DWI/DUI
Georgetown Texas, Attorneys

Many people have the idea that not hiring an attorney and pleading guilty to their DWI charge will help to save them money in the long run. If this is you or someone you know
or love you should know that nothing could be further from
the truth. DWI convictions in Texas are expensive to say
the least. Did you know that the average cost for pleading guilty is at least about $5,000.00? And this does not factor
in how much your insurance company will surcharge you
once they learn about the verdict. They can charge you as
much as $1,000.00 a year for the three years following your conviction.

In addition, after your conviction, don't even think about getting another DWI ever. A conviction for a 2nd DWI offense will be more expensive and it will cary a mandatory jail sentense of 3 to 30 days.

Not very inexpensive is it?

Now that you have that disturbing picture in mind think about what would happen if you fight your case and win. Picture yourself keeping that DWI conviction off your record and avoiding all of the hassel and charges assosiated with a conviction. Now picture keeping you insurance rates closer to terra firma and you tell me if fighting the DWI charge isn't worth it.

Lets be honest, fighting your case won't be cheap. However, when wheighed against the cost of being convicted, you really can't afford not to hire an attorney to fight your charge. You are throwing your money down the drain if you don't.

If you have been charged with a DWI, in Williamson County, Texas you need to know your rights. The DWI lawyers with the Law Offices of Mark Morales and Associates, P.C. can provide you with a strong defense. We will gladly share with you our winning track record so please call us (512) 930-5511 or contact us using our online consultationrequest form to the right.

---

DWI and DUI

Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI) or driving under the influence (DUI), are frequently prosecuted criminal offenses in Texas. They are also subject to administrative penalties. If the alcohol concentration in a person's blood, breath or urine is .08 percent or higher, the person is considered intoxicated by law.

With some circumstances under the Texas DWI laws, the legal definition of intoxication is met even if a person's alcohol concentration is lower than .08 percent. Having alcohol, a drug or a controlled substance in one's body that causes loss of normal use of mental or physical faculties also is considered intoxication. If the person is operating a vehicle, vessel or even water skis in a public place, he or she is considered to be driving while intoxicated, which is a Class B misdemeanor in Texas. Boating or operating an aircraft while intoxicated also are crimes in Texas.

The minimum amount of jail time in Texas for driving while intoxicated is 72 hours, unless there is an open container of alcohol in the person's possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle also is an offense in Texas.

In addition to jail time, a person who is convicted of Texas DWI the first time will have his or her driver's license suspended for 90 days to one year. Even if there is no conviction, the positive indication of alcohol from a blood, breath or urine test will result in automatic suspension of the person's driver's license. The person also may be required to complete an alcohol educational program for those who have operated motor vehicles while intoxicated. A person who fails to complete such a program when sentenced to do so may lose his or her license. A subsequent DWI conviction will result in driver's license suspension for another 18 months. In order to get the license back after the suspension period is over, the person must pay $125.

Refusing to submit to a blood, breath or urine test in Texas also carries penalties. If an officer has reason to believe that a person is driving while intoxicated, and the driver refuses to submit to a test, the person's driver's license will be automatically suspended for a minimum of 90 days if the person is 21 years of age or older, and for at least one year if the person is under 21. The period of license suspension increases with every subsequent test that shows an alcohol concentration above the legal limit, and with each time a person refuses to submit to alcohol testing. For example, if a person refuses to be tested for intoxication and there has been an alcohol- or drug-related conviction or license suspension within the previous five years, the person will lose his or her license automatically for one year. Under any circumstances, however, the person is entitled to a hearing.

---

DWI Terminology:

Absorption Rate: The rate at which consumed alcohol finds its way into the blood stream. While alcohol sits in the stomach, its absorption is delayed. Absorption rate will be affected by how much was eaten, individual biologic differences, and what type of beverage was consumed. When drinking continues over a course of hours, both absorption and “burnoff” (metabolizing of alcohol) will be happening simultaneously.

Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.

BAC: Short for “blood alcohol concentration.” BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” All 50 states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. As of May of 2007, all 50 states have adopted 0.08% as the BAC limit.

Blood Test: A laboratory test that directly measures the percentage of alcohol content of the blood drawn from a DWI suspect.

Breath Test: A test of blood alcohol level that is derived from measuring the alcohol level of the suspect’s breath. It depends for its accuracy on the machine’s receiving air from deep in the lungs, and a mathematical formula is used to extrapolate the blood alcohol level from the lung-air alcohol level.

Breathalyzer: A portable machine used by law enforcement to measure the BAC of suspected drunk drivers.

