Tyler DWI Attorney

If You've Been Accused of Driving While Intoxicated in Tyler Texas, Call Grossman Law Offices Today

While Tyler is a fairly quiet city that is not known as a “party town,” law enforcement officers in this area have still be known to arrest a fairly high percentage of people who have been suspected of Driving While Intoxicated. If you or someone in your family has been arrested for DWI or some other form of drunken driving violation, then your best chance of securing the most favorable outcome to your case lies with securing the assistance of a clever, knowledgeable and well-seasoned Tyler DWI lawyer. Since Tyler is the seat of Smith County, it’s not very hard to find a lawyer to handle your case. However, you need an attorney who will help you secure the best possible outcome and not just walk you through court, hoping the judge and prosecutor will be lenient.

Punishments can vary greatly for the different DWI offenses, and Smith County has a unique approach to handling DWI cases just like any other jurisdiction. You need a Tyler DWI lawyer who has compiled experience both handling all sorts of drunken driving violations and dealing with the prosecutors in Smith County. At Grossman Law Offices, our Tyler DWI attorneys have been helping people deal with all sorts of DWI charges for more than 20 years. You have the opportunity to benefit from our massive experience and two decades of accumulate knowledge, so turn to us if you want to secure the best resolution to your case that circumstances allows.

After helping so many other Texans over the years, our attorneys sympathize with your state of mind right now – you’re shocked, scared, and unsure of how to move forward, just like anyone else who is in your shoes. Our experiences have taught us that the only way to feel more comfortable about your situation is by learning more about it. You need to know more about the upcoming criminal process and the possible punishments you might be facing. Granted, you’re probably already cognizant of the possibility you could go to jail, lose your license, or end up paying exorbitant penalties and fines. However, the punishment you face can be far greater than that imposed by the state. In fact, a DWI conviction can sully your reputation for many years to come, as any potential employer or romantic prospect could discover the conviction with a background check. In order to limit the negative fall-out and secure the best possible resolution to your situation, you need to secure the help of a knowledgeable and trustworthy Tyler DWI lawyer. Over the course of the last 20 years, the lawyers at Grossman Law Offices have helped hundreds of people whose lives have been shaken by drunken driving charges. Since we’ve seen so many different DWI scenarios, we’re confident we can help you with yours, no matter what the specific details of the case. Call us now for a free consolidation to ask any questions you may have and find out what we can do to assist you, at 1-855-427-0000 toll free. We’re available any time day or night.

Why DWI Offenders Differ from Other Criminals

In other situations in which someone has broken the law, the criminal usually does so intentionally and knowingly. A burglar spares little thought for those he or she is robbing. However, drunken drivers are not hardened criminals but normal everyday citizens who merely made a bad and irresponsible decision to drive after having too much to drink. You must remember that someone who has become intoxicated no longer has the ability to make rational decisions like whether or not he or she is still capable of driving. In other words, when anyone drinks and drives, he or she may surpass the legal level of intoxication and decide to drive anyway. This is not to say that people who commit DWI should go unpunished or merely get slap on the wrist – that’s not what we’re trying to say at all. DWI presents a great potential danger to society and needs to be curtailed. What we are saying is that the state takes into account the accidental nature of DWI and allows a great deal of flexibility in the administration of punishment to account for the individual threat to society presented by each drunken driving offender. In order to secure the most favorable outcome to your case, you must be able to convince the court that you are a one-time offender who made a single mistake and thus are deserving of leniency due to the lack of continued threat you present. If you’re innocent, then you will need a skilled Tyler DWI attorney to prove it. However, if the evidence against you is too insurmountable to overcome, you will still need an attorney with a strong understanding of DWI laws and even stronger relationships within the Smith County courts to secure the outcome that causes you as little long-term harm as possible.

Do I Understand the General Workings of Criminal Law in the United States?

Before we can inform you about the specific inner-workings of DWI criminal procedures, the attorneys at Grossman Law Offices must first make sure you have at least a basic understanding of criminal law in general in this country. You may already be aware of this information, and we only hope we’re not insulting you too much by reviewing it. The first ten amendments of the United States Constitution, known as the Bill of Rights, guarantees certain rights and privileges to all Americans, no matter what they may be accused of doing. When a law enforcement officer makes an arrest and investigates a crime, he or she must respect the rights of the accused. To secure a conviction, the prosecution must then prove the accused is guilty beyond a reasonable doubt.

Just like individuals, legal jurisdictions also enjoy rights at all levels – towns, cities, counties, states, and federally. So long as the jurisdiction respects the laws of superseding jurisdictions, it has the right to establish its own laws, procedures, and punishments. To examine this concept in more depth, let’s consider the issue of cell phone usage in school zones. Back in September, Texas Governor Rick Perry vetoed a bill that would have outlawed the use of cell phones while driving in any school zone throughout the state. While the state has yet to ban cell phone usage in school zones, many cities and town have taken it upon themselves to ban cell phone usage in school zones locally. Throughout the country, other states take much harsher views on the danger of cell phones and driving. New Jersey and New York have both made it illegal throughout their states to drive while using a cell phone unless a hands free device is in use. Every individual jurisdiction may make its own laws about cell phone usage and driving, so long as those laws do not conflict with those of a higher ruling body.

