Texarkana DWI Attorney

Are You Facing Charges for Driving While Intoxicated in Texarkana? You Need to Speak With a Criminal Defense Attorney Today

Whenever someone is arrested and charged with Driving While Intoxicated anywhere in Texas or Arkansas, that person requires the assistance of a skilled and experienced drunken driving criminal attorney. However, when a person is arrested for DWI, the necessity of a Texarkana DWI lawyer who understands the laws and procedures of both Arkansas and Texas is an even greater necessity, since Texarkana straddles Bowie County in Texas and Miller County in Arkansas. Thus, if you’re arrested for DWI on one side of town, you will be subject to the laws of the Lone Star State, while your case will be tried in the Natural State on the other side of the tracks.

Do you have a legal question?
Enter your phone number below and let's talk.
-- 

Texarkana is the county seat of not one but two counties, so it’s not terribly difficult to locate a lawyer who is willing to take your case. However, you don’t need just any attorney but one who has spent years handling drunken driving cases on both sides of the border. You need someone who not only understands the ins and outs of drunken driving laws in Texas and Arkansas, but also the procedures and methods used in Bowie and Miller Counties. Both Texas and Arkansas have created drunken driving laws to punish those offenders who present the greatest threat to society, so for every crime there is a wide array of possible punishments. In order to get the best possible results to your case, you need a Texarkana DWI attorney who knows how to make the court see you as a minimal danger to the public. For more than 20 years, the attorneys at Grossman Law Offices have been finding ways to help people accused of drunken driving in both Texas and Arkansas. If there is any chance a client will be able to secure an acquittal, then we know how to make it happen. On the other hand, if the evidence against you is too great, then we will use our strong contacts in the Bowie County and Miller County prosecutors’ offices built through years of trying cases there to work out the most favorable plea agreement possible. Over the years, we’ve encountered practically every type of drunken driving case, so we will know the best way to proceed with yours no matter what the specific circumstances.

In the two decades we’ve been handling DWI cases, we’ve helped so many defendants that we likely know exactly what you’re feeling right now – confusion, anger, and fear for your future. We’ve also learned that we can assuage that fear by helping you learn more about the legal process involved with a DWI charge and the various punishments you could be assigned if convicted. Knowing that knowledge is power, we’ve provided you with this informative article detailing all of the specifics of DWI in both Texas and Arkansas. Anyone convicted of a DWI could be sent to prison, and will most assuredly be fined and lose driving privileges for a temporary basis. In order to limit the negative effect on your life if convicted, you need a Texarkana DWI lawyer who can work the gears of the court system to get you the best resolution. To find out how we can help you, call Grossman Law Offices today at 1-855-427-0000 (toll free) for a free consultation. We’re happy to answer all of your questions about DWI and explain your legal options. Until such a time as you make the decision to call, feel free to educate yourself about DWI. Only by understanding the legal process, can you make the right decisions for your future.

People Who Commit DWI Differ from Other Types of Criminals

While a bank robber or a murderer intends to hurt the victims of his crime, this is simply not the case with someone who commits DWI. Drunken drivers are usually law-abiding citizens who have just made a bad decision and have no intention of harming anyone. It’s important to remember that drinking too much alcohol impairs ones ability to make decisions, as well as, perform normal physical tasks. Thus, someone who has become intoxicated can no longer accurately determine if he or she can safely drive. Thus, the court takes into account this loss of faculties when doling out punishment for DWI and allows a wide range of punishment – only throwing the book at repeat offenders and those who injure or kill others in drunken accidents. Due to reality, it’s simply not possible to secure a not guilty verdict in every drunken driving case. However, if the evidence is stacked against you, a skilled and experienced Texarkana DWI lawyer can still work to make the court accept you as someone who made a one-time mistake, securing the lightest possible sentence.

Understanding the Rights of the Individual and the State in the United States

We can’t very well just jump right in to explaining DWI laws until we know that you understand the basics of the American legal system and your rights within it. We hope we’re not doing too much review from your high school government class. In the United States, the Constitution forms the basis of our legal system, providing the rights we’ve all come to hold dear – especially with the Bill of Rights, its first 10 amendments. You have rights the police must respected when pulling you over, questioning you, gathering evidence, and making an arrest. For you to be convicted, the prosecution must be able to prove your guilt beyond a reasonable doubt.

Just like you, the state has rights, with every level of jurisdiction – village, city, county, state, and federal – having the right to uphold its own community standards with the creation of its own laws and punishments for violators of those laws. The only caveats are that the laws created by each jurisdiction cannot tread upon the Constitutional rights of the individual or contradict the laws of a higher and overlapping jurisdiction. Let’s take a look at how different jurisdictions approach the issue of cell phone usage while driving to understand this concept better. Recent studies have shown that talking, and even worse texting, on a cell phone while driving makes the driver much, much more likely to get into a car accident. In fact, some people believe that texting and driving can be as dangerous as drinking and driving. In response to this problem, the Texas State Legislature attempted to ban cell phone usage in school zones back in September, but Governor Rick Perry vetoed the bill due to his push for smaller government regulation of the individual. Since Perry didn’t ban local jurisdictions from taking their own action, several cities and towns have taken it upon themselves to outlaw cell phone usage in school zones. Around the country, other jurisdictions have approached this problem differently. The states of New York and New Jersey have banned all usage of cell phones when not accompanied with a hands-free device. Thus, Mohawk County cannot decide to create its own law allowing cell phone usage while driving, since the state of a New York, a higher and overlapping jurisdiction, had already banned it.