Burnoff Rate: The rate at which alcohol in the body is metabolized. During burnoff, the blood alcohol level drops, giving rise to the “falling curve” term to describe the graph of the decrease in BA.

Chemical Test: As it relates to DUI, a test of the alcohol or drug concentration in a person's blood. A Breathalyzer, blood analysis, or urinalysis can be used as chemical tests for alcohol. If other drugs are suspected, a blood test or urine test is used.

Conditional License: A conditional license is a license granted “on condition” of something, such as completing a DUI course or alcohol treatment program. Once that “condition” has been met, a standard license is generally issued or reinstated.

Diversion: A court program that can suspend the prosecution of a criminal DWI charge in exchange for performing certain tasks, such as attending a drinking driver program. At the end of the period of successful diversion the charges are dismissed. This is less frequently used in DWI cases these days, but still exists in some states.

Driver Responsibility Tax: Some states charge those convicted of a DUI with an extra tax on top of fines and court costs. This usually consists of a tax that is payable to the state for three years after the incident occurred (e.g.: $250 per year for three years). In most cases, failure to pay the yearly assessment on time results in license suspension.

DUI School: DUI schools are typically drug and alcohol education programs designed to help you realize how dangerous drinking and driving is and to hopefully ensure you are not a repeat offender. Your state will likely have a list of approved schools for you to choose from.

DUI: Driving While Under the Influence. Just a different way of stating DWI.

DWI: Driving While Intoxicated. Just a different way of stating DUI.

Felony: A serious crime, such as murder, rape or burglary, for which there is a stricter sentence given than for a misdemeanor. Felonies are usually categorized by degrees. 1st degree felonies are the most serious class (with the highest fines and penalties), 2nd degree felonies are less serious, and so on. Many states treat DUIs that cause serious bodily injury as a 3rd degree felony. If there has been a death as a result of the DUI, it might be classified as a 1st or 2nd degree felony, depending upon the prosecutor and the situation. Some states elevate DWI to felony status even without an injury or death, if the suspect has a given number of prior DWI convictions. A felony can result in a sentence to state prison instead of county jail.

FST: Field Sobriety Test. A series of physical and mental coordination tests designed to help an officer decide if a driver is DWI. These may include walking the straight line, reciting the alphabet, standing still with feet together and arms extended, standing on one foot, etc. These are highly subjective, but if the officer concludes the driver was DWI, he will require a BA test. States seldom have statutes that penalize refusing to perform FST’s, but most will penalize refusal to take a Blood Alcohol Test with license suspension or other penalties.

High BAC: Threshold blood alcohol content for which maximum penalties and fines may apply, even on a first offense.

Ignition Interlock Device: An ignition interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit of .02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is located inside the vehicle, near the driver’s seat, and is connected to the engine's ignition system. Many states require that the device be used by those convicted of DUI.

Implied Consent Laws: Some states have implied consent laws. If you have a driver’s license in one of these states, you have, by implication, consented to have your blood alcohol concentration measured. In many states, you may refuse to take the test, but fines and license suspensions may be the result. In some states, an officer may not pull over drivers randomly to test them, but must have “probable cause” to believe the driver is DWI before pulling them over (such as observing “weaving”).

Intoxilyzer: A brand name for a blood alcohol breath testing machine.

License Revocation: A license revocation means your driving privileges have been cancelled. You will likely need to reapply for a driver's license after a designated length of time.

License Suspension: A license suspension means you may not drive for the period of your suspension. Driving privileges are typically administered by a state agency other than the court system. It could be the Secretary of State, the Department of Motor Vehicles or another agency. If your license is suspended, the suspension will likely take effect immediately upon arrest, and not upon conviction. Check your state’s laws. You, or your lawyer on your behalf, may be able to negotiate a limited suspension, meaning you may drive to and from work, but nowhere else.

Miranda Rights: The formal advisement that you have the right to remain silent and to have a lawyer present before answering questions, which police must recite prior to questioning someone who is in custody. Seldom relevant to DWI cases, because the police never arrest anyone until after questioning (Have you been drinking?), after the FSTs, and maybe even after the Blood Alcohol Testing. Of course, one does have the right not to answer questions like that one, or “How much have you had to drink? When?”, but no officer will advise you of that.

Misdemeanor: A crime less serious than a felony. Misdemeanors are sometimes categorized by degrees. 1st degree misdemeanors are the most serious class (with the highest fines and penalties), 2nd degree misdemeanors are less serious, and so on. Many states treat a first DUI conviction as a misdemeanor.

Open Container Laws: In some states, it is illegal to have an open container of alcohol in your vehicle. Many states have laws that make it illegal for drivers and passengers to have open containers in the vehicle.