Additionally, within reasonable limits, each local jurisdiction may rule on the appropriate punishments for a crime when it has been violated on the local level and the procedures for how to administer that punishment. Smith County can’t send you to prison for 10 years for talking on a cell phone in a school zone, but the County can compel you to pay a fine by its requisite procedure. In one county, you may be able to do so by phone or Internet, but another may require that you appear in person. No matter what crime you have been accused of committing, you always have the option to ask for your day in court and fight the charges.

In the event of serious crimes, like a terrorist building a bomb in his or her basement, the federal court system takes over regardless of where the crime was committed.

The rights of jurisdictions aren’t just limited to laws and punishments, but each locale also has the right to establish its own procedures. Moreover, every judge enjoys the right to put his or her personal stamp on the way he or she runs his or her courtroom. More or less, each court has its own “personality.” This concept is more or less the same as with theaters. All theaters exist for the purpose of putting on a play, musical performance, or some other entertainment that can be viewed by the ticket-buying public. However, all theaters do this in different ways. Some will have more seats and balconies, and others will be smaller with no balconies. The refreshments offered will be different from one theater to another, as will the ticket prices, the acoustics, and the sight-lines from the seats. In much the same way, all courts exist for the same purpose – dispensing the law – but they all go about doing this in unique ways. In order to succeed with your case, you’re going to need a Tyler drunken driving lawyer who knows the personality of the Smith County courts and how they deal with various drunken driving offenses.

If found guilty of drunken driving, you could face very severe penalties – jail time, thousands of dollars in penalties and fines, and loss of your driving privileges. Up against such severe repercussions, you can’t make the mistake of trying to handle your own case or entrusting your fate to an attorney who’s still wet behind the ears. You need a well-seasoned and knowledgeable DWI lawyer who knows when the facts of a case call for a trial and when the evidence inspires plea negotiation. Obviously, a DWI offender who is guilty would be wise to accept a plea agreement and lessen his or her punishment. However, most people don’t realize that the prosecution also has significant motivation to work out a plea agreement and avoid a trial. Prosecutors are expected to win – especially when it comes to cases like drunken driving that carry such a negative stigma. If they rack up too many losses, then they won’t be prosecuting cases for too much longer. This reality increases in cruelty, when one considers that the prosecutor’s chances of success are dependent upon the investigating officer and how well he or she does his or her job when making the arrest and collecting the evidence. When evidence is ruled inadmissible or the rights of the accused have been tread upon, then the prosecutor won’t likely win at trial. In some instances in which a police officer has done his or her job infallibly, a skilled Tyler DWI lawyer can still convince a jury to rule in favor of the defendant. By working out a plea agreement, the prosecutor improves job security with a victory without incurring any chance of a loss.

What a Tyler Criminal DWI Attorney Can Do to Help You

The old saying, “justice is blind,” refers to the belief that the law ignores the background of the criminal when ruling, but that’s simply not the case when it comes to DWI offenders. The severity of the punishment in DWI crimes is directly related to the offender’s past DWI history and the severity of the current crime, as courts have a certain amount of latitude when dispensing a punishment. If the facts of the case likely preclude an acquittal, then you will a Tyler DWI attorney who is well-known in the Smith County courts to make sure the court views you as someone who just made a lone error and judgment and who presents very little continued threat to the general public. If no evidence is presented to convince the court to the contrary, it will assume every DWI offender presents a maximum risk and will thus seek the harshest punitive measures permissible.

At Grossman Law Offices, our Tyler drunken driving attorneys have been dealing with DWI criminal cases for more than two decades, so we’ve developed a reliable system for handling these cases. The first thing we’re going to want to do is sit down with you and listen to what you have to say. We want to know your side of the story about how you got arrested for drunken driving, and we must insist you be completely honest with us. We can’t devise an effective trial strategy based upon half-truths and deceptions. Doing so is as bad an idea as building a skyscraper out of Jenga blocks. Once we’ve heard everything you have to say, we then take advantage of the discovery period to contact the prosecution and learn what evidence they have in the case and what punishment they wish to seek. Once we know all of the facts from you and your opponent, then we decide whether you will achieve the best outcome by working out a plea bargain or by taking the case to court. If the evidence is too strong to overcome, then we will use our contacts within the Smith County courts to work out the best possible plea agreement. However, if the evidence is lacking in some respect, then we will go to court and fight for an acquittal. Regardless of which course of action we take, we always make sure our clients understand our reasoning in making the decision, and then we keep them up to date with any changes in the case as they arise. If our clients need to contact us, unlike other law firms who can only be found when money exchanges hands, we get back to them as soon as time permits.