When someone breaks a law and is convicted of the crime, whether it be driving through a school zone while texting or drunken driving, then the jurisdiction that created the law also has the right to create and apply the punishment for violating the law. Granted, this right is not unlimited – you can’t be sent to prison for six months for talking on a cell phone in a school zone. Additionally, the individual community where a law has been violated may determine the process by which the violator either pays a fine or contests his or her guilt. In some cases, the offender may pay by phone, Internet, or mail, but other jurisdictions require a personal appearance.

For grave crimes with national impact, like threatening the President or counterfeiting currency, the federal government has jurisdiction and is unbound by any border within the United States.

Do you have a legal question?
Enter your phone number below and let's talk.
-- 

Since the courts and judges of every jurisdiction have the right to create its own procedures and methods for holding court, lawyers have come to say that every court has its own personality. In this way, courts are like restaurants in a chain. Like courts that all dispense justice, all of the restaurants in the chain exist to sell the chain’s food. However, all of the chain’s restaurants will be slightly different. The way one cook prepares the food will taste different than another. The prices may vary slightly depending upon the market, and the layout of the restaurant will differ from one locale to another. Courts will also have slight differences from one court to another and to provide the best possible resolution to your case, you need a Texarkana DWI attorney who is familiar with the policies and practices of the courts in Bowie and Miller Counties.

While there is a ranger of punishment permitted for DWI in both Texas and Arkansas, some jurisdictions tend to push for the most severe punishments, while others are more lenient. Some may insist upon prison time, while others will only fine the violator, strip him or her of his or her driver’s license, and sentence him or her to probation. Thus, in order to get the possible outcome to your trial, you will need a Texarkana DWI lawyer protecting your rights.

If the evidence against you is infallible, you don’t need a lawyer to explain to you how you can benefit from negotiating a plea bargain – you will lessen the severity of your punishment. However, did you know that the prosecution also has something to gain from working out a plea agreement? District attorneys expect prosecutors to win cases – particularly hot-button cases that involve drunken driving. When prosecutors fail to win consistently, they’re usually dismissed quite quickly. This can be particularly unfair when you consider that the prosecution must rely on the competency of the arresting officer in order to secure a conviction. When the police violate the rights of the accused, err in gathering evidence, or simply fail to gather evidence at all, then the prosecutor pays the price in court. In some cases, savvy Texarkana DWI lawyers can convince a jury to ignore even the best evidence. Thus, a prosecutor can protect his or her reputation by arranging a plea bargain that guarantees a win.

How a Seasoned Texarkana DWI Lawyer Can Assist with Your Case

Lawmakers in both Arkansas and Texas crafted drunken driving laws with the intention of punishing offenders in accordance with the danger they presented to the general public; thus, repeat violators and people who harm others in car accidents receive the harshest penalties and punishments. However, the prosecution always seeks the maximum penalty until they learn that the individual defendant deserves more leniency. When you secure the guidance and assistance of a Texarkana DWI lawyer who has strong relationships in Bowie and Miller Counties, you stand the best chance of making the court accept you as someone who has just committed a lone error and presents very little danger to greater good.

At Grossman Law Offices, our Texarkana DWI lawyers have been assisting people accused of drunken driving for more than two decades both through fighting for their rights at trial and negotiating plea bargains out of court. Over the course of time, we’ve developed a method for handling drunken driving cases. We begin by sitting down with you and listening to your side of the story. We want you to tell us everything about the night you were arrested from the moment you went out until you were arrested. Additionally, we must insist that you’re honest with us in your telling of the tale, for if you misrepresent the facts, your lawyer will only devise a faulty trial strategy that will harm you in the long run. Once we’ve talked with you, we’re going to want to find out what evidence the prosecution has against you and what punishment they are seeking for you. The law requires the prosecution to share their information with the defense during a period called disclosure, but our strong reputation in both Bowie and Miller Counties only makes this process go easier. Once we have learned everything there is to know about your case, we can plan a strategy for providing the best possible outcome.

How DWI Cases Work

Now that we’ve given you some basic instruction about American law, we can begin explaining the specifics of DWI law. In all likelihood, you knew driving drunk was illegal in both Arkansas and Texas, and you probably already knew the standard for intoxication is a blood alcohol concentration of .08 percent. However, since driving under the influence of drugs is also illegal, both states recognize a second standard for DWI: when someone has become so intoxicated by drugs or alcohol to have lost his or her “normal physical and mental abilities.”

With a much more vague definition and no measurable proof, the state will have a much more difficult time proving this second standard in court. Over time, courts have come to recognize that this second standard applies to the normal behavior of the specific driver and not to what is normal for a typical driver. Since this is the case, how can a police officer know what is normal behavior for a driver that he or she has presumably just met?