Probation: When all or part of the required jail time is suspended in exchange for good behavior, as determined by checking in with a probation officer. Jail time may be reinstated if it is found the terms of probation are being violated. Some grants of probation are unsupervised, but a violation may be found after a new arrest.

Provisional (or Restricted) License: AA provisional license typically withholds certain license privileges. In a DUI context, a provisional license might be granted to someone to drive to and from work only, or to and from the court ordered drinking driver program.

Rising Curve Defense: A defense to DWI based upon the claim that the driver was not under the influence and did not have .08% blood alcohol when he or she was driving, but that it rose to that level after arrest due to the fact that alcohol was still being absorbed. Consequently, a long delay between being pulled over and having a BA test helps the suspect in many cases.

Sobriety Checkpoints: A system where law enforcement agencies select a particular location for a particular time period and systematically stop vehicles (for example, every third car) to investigate drivers for possible DWI. If any evidence of intoxication is noted, a detailed investigation ensues.

Urine Test: A laboratory chemical test of the suspect’s urine to determine the suspect’s blood alcohol level. Can be inaccurate because of the mixing of higher alcohol level urine from earlier with lower alcohol level urine closer to the driver’s being pulled over. Can give an artificially high reading for that reason.

Vehicle Impound/Immobilization: Vehicle impound is an option used by some states when there has been more than one DUI conviction. The vehicle may be seized, or an ignition interlock device may be installed on the steering wheel of the car, requiring the driver to pass a breath test using the device before he or she can start the vehicle and drive away.

Zero Tolerance BAC: Allowable blood alcohol content for minors (as defined by the state). This percentage can be as low as 0% (meaning no alcohol content may be detected-hence the term “zero tolerance.”) or as high as 0.02%.

---

DWI first offense charges under Texas criminal law

Drunk driving is a Class B misdemeanor on the first offense, punishable by 3 to 180 days in a county jail and/or a fine of not more than $2,000. However, even for a first offense, the charge increases under certain conditions:

* DWI with a minor - Driving while intoxicated when you have child under 15 in the vehicle is a state jail felony, punishable by 180 days to 2 years in a state jail and/or a fine of not more than $10,000.

* DWI assault - Seriously injuring another person while driving drunk is a third-degree felony, punishable by 2 to 10 years in a state prison and/or a fine of not more than $10,000.

* DWI manslaughter - Killing another person while drunk driving is a second-degree felony, punishable by 2 to 20 years in a state prison and/or a fine of not more than $10,000.

---

What Happens After A Dwi Arrest In Texas?

Administrative License Revocation: To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension(usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should requests the officer's presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.

lst Appearance: If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you, so that you do not have to attend. During this 30 day period, the case is sent to the County Attorney's office for further investigation. The County Attorney then prepares an information and files this with the County Clerk, and your case is set on the court's docket.

Pre­trial Conference: Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference will happen about 8­10 weeks after your 1st Appearance date.

Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre­trial conference.

Trial: You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.

Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.

---

 

Driving While Intoxicated

The Legal Limit. The legal limit for intoxication in Texas is .08 blood alcohol concentration (BAC). However, drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Texas also has a zero tolerance law. For anyone under 21, it is illegal to drive with any detectable amount of alcohol.

How Much is Too Much? Impairment begins with the first drink. Gender, body weight, the number of drinks consumed and the amount of food in one’s stomach affect the body’s ability to handle alcohol. Women, younger people and smaller people, whether male or female, often have lower tolerances.

What Happens If You're Stopped. If a law enforcement officer asks you to take a blood or breath test to measure how much alcohol is in your system, you should comply. If you refuse, you are subject to an automatic 180-day driver’s license suspension. Punishment for DWI varies depending on the number of times you've been convicted.

First Offense:
- up to a $2,000 fine
- 72 hours to 180 days in jail
- driver’s license suspension: 90 days to 1 year

Second Offense:
- up to a $4,000 fine
- 30 days to 1 year in jail
- driver’s license suspension: 180 days to 2 years

Third Offense:
- up to a $10,000 fine
- 2 to 10 years in penitentiary
- driver’s license suspension: 180 days to 2 years

If you’re under 21, here’s what happens the first time you are stopped for drinking and driving.

60-day driver’s license suspension
up to a $500 fine
20 to 40 hours of community service
mandatory attendance in alcohol-awareness classes

Get caught drinking and driving a second or third time, and the penalties increase, including suspension of your driver’s license for up to 180 days. That’s called zero tolerance. It means “zero” alcohol. And that’s the law in Texas.

Excerpts taken from: TexasDWI.org