More Information about DWI and Various Other Offenses Involving Drunken Driving

Now that we’ve discussed a little bit about how our firm handles a DWI case and the basics of American criminal law, now we can discuss the offense of Driving While Intoxicated and the many laws, punishments, and procedures involved with DWI.

Whether or not you’re someone who drinks alcohol regularly or not at all, you’re likely aware that its illegal in this country to operate a motor vehicle while intoxicated. Most adults (and many children) are additionally aware that the legal determinant of intoxication in Texas and the rest of the country is when someone has blood alcohol concentration (BAC) of .08 percent. However, Texas actually recognizes two definitions for what constitutes intoxication when it comes to DWI, one of which is the .08 percent BAC standard. However, the state of Texas has a second definition of intoxication in regard to DWI – when a person loses “normal physical and mental abilities.” This explains why the .08 percent BAC standard is imposed throughout the United States, since it is the point at which scientists have determined a person begins to lose mental and physical ability.

When it comes to convincing a court that a driver was drunk, the .08 percent BAC standard is measurable and provable, but the second definition is much harder to apply in a concrete fashion. The definition does not refer to what is normal for all drivers, but has come to be recognized through the course of common law to mean what is normal for the specific driver suspected of DWI. This presents the problem of how a police officer can differentiate between normal and abnormal behavior in a driver he or she is likely meeting for the first time?

With this ambiguity in the second definition, law enforcement officers know their conviction rate relies upon obtaining a failed BAC test. They know convictions are no likely based merely upon their own assertions that the driver was drunk. Beginning back in September, Texas law enforcement officers gained another reason for wanting to get a BAC test for any DWI suspect. That’s when a new law went into effect in Texas creating a separate category of DWI and more severe penalties for anyone convicted of driving while extremely intoxicated with a BAC in excess of .15 percent. This new crime is known as Extreme or Aggravated DWI and was created to address the fact that the most serious drunken driving accidents tend to be caused by the most severely drunken drivers. We will discuss this new law and its punishments in more depth later on this article.

Whether you failed a BAC test or were arrested merely on the police officer’s suspicions and whether your had a BAC of .09 or .19 percent the Tyler DWI attorneys at Grossman Law Offices can help you.

Drunken Driving Penalties in Texas

As we’ve already mentioned, the past DWI history of the convicted drunken driver and the severity of the harm caused by the crime both couple to determine the punishment assigned by the court. At Grossman Law Offices, our Tyler DWI law firm wants to provide you with a list of the different drunken driving crimes and the maximum punishments possible for each. Although, we want to make sure that you understand that these are all maximum punishments, and most DWI offenses allow for probation instead of jail time.

First-time DWI

When a driver receives his or her first DWI conviction with a BAC ranging between .08 and .15 percent, then that is classified as a Class B misdemeanor which is punishable with a maximum jail sentence of 180 days, a fine of up to $2,000, and loss of driver’s license for between 90 and 365 days.

Aggravated or Extreme DWI

However, when someone is convicted of DWI for the first time and has a BAC in excess of .15 percent, then that person has committed Extreme or Aggravated DWI and is punished more like a repeat offender. Extreme DWI carries a fine of up to $4,000 and a jail sentence as long as two years.

Second-time DWI

Classified as a Class A misdemeanor, being convicted of a DWI for a second time exposes the offender to the same punishments as an Extreme DWI.

Third-time DWI

The court begins to ratchet up the punitive measures if the drunken driver does not reform his or her ways. A third DWI conviction is considered a 3rd-degree felony, with a possible prison term of 10 years, a fine as high as $10,000, and a required driver’s license suspension of at least two years.

Open Containers

It’s illegal to drive a car with an open container holding alcohol anywhere in the cab of the vehicle, and if someone is doing so when he or she is stopped for suspicion of drunken driving, it only makes punishment worse. An open container adds six days of jail time for a convicted DWI offender and up to an additional fine of $2,000.

Surcharges for Driver’s Licenses

If you plan on getting back behind the wheel after your driver’s license suspension ends, then you’re looking at even more fines than those handed out with your sentence. The state of Texas believes it can discourage drunken driving by attacking the assets of drunken drivers. Thus, convicted drunken drivers must pay annual surcharges for three years after their driver’s license revocations end. For a first-time standard DWI, the surcharge is $1,000 per year, and that goes up to $1,500 per year for a second DWI conviction and $2,000 per year for a third. If any of these DWI convictions is classified as Extreme DWI, then the surcharge doubles for each of the three years. In addition, the fines accumulate if a driver receives more than one DWI conviction in a three-year period. Therefore, it’s possible for repeat drunken divers to have to pay as much as $9,000 per year to get back behind the wheel, and fines in excess of $5,000 are not unheard of.