To solve this problem, law enforcement agencies in both Texas and Arkansas train their officers to follow a mandated routine when pulling over, questioning, and arresting DWI suspects. In all cases, they are instructed to ask the driver to take a BAC test of some sort before making an arrest. In Texas, police have an even greater incentive to get a breathalyzer test from a suspect, as DWI laws changed in September of 2011, with the addition of the crime of Extreme or Aggravated DWI. Anyone with a BAC over .15 percent while driving in the state of Texas is subject to stiffer fines and penalties than someone who commits standard DWI with a BAC between .08 percent and .15 percent. Since the most severely drunken drivers tend to cause the most serious drunken driving accidents, Texas took action to punish them more severely. We will discuss this in more depth farther down in this article.

Whether you were blackout drunk when you were arrested or were only one drink over the limit, our Texarkana DWI attorneys at Grossman Law Offices can help you find the most favorable outcome to your case.

Is a Trial or a Plea Agreement in Your Best Interests?

Should the arresting officer’s methods or a inconsistencies with the evidence give us reason to attack the charges against you; we will definitely advise you to go to trial. In rare cases, there may even be so little evidence that we can get a judge to grant a summary judgment, tossing the case out of court and setting you free.

However, summary judgments are far from common in drunken driving cases, for most Arkansas and Texas police officers have been properly trained in how to make a DWI arrest and collect evidence, and they follow their time-tested training precisely. When an office notices a driver who is driving erratically, he or she will pull in behind the DWI suspect and begin recording video of the questionable vehicle on his police cruiser’s surveillance system. If the suspect continues operating his or her car in a dubious fashion, then the officer will turn on his lights and pull over the suspect’s car. Along the side of the road, the officer will position his car so the interview with the subject is captured on video and audio. When the officer begins questioning the suspect, he or she will follow the interview line he or she has been trained to ask, focusing on asking questions that may reveal whether or not the driver had been drinking. If the driver’s answers fuel the officer’s suspicions, then he or she will ask the driver to perform some form of field sobriety test(s). Declining to take the field sobriety test or refusing to take it then prompts the officer to ask the driver to take a breathalyzer test, explaining first that a refusal will result in the suspect’s arrest and revocation of his or her driver’s license. If the driver scores a BAC lower than .08 percent, then he or she will be free to go. Conversely, scoring above .08 percent leads to his or her immediate arrest. Although, a failed breathalyzer test doesn’t necessary mean your DWI fate has already been sealed. A clever and seasoned Texarkana DWI attorney may be able to find a reason to challenge the failed BAC test, as we will discuss in more depth later on in this article. In actuality, most people who fail BAC tests would be better off working out a plea agreement with the prosecution. If your lawyer contests a failed BAC test and isn’t able to convince the jury, then you will be looking at a far stiffer punishment than if you had agreed just agreed to a plea bargain. At Grossman Law Offices, our main focus is to take the legal action that best benefits our clients. That’s why we ask you be honest, for misrepresented facts will only prompt us to take the wrong course of action legally.

Blood Alcohol Concentration in DWI Cases

While you already know that the measurable standard for DWI is a BAC of .08 percent, do you know how law enforcement officers assess BAC? There are three different methods for determining BAC in Texas and Arkansas:

• Measuring the grams of alcohol per 100 milliliter of blood.
• Measuring the grams of alcohol per 67 milliliters of urine.
• Measuring the grams of alcohol per 210 milliliters of breath.

When out drinking all night long, not even a certified genius who constantly consults a drink conversion chart stands much a chance of accurately tracking his or her own level of intoxication. Eventually, even the most intelligent person will lose track of what he or she has had to drink once intoxication begins to set in. Beyond any argument, BAC tests are far more accurate than self monitoring, but no BAC test is completely full-proof. All of these tests base their formula on some form of average body chemistry for a normal person. Differentiations from the norm in that regard can lead to skewed test results, and a person could record an intoxicated BAC level by one testing method while being ruled legally sober by another.

Questioning the Reliability of BAC Test Results

For someone to be found guilty of DWI, the prosecution must be able to prove that the person was intoxicated while he or she was engaged in the act of driving any kind of motor vehicle – boats, ATVs, and motorbikes, as well as, cars and trucks. The problem in doing so is that BAC tests are seldom given immediately after a suspect is pulled over under suspicion of drunken driving. After questioning and a field sobriety test, a breathalyzer will take at least 30 minutes before it is administered, and when you factor in the time taken to revoke your license and drive you to the police station, a blood test is usually not administered for at least an hour and sometimes too after the traffic stop. Does such a test actually prove that the drive was drunk while he or she was driving?

Quite frankly, the answer is not always. The body is working to process the alcohol in its digestive and circulatory systems as the clock slowly ticks while the driver is waiting to take the BAC test. Exactly how fast the alcohol works through the driver’s system depends upon the speed of his or metabolism, his or her weight, the amount of food eaten before and during drinking, the types of alcohol consumed, and the speed of consumption. It’s possible that the elapsed time before a BAC test could help an intoxicated driver go scot free, or it could cause a technically innocent person to be charged with DWI. Say one person went out drinking with his or her friends, but this person took it fairly easy on the liquor for most of the night. Then, before going home, his person takes two Jaeger bombs. After leaving the bar, this person is immediately pulled over, but his or her BAC at the time is below the legal limit. In the ensuing time before taking a blood test, however, the alcohol seeps into the blood stream, causing the person’s BAC to rise above .08 percent. On the other hand, another person went out drinking and reached the legal level of intoxication but had the common sense to stop imbibing an hour or two before driving. This person is pulled over on the way home while legally intoxicated and submits to a blood test, but the passage of time allows this person’s BAC to drop below .08 percent, allowing him or her to beat the DWI charges.

