the iceberg for single parents. Should you get a DWI with a minor, then you stand a very strong chance of losing custody of your children to your ex-spouse or the state. 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.

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 law. If you are facing a charge of DWI with a minor in the vehicle, you can’t go into court with anything less than the best Plano DWI attorney you can find on your side. You’re not just fighting to stay out of prison or dodging hefty fines – you’re clawing to keep your family together. You need a clever and trial-tested attorney who knows how to question judgment and exaggerations of the arresting officer and the validity of BAC test. At Grossman Law Offices, we’ve helped other 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 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 only end up losing your children.

More on Texas Intoxication Assault and Manslaughter Charges

There’s an extremely negative stigma that accompanies intoxication assault and intoxication manslaughter charges just the same as with DWI with a minor in the vehicle. The penalties are harder for these crimes, and court only needs to prove that the driver was drunk and harm was done. No malicious intent must be established. As we’ve told you, the punishments are very hard – two to ten years for intoxication assault, 20 years of intoxication manslaughter, and fines of $10,000 for each offense.

It’s always said that people who represent themselves in court have fools for clients, but that’s never more true than when the defendant is facing 20 years in jail and a fine of $10,000. You don’t want to be the defendant the lawyers are laughing about. Only a Plano DWI attorney who has been around the block and is familiar both with DWI laws and Collin County procedures can devise and execute a trial strategy that will result in you achieving the best possible end to your case. At Grossman Law Offices, we’ve helped others accused of drunken driving in Collin County, and we can help you reduce the harmful impact of your arrest, as well.

Minors Under 21 DWI & DUI

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 this country, nobody under the age of 21 can operate any type of motor vehicle with any amount of alcohol in his or her system. For most other purposes in the United States, 18 is considered the age at which a person becomes an adult, but for drunken driving laws, a minor is anyone under the age of 21. A minor who gets behind the wheel with any alcohol at all in his or her system has committed Driving Under the Influence (DUI).

When it comes to rights, minors can refuse to take a field sobriety test or a breathalyzer just as if they are adults, but they will see the same consequences as people who are over 21 and do so. 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.

On the contrary, minors who are convicted of first DUIs after failing a breathalyzer test only receive a 60-day suspension of his or her driver’s license. However, a second DUI as a result of a failed breathalyzer leads to a driver’s license suspension of one year. Despite what most teenagers think, the right to drive is not inalienable. 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. Furthermore, in cases such as this or when drugs are a problem with a teen who repeatedly runs into trouble with DWI and DUI laws, the court can order rehabilitation.

In addition, teens who 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 prison 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.

First-time 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 in alcohol awareness class that makes your grandparents’ speeches about life in the 1950’s sound interesting. 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 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 DUI

Upgraded to a Class B misdemeanor, a third DUI , then that’s classified as a Class B misdemeanor, disallowing deferred adjudication. Moreover, as we’ve already mentioned, anyone older than 17 can receive a fine between $500 and $2,000 and a maximum sentence of 180 days in jail. However, probation is a strong likelihood.

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 regrets. Help yourself secure the best viable resolution to your case by calling a crafty and cagey Plano DWI attorney like those at Grossman Law Offices.

Your Rights When Suspected of a DWI

So long as you’re a U.S. citizen, your rights will be protected when you are accused of a DWI – after all, this crime doesn’t involve the Patriot Act. Remember, you can decline to take any field sobriety or BAC test, but the state then has the right to suspend your driver’s license. This might not seem fair initially, but you must remember that driving is a privilege and not a right. Moreover, for years suspected drunken drivers dodged justice by simply refusing to take the breathalyzer test. The state’s point is that only a guilty person would avoid a test that could clear his or her name. Not only can the state 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, but it can 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 your consent.

In order to encourage people to take breathalyzers, the driver’s license suspension is only 90 days when you willingly take and then fail the breathalyzer test.

Also, you should remember that everything you do or say is being recorded by the camera in the officer’s cruiser, whether you opt for taking or refusing the BAC test.

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’re being interrogated about a criminal offense and not just for 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, and you can remain absolutely silent as the police officer asks you questions. However, this won’t get you out of being arrested. While it might limit the amount of evidence the officer can collect, it could easily result in an obstruction of justice charge, as well.

Grossman Law Offices Can Help

At Grossman Law Offices, our Plano DWI attorneys have been handling criminal and civil DWI cases in Collin County for 20 years. Through trial and error, we’ve learned the ins and outs of DWI law and court procedure in Collin County. We don’t know the facts of your case, and couldn’t assure you of an innocent verdict even if we did. However, we can guarantee that we devote our full attention and resources to delivering the best possible result to your case that the circumstances warrant.

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We can help no matter what the circumstances of your DWI arrest – if you’re a minor who got stopped by a cop after just one beer, if you’re a father of four who had a couple too many beers and then got pulled over with the kids in the car driving home from the big game, if you’re an adult woman who had a BAC of .19 percent when she injured another driver in a wreck, if you refused a breathalyzer test and don’t know what will happen to you next. We will do our best to help all of you. After 20 years dealing with these cases, we can help you no matter what the details of your case. This is your opportunity to benefit from our expertise and familiarity with the Collin 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). Don’t worry – even before you agree to hire our attorneys, all consultations are kept confidential. We will give you the opportunity to tell your tale and ask us questions. Then, we’ll answer your queries, plot out your legal options, and explain how we an be of assistance. If you want to minimize the negative fallout from your case, you need to pick up the phone and call.