Intoxication Assault

Like we’ve already explained, punishments for drunken driving offenses are designed to respond to the harm done by a drunken driver. When a drunken driver injures someone else in a car accident, then this is called intoxication assault and is classified as a 3rd-degree felony. The maximum prison sentence for intoxication assault is 10 years, and the fine can be as high as $10,000. Anyone convicted of intoxication assault is required to spend at least 30 days in jail, and in the case of intoxication assault with a deadly weapon, probation is barred completely.

Intoxication Manslaughter

The only drunken driving offense taken more seriously than intoxication assault is intoxication manslaughter – when someone is killed in a drunken driving accident. Intoxication manslaughter is a 2nd-degree felony punishable with a maximum prison sentence of 20 years and a fine as high as $10,000. Just like with intoxication assault, time in prison is a mandatory requirement of an intoxication manslaughter conviction, but this time a much heftier prison mandate of at least 180 days.

Community Supervision

With the exceptions of intoxication assault and intoxication manslaughter, probation will be assigned to most convicted DWI offenders.

Excluding career criminals, probation is always preferable to prison; however, it’s still not something you’d want to do willing. You will be assigned to a probation officer and expected to report once a month, so the probation officer can verify that you have been maintaining all of the conditions of your probation, paying $50 every time as a supervisory fee. The conditions you will be expected to follow will be: refraining from breaking laws, abstaining from drinking alcohol and hanging out in drinking establishments, maintaining employment, fulfilling required community service time, paying all fines on schedule, and attending DWI education classes. Your probation officer will also likely require that you take drug and alcohol tests, but that will be at his or her discretion, with the likelihood increasing if the DWI also involved the use of drugs. In some instances, if a probationer develops rapport with the probation officer, then the probation officer may allow the probationer to report by mail most months, appearing in person only occasionally. However, this will be at the discretion of the individual probation officer. Failure to comply with any of these conditions could lead to the probationer being sent to prison for the entirety of the amount of time for which he or she was sentenced.

Upon getting arrested for a second or third DWI offense (arrested, not convicted) in a span of 10 years, then a condition of the bond to get out of jail will likely include an interlock device being installed on the ignition of the driver’s car. Before the car will start, the driver must then blow into it and have his or her BAC measured. If the driver has alcohol on his or her breath, then the car will not start and the interlock device will not allow another test for two hours. Moreover, the probation officer will be notified of the failed test. Even if the driver stops drinking and driving, the presence of the interlock device can be a nuisance, as it must be explained to working relations, as well as, any romantic interest.

In all but the rarest situations, drunken driving offenses cannot be expunged from the driver’s legal record. Even in the rare cases where this is possible, the conviction still remains on the driving record, causing inflated insurance rates for the next 10 years.

Now that you understand that there so many possibilities when it comes to DWI punishments and so much leeway when it comes to every punishment, perhaps you now see the necessity for a clever and experienced Tyler DWI attorney to help you with your case if you’ve been accused of drunken driving in Smith County. At Grossman Law Offices, we’ve spent more than two decades fighting for the rights of drunken drivers both in and out of the courtroom, so we have the expertise and ability to assist you, no matter what DWI charge has been filed against you. Our goal is always to secure a not guilty verdict, but we realize that’s’ not always possible and will always take every legal action possible to secure the best resolution for our clients.

Minors Under 21 DUI and DWI

When it comes to alcohol-related laws, the age of a minor differs than for all other laws. Normally, a person is considered an adult when he or she turns 18. However, in order to drink alcohol legally in every state in the United States, a person must be 21-years-old. Thus, in terms of alcohol laws, minors are anyone under the age of 21. While adults are prohibited from driving with a BAC level over .08 percent, minors may not drive with any amount of alcohol in their system. Minors who do get behind the wheel after drinking alcohol – even a half a beer or a sip of wine – are committing the crime of Driving Under the Influence (DUI). For those new to Texas, this can be a little hard to digest since many other states refer to adult drunken driving as DUI instead of DWI like in Texas. While the consequences of DUI charges are not as dire as those for DWI, you still need to seek the assistance of an experienced Tyler drunken driving attorney if you or your child has been accused of a DUI.

When pulled over and being questioned for a DUI, minors have the right to refuse to take a field sobriety test, if they feel they could not pass it under normal circumstances. Moreover, the minor can opt not to take a breathalyzer test, but this choice will result in his or her immediate arrest and loss of his or her driver’s license for 120 days for a first DUI and 240 days for a second. On the other hand, a failed breathalyzer test for a DUI only leads to a 60-day suspension of the teen’s driver’s license. For a suspected first offense, a teen that has been drinking anything at all is probably wise to agree to a breathalyzer test. Upon a second DUI conviction, a failed breathalyzer test can lead to a driver’s license suspension, so the same can not be said the second time around. Since any amount of alcohol in the system will lead to a failed breathalyzer test for a minor, it’s impossible for a suspect to refuse a breathalyzer in hopes of sobering up enough to pass a blood test. It simply won’t happen. Also, your lawyer won’t be able to argue the accuracy of a failed BAC test.