Depending upon the circumstances of your DWI arrest, you may not be convicted of drunken driving just because you failed a BAC test. A savvy Texarkana DWI attorney who has been handling these cases for years may be able to help you determine whether your BAC test was legitimate or possibly questionable.

Texas Breathalyzer Tests

In a perfect world, law enforcement officers would administer blood testing only to assess whether or not a driver is drunk, because these are the most accurate tests and also permit the breath sample to be stored and re-tested if necessary. In case you didn’t know it already, this isn’t a perfect world. Blood tests cannot be safely or easily given along the side of the road, and as we’ve just explained, elapsed time can call into question the accuracy of blood testing.

Facing this problem, law enforcement agencies in both Arkansas and Texas turn to breathalyzer tests to grade BAC of DWI suspects in the field. In Texas, the breathalyzer test used by all officers is called the Intoxilyzer 5000, and it uses infrared light sensors to pick up trace amounts of alcohol on the breath then converts that information to an estimate of alcohol in the blood using the standard blood-to-breath ratio for the average human being. The first problem with this machine is that the computer technology that makes this calculation is 30 years old and unfit for a desktop computer, let alone a device that holds the fate of the driver. The Intoxilyzer 5000’s manufacturer does nothing to ease worries about its accuracy by refusing to guarantee its results, and only law enforcement officers are allowed to test its accuracy.

Not only can the Intoxilyzer 5000 mistaken harmless substances like asthma medication and fingernail polish for alcohol on the breath, but the very formulas the machine uses to estimate BAC are also flawed. The average human has a blood-to-breath ratio of 2,100 to 1, but who do you know who is actually average? Any given person’s blood-to-breath ratio can fluctuate as much as 1,000 parts in either direction from this norm. Thus, someone with an irregularly low blood-to-breath ratio will record an inaccurately high BAC when tested by the Intoxilyzer 5000, and someone with an abnormally high blood-to-breath ratio could test as legally sober when actually intoxicated. Some BAC testing experts believe such hand-held breathalyzers are inaccurate about 12.5 percent of the time.

While these problems with the Intoxilyzer 5000 are troublesome, they’re not nearly as maddening as the fact that this machine could be far more reliable if all of its functions were properly used by law enforcement. A much more reliable but not portable breath test can be performed called a gas chromatography test, and the Intoxilyzer can easily store breath samples, allowing this test to be administered on the sample later. In Texas, the Department of Public Safety doesn’t require officers to save the breath samples or perform the more reliable BAC test after the fact. One can only assume DWI convictions are more important than DWI justice to law enforcement agencies in Texas.

Though maddening to DWI defense attorneys, the Intoxilyzer 5000’s weaknesses may be able to strengthen your defense. Depending upon the specific details of your case, a seasoned and knowledgeable Texarkana DWI lawyer may be able to convince a jury that your breathalyzer test was inaccurate.

Crime and Punishment for DWI in Texas

While DWI punishments differ slightly in Arkansas (where they tend to be less severe overall), here is a list of DWI crimes and their corresponding punishments in the state of Texas. It’s important to remember that these laws and punitive measures have been put in place with the purpose of protecting the public’s well-being by assigning greater punishments to drunken drivers who pose the great danger – repeat offenders and those who harm others in hazardous drunken driving accidents. While all drunken driving crimes for adults entail possible prison time, probation will be offered instead for most offenders. Fulfillment of the terms of probation allows the offender to avoid going to jail. While we hope the circumstances of your case will permit an acquittal, we feel you also need to know the consequences of the contrary.

First-time DWI

When someone is convicted of DWI with a BAC ranging from .08-.15 percent, he or she has committed a Class B misdemeanor and could be sentenced to jail for as long as 180 days and fined as much as $2,000. Also, the driver’s license of the offender will be revoked for anywhere between 90 days and a year.

Extreme or Aggravated DWI

In order to combat the increased danger presented by severely intoxicated drivers, the state of Texas has passed a new law, creating a separate category of DWI and more severe punishments for anyone who records a BAC greater than .15 percent. Extreme or Aggravated DWI is deemed a Class A misdemeanor, and violators can be sentenced to a maximum of two years in prison and a fine as high as $4,000.

Second-time DWI

Since someone who commits a second DWI presents a greater threat to society, he or she could receive a more severe punishment for this Class A misdemeanor than for an initial DWI conviction. Punishment can include a driver’s license suspension of two years, a maximum fine of $4,000, and between 180 days and two years in jail.

Third-time DWI

When convicted drunken drivers refuse to reform and continue their dangerous habits, the punishments possible in the state of Texas get far more severe. A third DWI conviction carries a mandatory two-year driver’s license revocation, a maximum fine of $10,000, and a maximum prison sentence of 10 years.

Open Containers

In Texas, drivers are forbidden from having an open container holding alcohol in it while they are driving. When convicted DWI offenders also break this law, then they are subject to greater punishment added on to their sentence for the DWI – up to six days more in hail and $2,000 additional fines.