In the event the court determines that a minor is an alcoholic or a drug addict, then he or she could be ordered into rehab or lose his or her driver’s license until turning 21.

In addition to being charged with DUIs when driving while under the influence of any alcohol at all, minors whose BAC measure above .08 percent can be charged with DWI and those with BAC levels in excess of .15 percent can be arrested for Extreme DWI. Any minor between the ages of 17 and 20 who has been charged with DWI or Extreme DWI can be tried as an adult, and those under 17 can be sent to juvenile detention.

First-time DUI

Only classified as a Class C misdemeanor, a first-time DUI isn’t that serious of an offense, but it’s still nothing to celebrate. The minor’s parents or guardians will be forced to attend all court sessions, and if the minor is found guilty, he or she will have to work 20-40 hours of community service and go to 15 hours of court-ordered alcohol awareness classes. In the event the court feels the parents are contributing to the drinking problem, then they may be ordered to attend the class as well. The only positive to a first-time DUI is that it is the only drunken driving offense that can be completely removed from the offender’s record through an expunction. So long as the minor enters into a deferred adjudication program and completes the terms of probation, he or she can have the conviction expunged on his or her 21st birthday.

Second-time DUI

There are only minor differences between a first and a second DUI. First, while deferred adjudication is still allowed, the arrest can no longer be expunged from the offender’s record. Second, the required community service time increases to 60 hours.

Third-time DUI

When convicted of a third DUI and over 17-years-old, a minor will be treated essentially like an adult who has been convicted of a first-time DWI. A third DUI is a Class B misdemeanor, carrying a maximum penalty of 180 days in jail and a fine ranging from $500 to $2,000.

If you or your teenager hadn’t already made a poor choice, then you wouldn’t be sitting in front of your computer reading this article. Don’t make another bad decision by choosing to tackle this legal situation on your own or turning to an inexperienced attorney who can’t secure the best possible outcome to your case. You need a knowledgeable and experienced Tyler DWI lawyer who has the same familiarity with the courts of Smith County as with the numerous DWI laws.

DWI With a Minor in the Vehicle

Sadly, children have very few options when riding in the car with a parent who has had too much drink. They may not be conscious of the problem, and wouldn’t be able to stop their parents or demand to get out of the car if they did. The state of Texas realizes this dilemma, so it has created a separate law, DWI with a minor in the vehicle, in order to protect children from adults who drink while transporting them. Texas treats DWI with a minor in the vehicle like a form a child endangerment, classifying it as a form of child endangerment – a state felony carrying a maximum prison sentence of two years and a possible fine as high as $10,000. For single parents, the fallout from a DWI with a minor in the vehicle offense can be much greater. An ex-husband or wife could use the conviction to wrest custody of the child away or deny visitation rights. Moreover, child protective services could attempt to move the children into foster care. Also, when police suspect someone of DWI with a minor in the vehicle, they are much more likely to arrest the suspect without a BAC test, erring on the side of caution to protect the well-being of the children.

With the chance that your kids can be taken away from you, you need to protect yourself with an exceptional Tyler DWI attorney who knows the laws and the court system in which it is going to be tried.

Detecting Blood Alcohol Concentration in Texas

As we’ve already told you and you in all likelihood were already aware, .08 percent BAC is the legal level of drunkenness in Texas and all states in the union. In order to assess BAC in suspects, Texas law enforcement officers use one of three methods:

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

Even a mathematician with a genius-level I.Q. who’s armed with a drink conversion chart will have problems tracking his or her level of intoxication during a night of drinking. While BAC tests are surely more accurate than self-monitoring, they’re far from infallible, for all BAC tests base the formulas they use to calculate BAC on some form of standard for an average person’s body chemistry. However, most people differ from the average to some degree, so a person could test intoxicated by one means and legally sober by another. Also, a law enforcement officer doesn’t need a failed BAC test to arrest a DWI suspect – only the belief that the driver has lost his or her normal mental and physical abilities.

How BAC Tests can be Questionable

The passage of time often calls the accuracy and reliability of BAC tests into question. Even when a breathalyzer test is administered roadside, it can often take 45 minutes after the stop before the test is taken by the driver. Drivers can choose to take a blood test instead of a breathalyzer, but that test takes even longer to administer and usually cannot be given for at least an hour or 90 minutes after the traffic stop. For one thing, a BAC test given an hour after the traffic stop doesn’t prove that the driver was actually intoxicated at the time of he or she was driving.