Driver’s License Surcharges in Texas

Once you’ve had your driver’s license revoked due to a DWI, you don’t automatically regain driving privileges when the suspension comes to an end. In order to drive again, you will have to pay an annual surcharge for each of the first three years after returning to driving, with the price of the surcharge depending both on the nature of this specific DWI and your past DWI history. A license suspension for a first DWI comes with an annual surcharge of $1,000, and that price goes up to $1,500 for a second DWI and $2,000 for a third. However, if the DWI offender committed Aggravated DWI with a BAC over .15 percent, then the surcharge doubles for all of the three years. Furthermore, convicted drunken drivers are expected to pay surcharges simultaneously when they incur multiple convictions in a three-year period. Therefore, surcharges of $5,000 regularly must be paid in this state, and it’s possible for an extremely irresponsible drunken driver to pay a surcharge of $9,000.

Intoxication Assault

When a drunken driver engages in a car accident that injures other people, he or she will be punished more severely since the state of Texas is dedicated to coming down more harshly against those who present a greater danger to the public. Intoxication assault is classified as a 3rd-degree felony and threatens a possible jail sentence as long as 10 years and a fine as much as $10,000. Worse, anyone convicted of intoxication assault must spend at least 30 days in jail before becoming eligible for probation. When someone convicts intoxication assault with a deadly weapon, then he or she is completely ineligible for probation.

Intoxication Manslaughter

The only drunken driving crime worse than intoxication assault in Texas is intoxication manslaughter, when someone is killed by a drunken driver. Thus, this 2nd-degree felony carries an even stricter penalty, with a possible jail term of 20 years and a maximum fine of $10,000. With intoxication manslaughter, convicted offenders are required to spend even more time behind bars, with at least 120 days in jail mandatory.

Community Supervised Probation

Disregarding intoxication assault and intoxication manslaughter for a moment, most other DWI offenders will be sentenced to community supervision instead of being sent to jail.

Though surely a more preferred option to prison, probation isn’t exactly a cup of tea, either. Probationers will be given certain parameters of their probation with which they are expected to comply, or they will be sent to prison for the entirety of their sentence. Conditions of probation usually include: meeting with a probation officer once a month, paying a supervisory fee of $50, following all laws, refraining from drinking alcohol, staying away from bad influences, maintaining constant employment, completing all community service obligations, attending and passing an alcohol awareness class, and paying all fees and fines on time. When the probationer meets with his or her probation officer, the probation officer will confirm that the offender is meeting all of these criteria. In many cases, the probationer may be required to take urine tests to confirm that he or she is abstaining from alcohol and drug usage, but that’s at the discretion of the probation officer. Some probation officers may also permit the probationer to report in alternating months, but that usually only happens when trust has been developed over several months of probation compliance. Even then, the probationer must still pay the monthly probation fees.

When someone has been convicted of multiple DWI offenses in Texas, the judge is likely to order the placement of an interlock device on the ignition system of the offender’s car. In order to start the car, the probationer will have to breathe into the interlock mechanism, which will detect any alcohol on the driver’s breath and lock the car down if any is detected. Another test cannot be performed for two hours after the failed test, and any failed test will be reported to the probation officer and could lead to the repeal of probation, sending the offender to prison for the entirety of his or her term. An interlock device is an embarrassing nuisance even when an offender manages to pass every interlock test. The probationer’s DWI history will be evident to anyone who gets into his or her car – bosses, clients, co-workers, romantic interests, and family members.

Only a miniscule fraction of DWI offenses can be expunged from the records of convicted offenders, and even those examples still leave a blemish on the driver’s record of the convicted offender, sending insurance rates soaring for the next 10 years.

DWI and Child Endangerment

When children have parents who drink and drive, those children are constantly subjected to danger because they can’t refuse to get in the backseat without incurring the wrath of a drunken parent. Thus, Texas seeks to look out for the interests of these children by creating a separate category of DWI called DWI with a Minor in the Vehicle that treats driving drunk with children in the car as a form of child endangerment and a state felony. When police suspect someone of this crime, they will even make an arrest without obtaining a BAC test, so they can do whatever possible to protect the children. Punishment for DWI with a minor in the vehicle can include a $10,000 fine and up to two years in prison, but the negative fallout from this conviction can be far greater than that doled out by the court, especially for single parents. Divorced parents could lose visitation rights, or have their ex-husband or ex-wife take away custody altogether. In some cases, Child Protective services could get involved, or parents and in-laws could be forced to take over custody of the children.

Simply put: if you have been charged with DWI with a minor in the vehicle, then the fate of your family could be in the balance with the resolution of your case. Therefore, you must seek out the counsel of a top-notch Texarkana DWI lawyer to help keep your children under your roof. No matter what type of DWI crime you have been charged with in Texas, you’d be much better off with a seasoned and savvy Texarkana DWI Lawyer in your corner.