For another thing, the amount of elapsed time throws off the accuracy of the reading. As time flies by, the driver’s body goes to work processing the alcohol in his or her system. The rate at which this occurs can be affected by the driver’s weight and body fat content, the speed of his or her metabolism, the types of alcohol that was consumed, and the speed at which it was drunk. By allowing a great deal of time to go by before administering a BAC test, the accuracy can swing wildly either for or against the defendant. For example, one driver goes out and enjoys several drinks but stops an hour or two before driving home. He or she is pulled over and asks to take a blood test, but that test is not administered for another hour. While the driver was drunk at the time of the stop, he or she manages to sober up enough to pass the BAC test before it is given. Another driver continues drinking right up until the time he or she gets in the car. While the driver was still below the legal level of intoxication at the time of the traffic stop, he or she becomes legally drunk before taking the BAC test 90 minutes later.

If you were arrested for a DWI due to a failed BAC test, then you need to meet with a skilled and experienced Tyler DWI attorney who can review the facts of your case and determine if the BAC test results were accurate or skewed by the passage of time. Only someone who has dealt with years of other drunken driving cases has the knowledge and expertise to help you make this determination. After more than two decades handling all sorts of drunken driving cases, the Tyler DWI lawyers at Grossman Law Offices know how to get questionable BAC test results thrown out of court or at the very least discounted by the jury.

Texas’ Breathalyzer Test of Choice

When compared to breathalyzer tests, bloods tests are far more reliable and have the added bonus of storing the test sample to be re-tested later. However, blood tests cannot practically and safely be given in the field, making them impractical for use by law enforcement officers. Therefore, police officers in Texas use the breathalyzer as the go-to BAC testing choice.

Moreover, Texas law enforcement agencies all use the same breathalyzer test machine --- the Intoxilyzer 5000. This machine only brings up more questions and concerns about BAC testing. The Intoxilyzer 5000 utilizes 30-year-old computer technology to measure the amount of alcohol on the breath using infrared light detectors. You wouldn’t rely on this technology to run an Internet search engine, but the state uses it to assess who is and who isn’t intoxicated. Making the reliance on this machine even more questionable, only law enforcement officers have the right to test its accuracy, and the manufacturer won’t guarantee its findings.

However, those concerns aren’t the biggest problems with the Intoxilyzer 5000. Some harmless substances like mouthwash have been known to set off a false positive, but an even greater problem arises from the method by which it calculates its results. In order to estimate BAC, the Intoxilyzer 5000 uses a formula based upon the average blood to breath ratio for a typical adult – 2,100/1. However, not all people have this blood to breath ratio, and it’s possible for a person’s blood to breath ratio to swing as much as 1,000 parts in either direction, causing someone with a low ratio to have an inaccurately high BAC and someone with a high ratio to have an inaccurately low BAC as reported by the Intoxilyzer.

What makes the use of the Intoxilyzer 5000 in the state of Texas truly maddening is the realization that it could be a much more accurate machine if all its capabilities were being utilized. The Intoxilyzer 5000 can store breath samples and then submit those samples to a much more accurate BAC test called a gas chromatography test at a later time. Not only does the Texas Department of Public Safety not require the gas chromatography test, but it won’t mandate that law enforcement officers must keep the breath samples. The only conclusion a rational person can draw from these facts is that the DPS would rather record as many DWI convictions as possible than take action to ensure all those convicted are actually guilty.

While the questionable nature of Intoxilyzer 5000 test results are likely making you angry at the moment, there is some good news that accompanies this realization. While a defendant who doesn’t have adequate representation might get convicted on the basis of a shady Intoxilyzer 5000 test result, our crafty Tyler DWI attorneys may be able to get the jury to disregard the test results after hearing about the concerns with the test’s accuracy.

Should You Arrange for a Plea Bargain or go to Trial?

As we told you earlier, securing the best outcome to your drunken driving case depends heavily on your honesty with your attorney, so your counsel can give you the best possible representation by devising the right strategy. If the time elapsed before the BAC test was taken was reasonable, and the state has extensive video detailing your guilt, then you likely want to arrange for a plea bargain. On the other hand, what if the police officer violated your rights in some way during the traffic stop, made you take unreasonably difficult field sobriety tests, or failed to collect sufficient evidence, then our attorneys will want to go to court and fight for an acquittal. If the state appears to lack any evidence, then we will move for a summary judgment, dismissing the case from court.

The problem with overcoming the evidence against a DWI suspect, is that law enforcement officers in the state of Texas have long-established and highly-effective methods for pulling over DWI suspects and collecting evidence against them. Officers are ardently trained in how to follow the department’s guidelines for investigating a DWI, and those who do not are severely disciplined. When officers suspect motorists of driving drunk, they’ll pull end behind the suspects, capturing them on the video camera installed in the cruiser. After detecting some sign of drunken driving on the video, the officer will position his or her cruiser in such a way that the video camera will tape the entire roadside interview between the officer and the driver. In order to assess whether or not a roadside sobriety test is in order, the officer will ask the driver some questions. If the driver sounds drunk when answering or admits to drinking, the officer will then ask him or her to complete a roadside sobriety test. Citing concerns that the driver lacks the ability to pass the test when completely sober, the driver can refuse to take the field sobriety test. If the driver declines the roadside sobriety test or performs poorly on it, then the officer asks the driver to take a breathalyzer test. A refusal here leads to an immediate driver’s license revocation. If the driver takes the test and scores under .08 percent BAC, then he or she is free to go. However, a failure of the breathalyzer test leads the driver’s arrest. While our drunken driving attorneys at Grossman Law Offices know we can get juries to overlook questionable BAC tests, that doesn’t mean that every jury is going to do so.

In most cases, a failed breathalyzer test means the offender would be wise to arrange for a plea bargain. If you attempt to challenge the BAC test and fail to convince the jury, you’re likely looking at a much harsher punishment. The prosecutor will punish you for wasting the court’s time and assets. If you’re looking for deferred adjudication and a lighter probation sentence, then a plea agreement is the way to go.

The Rights of the DWI Suspect and Accused

The First Amendment guarantees your right to “freedom of speech,” but that doesn’t mean you should say whatever you want when pulled over under suspicion of driving while intoxicated. Anyone who’s ever watched Cops knows this. Law enforcement officers are just trying to keep the roads of Tyler and Texas safe, so there’s no reason to lose your temper at them when they’re just doing their jobs. Besides, you’re almost always better off with a police officer if you are respectful. When asked to get out of your car you have the right to remain silent and ignore the questions. Although, spurning the officer will likely make him or her all that much more resolute to find a reason to arrest you. Moreover, you should always remember your behavior is being filmed and silence will make you appear very guilty to a jury watching the tape. When asked to perform a field sobriety test, you have the right to decline if you feel you could not normally pass the test. After all, the purpose of a roadside sobriety test is to determine if the driver has his or her “normal physical and mental abilities.” Thus, if you have dyslexia and you don’t think you could recite the alphabet backwards when asked, then you have the right to decline this field sobriety test. If you also have a bad knee, then you may have trouble standing on one leg while doing this.

However, you must also consider that the more different kinds of field sobriety tests you decline, the guiltier you look and the more likely the officer will then ask you to take a breathalyzer. You can also refuse a breathalyzer test, but this act will result in the immediate suspension of your license and your arrest. Once at the police station, you have the right to request a blood test. Should the blood test turn up that you were not legally drunk, then your license will be reinstated. In Texas, the officer will then attempt to obtain a search warrant to take your blood without your consent, but that’s not always viable since many DWI arrests occur late at night.

In certain counties around Texas (Smith is not currently one of them), judges give pre-consent on holiday weekends when drinking is more commonplace to extract blood for testing without the consent of drivers. A drunken driver who has also been using illegal drugs would be far better off submitting to a breathalyzer test that won’t reveal his or her drug usage than a blood test that will.

If you’ve been accused of drunken driving, the Tyler DWI lawyers at Grossman Law Offices can help you whether you failed a breathalyzer or a blood test or merely refused to take one. After more than 20 years handling all kinds of drunken driving cases, we’ve learned how to evaluate the evidence and determine correctly when BAC tests can be challenged.

More to Know About Intoxication Assault and Intoxication Manslaughter

When a suspect is accused of intoxication assault or intoxication manslaughter, his or her blood will be taken for BAC testing without his or her consent. The state is not responsible for establishing any malicious intent on the part of the driver, only that he or she was drunk at the time he or she was involved in an accident that injured or killed another person. If your BAC was over .08 percent in one of these cases, your average juror will find you guilty. An intoxication assault carries a prison term as long as 10 years, and intoxication manslaughter can result in 20 years behind bars, while both offenses come with maximum fines of $10,000.

With such severe consequences to pay, if you’ve been accused of intoxication assault or intoxication manslaughter, you will need a highly skilled and seasoned Tyler DWI attorney to obtain an acquittal. If the evidence against you is too strong, you’re going to need someone with inroads in the Smith County courts to lessen the blow you sustain in punishment.

ALR Hearing After a Driver’s License is Suspended

If a refused breathalyzer test leads to a driver’s license suspension, then that doesn’t necessarily mean that the driver has actually lost his or her driving privileges just yet. When the arresting officer revokes the license, he or she will issue a temporary license that is good for the next 40 days.

Then, the officer or the DPS will mail you notification of the driver’s license suspension, giving you 15 days to ask for an Administrative License Revocation Hearing (ALR Hearing) in which your lawyer can fight the revocation.