Some More Information about Intoxication Assault and Intoxication Manslaughter

When someone has been killed or injured in a car accident, and the investigating officers believe alcohol may be involved, then all drivers in the wreck will be subjected to a blood test whether or not they consent to the test. In fact, this is one of several advantages the prosecution enjoys in intoxication manslaughter and intoxication assault situations. Additionally, most people think very poorly of drunken driving, so the jury will likely be prejudiced against anyone accused of killing or injuring anyone in a drunk driving accident. Finally, the burden of proof in an intoxication assault or intoxication manslaughter case is extremely easy to meet. The state need not prove the drunken driver intended to hurt the other person or even that he or she was the primary cause of the accident – only that the driver was drunk and involved in the accident. Considering the severe consequences of a conviction – $10,000 fines for either offense, at least 30 days and a possible 10 years in prison for intoxication assault, and at least 120 days and possibly 20 years in jail for intoxication manslaughter.

With those steep and enduring consequences for an intoxication manslaughter or intoxication assault conviction at risk, you simply must seek the guidance of a skilled and experienced Texarkana DWI attorney before tackling your legal situation when accused of one of these crimes in Texas.

Arkansas DWI Laws and Punishments

When someone violates DWI laws in Arkansas, the punishments are different. Here is a brief synopsis of some of these differences, for those of you who have been charged with a DWI in Arkansas.

First-time DWI in Arkansas

A first DWI conviction brings a possible jail sentence between one day and one year, a fine ranging from $150 to $1,000. Driver’s license suspensions fluctuate depending upon the nature of the offense. Refusing to take a breathalyzer or recording a BAC over .15 percent results in a 180-day revocation, while a BAC ranging from .08 percent to .15 percent results in a 120-day driver’s license suspension.

Second-time DWI in Arkansas

The punishment for a second DWI conviction in Arkansas entails a minimum of seven days in prison and a maximum of one year, but the convicted criminal can exchange 30 days of community service for the jail time. There’s also a fine of $3,000 if the offense occurred within the last 10 years of the first conviction and $400 if the initial DWI conviction occurred more than a decade ago. A second DWI conviction will also lead to a possible two-year driver’s license suspension, with a refused breathalyzer test leading to a mandatory license revocation of two years.

Third-time DWI Conviction in Arkansas

For a third DWI conviction, the offender will be sentenced to 90 days to a year in prison, with the days able to be exchanged for 90 days of community service. Fines can range from $900-$5,000, and driver’s license suspensions are 30 months for a failed BAC test and three years for a refused BAC test.

Fourth-time DWI Conviction in Arkansas

In Arkansas, DWI does not become a felony until the fourth conviction, with a prison sentence of 1-6 years. Offenders can work one year of community service in lieu of one year of jail time. Fines again range from $900-$5,000, and the offender’s driver’s license will be revoked for four years with no chance of obtaining a restricted license for work purposes.

The Suspect’s Rights When Questioned about a DWI

Just because you have are guaranteed the Freedom of Speech by the Constitution’s First Amendment doesn’t mean you should gripe out the police officer who pulls you over. Not only will a belligerent response anger the officer and inspire him or her to arrest you, but it will also make you appear intoxicated on the surveillance video being filmed. You’re much better off calmly and politely answering all of the questions posed to you by the police. The officer will only ask you to take a field sobriety test if you admit to drinking or slur your words and otherwise sound drunk when answering. Remember, the standard for intoxication when driving is whether or not the driver has lost “normal mental and physical ability. Thus, if you don’t feel that you could pass a field sobriety test under normal circumstances, like you’re 100 pounds overweight and don’t think you can balance on one foot, then you have every right to refuse to comply with an officer’s request. Just politely explain why you can’t take the test.

However, there is an important caveat to consider when taking this course of action – don’t try to get cute and refuse to take any field sobriety test. Doing so will make you look like you’ve got something to hide and will only confirm the jury’s suspicions when they see the video. Additionally, if you refuse several field sobriety tests, the officer has been instructed to move on and ask you to take a breathalyzer. Since breathalyzer tests can be 12.5 percent inaccurate, you may also refuse this test. Although, making that choice will result in the suspension of your driver’s license for 180 days. After being taken to jail, you can then demand a more accurate blood test. If you don’t, then the officer will likely attempt to acquire a warrant to extract your blood to be tested non-consensually, but that will require the consultation of a judge, when most judges are not on duty late at night when DWI arrests tend to occur.

In the state of Texas, more and more jurisdictions are starting to change their attitudes about extracting blood without the driver’s consent. Certain holiday weekends like New Year’s Eve, the Fourth of July, and Labor Day encourage drinking and thus have much higher rates of drunken driving. Thus, judges in many cities are authorizing police to extract blood without consent with warrants written before the weekend. The arresting officer need only insert the suspect’s information on the warrant before taking his or her blood for testing. In San Antonio, Bexar County has even decided to try this practice out during all weekends for a limited time. Thus, before you refuse a breathalyzer, you may want to consider what county you are in and what weekend it is. This is even more critical when the driver has been taking drugs on top of drinking alcohol. The blood test will provide proof of the drug usage that would have gone undetected on a breathalyzer test.

If you were arrested for failing a breathalyzer test or a blood test doomed you, then our Texarkana DWI attorneys can help you find the best possible resolution to your case.

Underage Drunken Driving in Texas

When it comes to most laws, someone is considered an adult when he or she turns 18, but the legal drinking age throughout this country is 21-years-old. Therefore, in terms of laws pertaining to alcohol, teens remain minors until turning 21. All minors are therefore forbidden from driving in Texas with any amount of alcohol in their systems, and minors who are proven to have less than .08 percent BAC while having some measureable amount of alcohol in their systems have committed the crime of Driving Under the Influence (DUI). For folks who haven’t always lived in Texas, this can be confusing for DUI is often used interchangeably with DWI and in some cases its used instead of the designation Texans use for DWI. In Arkansas, the laws are slightly different, and any minor with a BAC greater then .02 percent can be charged with DWI. Minors are not subjected to as severe punishments as adults who have committed DWI, but a DUI charge still requires the attention of an experienced Texarkana DWI lawyer.

When questioned about a DUI, minors’ rights closely mirror those of adults being questioned about DWIs. Questions can be met with silence, and field sobriety tests and breathalyzer tests can both be refused. Just as with DWI, however, there are consequences for minors who refuse to be breathalyzed. For a first DUI conviction, a refused breathalyzer will lead to loss of the offender’s driver’s license for 120 days, and that driver’s license revocation rises to 240 days for a second refused breathalyzer. When a minor fails a breathalyzer test by contrast, he or she will only lose his or her driver’s license for 60 days for a first-time offense. Whether the minor is on the Texas or Arkansas side of the border, he or she stands very little chance of sobering up enough to avoid being charged with DUI or DWI. In Texas, the minor will need to process all of the alcohol out of his or her system, while in Arkansas, he or she will need to drop his or her BAC below .02 percent, which is virtually impossible unless the suspect’s BAC was already quite low. For a second failed breathalyzer test in Texas, although, a DUI offender could lose his or her driver’s license for one year.

In Texas, the court can revoke a minor’s driver’s license permanently or send the minor to rehab if he or she appears to have a serious addiction to alcohol or drugs.

When a minor records a BAC over .08 percent but less than .15 percent, he or she can also be charged with DWI in Texas, and a BAC over .15 percent can lead to a charge of Extreme DWI. When such a minor is 17-years-old or older, he or she will be tried as an adult for a DWI, receiving the same punishment as anyone above the age of 21. When the minor is younger than 17, however, he or she could be sent to juvenile detention.

Texas Penalties for Minors

• First-time DUI - Upon being convicted of a first DUI, a Class C misdemeanor, a minor will be sentenced to 20-40 hours of community service and must complete 15 hours of alcohol awareness classes, passing a test before allowed to graduate. The minor’s parents must also attend all court sessions and could be ordered to accompany the minor to alcohol awareness class, as well. There’s one selling point to a first DUI – the minor can completely expunge the conviction from his or criminal record. If awarded deferred adjudication, the minor can then expunge the conviction after completing the deferred adjudication program and then turning 21.
• Second-time DUI in Texas - A second DUI conviction differs only slightly from the first. Community service hours increase to 60, and the crime can no longer be expunged, even though, deferred adjudication will still be offered. Additionally, the alcohol awareness class must be repeated.
• Third-time DUI in Texas - When minors refuse to learn their lessons and continue drinking and driving, then a third DUI conviction is upgraded to a Class B misdemeanor, carrying a possible prison sentence of 180 days for any minors older than 16 and fines of $500-$2,000.

Arkansas Penalties for Minors who Drive Drunk

• First-time DWI for Minors - First-time offenders in Arkansas will be ordered to complete community service at the discretion of the judge and fined between $100 and $500, and will have their driver’s license suspended for 90 days.
• Second-time DWI for Minors - Second-time offenders will be fined between $200-$1,000, must complete 30 days of community service, and will lose their driver’s licenses for one year.
• Third-time DWI for Minors - A minor who commits a third offense or more will be subjected to fines between $500 and $2,000, must complete 60 days of community service, and will lose their driver’s license for three years or until they turn 21, whichever period is longer.

  In order to return to driving after having his or her driver’s license suspended, a minor in Arkansas must complete an alcohol education program.

If you or your teenager daughter hadn’t made the unfortunate decision to drink and drive in Texarkana, then you wouldn’t be reading these very words right now. Take a step in the right direction of changing your fortune by securing the skilled guidance of a Texarkana DWI lawyer.

ALR Hearings After Your Driver’s License has Been Suspended in Texas

When a DWI suspect refuses a breathalyzer test in Texas, the police officer will revoke and confiscate his or her driver’s license immediately, but that doesn’t mean the issue has been entirely settled. He or she will issue the suspect a provisional license that runs for the next 40 days.

After being charged with DWI or DUI and losing his or her license, the driver will then receive notification by mail of the intention to revoke the license. Upon receipt of this notice, the driver has 15 days to request an Administrative License Revocation Hearing (ALR Hearing) at which his or her lawyer can try to convince the judge that the license should not be revoked.

Most of the time, the courts in Bowie County will be too overbooked to get your ALR Hearing scheduled within the 40 days offered by the temporary license. In that event, the license then extends until such a time as the hearing can be scheduled. In the event you were able to pass a blood test after declining the breathalyzer test, your attorney will likely be able to get the judge to overturn the revocation. If not and the officer appears in court to corroborate his or her evidence, then you will probably lose the ALR Hearing. Even then, you have 30 days to appeal and so doing extends the temporary license again for another 90 days. Also, if you are able to win your trial, then your driver’s license suspension will also likely be lifted.