Since the 40-day temp license often runs its course before the ALR Hearing can be held, the license extends until the date of the hearing. If you declined a breathalyzer test only to pass a blood test, then you will have no trouble getting your license reinstated at the ALR Hearing. Your lawyer may also be able to get the revocation reversed for some other reason. However, if you lose the ALR Hearing, then you are still permitted 30 days to appeal. In so doing, the provisional license extends for an additional 90 days. If you are acquitted trial, then your driver’s license suspension will also be ended.

Don’t assume you’re done driving if your license was revoked. Call Grossman Law Offices, and we can schedule an ALR Hearing to fight for your right to drive.

Occupational Driver’s Licenses

Even if we can’t get your license reinstated with an ALR Hearing, our Tyler DWI lawyers may still be able to get you back behind the wheel. The state of Texas is sensitive to the realities of the world and understands that even convicted drunken drivers need a way of getting to work and school and taking care of their families. Let’s face it, finding a cab or a bus that can get you to work on time in Tyler is as close to impossible as it gets. Thus, even convicted drunken drivers have the right to apply for an Occupational Driver’s License (ODL) that enables the holder to drive to certain locations during working hours. However, an ODL does not give the holder unlimited rights. The driver must keep a log of wherever he or she drivers, tracking the date, the time of departure, the intended destination, the length of the trip, and the return time.

Furthermore, it’s not easy to obtain an ODL. They’re very expensive, and the Smith County court, like all jurisdictions, has a very specific method by which the ODL must be requested. Failing to do so correctly could result in the judge refusing to grant the request for the ODL. In order to make sure you can get to work without waiting for a bus that’s never going to come, then you need an experienced and local Tyler DWI attorney making your request for an ODL>

DWI is Completely Different from Public Intoxication

Not only are DWI and public intoxication (PI) two distinct and separate crimes, but the term “intoxication” is defined differently in relation to both offenses. We know the DWI definition, but “intoxication” when it comes to PI means that the person has become so intoxicated as to present a danger to him or herself or others.

In terms of DWI, police officers have a time-tested means for identifying, pursuing, and gathering evidence against offenders. But, the same standards are not in place for PI. In order for a suspect to be arrested for PI, a police officer must merely make the judgment call that the person presents a danger to him or herself.

DWI and PI also differentiate in terms of the penalties imposed on convicted offenders. Since someone who has fallen asleep in on a bench outside a bar presents a far smaller hazard to society than a drunk barreling down the highway in a heavy duty truck, PI carries far lesser punishment than DWI and is a Class C misdemeanor punished by only a $500 fine and no prison sentence. Unless your PI arrest was wrongful (for instance if you were having a reaction to medication), then there is very little reason to hire an attorney to fight a public intoxication charge. Just follow the court room procedure and pay the fine. However, you need the help of a skilled Tyler drunken driving attorney to take on any sort of DWI charge.

Your Rights When Pulled over for a DWI Stop

As we explained, you do enjoy rights when pulled over under suspicion of a DWI, but you must remember that driving is a privilege and not a right. Granted, you have the right to refuse to take a breathalyzer, but the state has the right to revoke your driving privileges in response to doing so. If the state didn’t do so, then nobody would agree to take a breathalyzer test. On top of punishing those who refuse breathalyzer tests, Texas also permits the prosecution to use that refusal as evidence in the trial. Considering the lesser suspension for those who fail breathalyzer tests, it’s often a better idea just to relent to being breathalyzed.

Also remember to always be on your best behavior because all of your actions are being captured on video and everything you say on audio. Appearing and sounding drunk can be just as damaging to your case and sounding and appearing sober can help it.

When you are pulled over, you don’t have the right to an attorney, not right away while you’re on the side of the road. No matter what lessons you’ve think you’ve gleaned from a lifetime of watching police dramas on TV, you only have the “right to an attorney” when being interrogated in a criminal investigation and not just during a routine traffic stop. However, as we’ve told you, you do retain the Miranda right “to remain silent.”

Grossman Law Offices Can Help You

At Grossman Law Offices, we know how to help you with your drunken driving case, because we’ve spent more than 20 years assisting other Texans who’ve been charged with all kinds of DWI offenses. We’ve accumulated years of experience both with DWI offenses and laws and with the procedures and policies of the Smith County courts. Since we’ve dealt with all kinds of cases, we’ll know how to advise you in dealing with yours. Other lawyers are only interested in how your money can help them, but we’re interested in helping you fight the charges against you.

You can take advantage of our immense experience and knowledge no matter what drunken driving charge you’re facing. If you’re a single mother who was charged with a DWI with a minor in the vehicle after having one glass of wine too many at dinner, then we can help. If you or your teenager got a DUI after drinking one beer, we can help. If you refused a breathalyzer, then we can help. If you injured, or heaven forbid, killed someone in a drunken driving accident, then we can help you. If you were charged with any drunken driving offense, then we can help you obtain the best possible resolution to your case. For a free consultation o discover how we can help you, call 1-855-427-0000 (toll free). After we’ve heard your story, we can begin trying to help you determine your best course of action.