If you have lost your license after declining to take a breathalyzer test, don’t also lose hope that you’re going to be able to continue driving. A clever and experienced Texarkana DWI lawyer may be able to get the court to overturn the driver’s license revocation.

Texas Occupational Driver’s Licenses

In the event your lawyer isn’t able to end your driver’s license suspension with an ALR Hearing, a seasoned Texarkana DWI attorney may still be able to get your driving privileges back, albeit, on a restricted basis. Let’s face it – public transportation in Texarkana and most similarly-sized cities in Texas aren’t sufficient to allow most people to get to work, and the state of Texas is sensitive to your need to work and provide for your family. Thus, Texas allows convicted drunken drivers who’ve lost their driver’s licenses to apply for Occupational Driver’s Licenses (ODLs). Arkansas also allows convicted DWI offenders to apply for restricted licenses. ODLs allow holders to drive to and from approved locations for the purposes of working or taking care of their children. They price tag for an ODL is expensive, and this type of restricted license forces the holder to track all of his or her driving on a travel log that tracks the date, intended destination, reason for the trip, departure time, return time, and miles driven. Moreover, successfully applying for an ODL requires knowledge of the procedures and practices of Bowie County. A failure to comply with the court’s expectations could lead to the offender failing to obtain clearance to travel to all necessary destinations – or even worse the denial of the ODL application altogether.

You need to know you’re going to be able to get to work legally, so find a Texarkana DWI attorney you can trust in order to apply for an ODL in Bowie County.

Public Intoxication in Comparison to DWI

Public Intoxication (PI) and DWI both share the drunkenness of the offender in common, but that’s about all. In fact, the two crimes define “intoxication” vastly differently. In terms of PI, the definition of intoxication is that the person has become so drunk as to present a danger to her or himself and others.

When investigating a DWI charge, Texas law enforcement officers follow a set protocol that has been proven over the years to be effective. That’s just not the case with PI, where a suspect is arrested entirely based upon an officer’s belief that he or she is so drunk as to present a danger to him or herself or others.

When someone is arrested for passing out on the sidewalk outside a bar, he or she is obviously presenting far less threat than someone who rammed into as bridge abutment with a sports utility vehicle. Since the offender presents far less danger, he or she receives far less punishment from the state of Texas. A Class C misdemeanor, PI carries no prison time as punishment, with those convicted fined just $500. The only reason someone accused of PI would need a lawyer is to fight an unfair charge, like in a case where prescription medication caused a reaction that was mistaken for intoxication. With DWI, anyone charged for the crime needs the assistance of a skilled and savvy Texarkana DWI lawyer.

Additional Tidbits about the Rights of DWI Suspects

In order to understand how the state rationalizes its actions in regard to DWI, one must first accept that driving is a privilege afforded by the state and not a right. When a driver refuses to comply with the state’s laws regarding driving – like taking a breathalyzer when asked by a law enforcement officer – then the state has the right to revoke that privilege. On the other side of this argument, consider what would occur if Texas didn’t attempt to force people into taking breathalyzer tests – nobody would. As a result, driving at night in Texas would be extraordinarily dangerous. Instead, drivers who refuse to take a breathalyzer have their driver’s licenses suspended and the refusal can be used against them in court. On the contrary, when a driver takes and fails a breathalyzer, a knowledgeable and crafty Texarkana DWI attorney may be able to discredit the validity of the test.

No matter what your reaction to being asked to take a breathalyzer test by a police officer, remember that all of your actions and statements are being recorded. Even the appearance of drunkenness could be potentially damning.

Do you have a legal question?
Enter your phone number below and let's talk.
-- 

Finally, you don’t have the “right to an attorney” when sitting by the side of the road and waiting for a police officer to approach your car. You only have the right to consult with a lawyer after you’ve been arrested and are being subjected to a criminal interrogation. On the other hand, you do always have the “right to remain silent” and can refuse to answer the police officer’s questions when you fear your answers may incriminate you. However, as we’ve stated, going silent will only make you appear guilty and infuriate the officer in whose hands your fate lies.

The Texarkana DWI Attorneys at Grossman Law Offices Know How to Help You

At Grossman Law Offices, our Texarkana drunken driving criminal attorneys have been helping Texans and Arkansans fight DWI and DUI charges for more than 20 years. We’ve encountered virtually every type of case and set of circumstances that can arise in drunken driving cases, and we’ve developed strong contacts within both Bowie and Miller Counties. We can help you out no matter what drunken driving crime with which you’ve been charged: if you got pulled over after too many margaritas at dinner with the kids in the backseat, or if you’re a teenager who had one beer and then saw the flashing lights in your rearview mirror, or if you refused a BAC test, or if you injured or killed someone in an drunken driving accident, or anything else – we can help you all. Once we’ve consulted with you and the prosecution, our massive DWI experience will enable our Texarkana DWI lawyers to know exactly what strategy to take. To find out what we can do to help you, call us now for a free and confidential consultation at 1-855-427-0000 (toll free). You will have a chance to ask all of the questions you have and discuss the specifics of your case. We’re here for you, so don’t go through this stressful process alone.