Houston DWI Lawyer / Texas DUI Attorney
Do you need a Houston DWI lawyer? A fun night out with friends can end badly if you make a mistake in judgment and are picked up for DWI. The consequences of a DWI are farther-reaching than many people realize - from losing your license to possible jail time to high fines to increased insurance costs, the issues related to getting a DUI can affect many aspects of your life for a longer time than you might anticipate. You can choose to fight your DWI charges, however - all you need is the help of a good, dedicated, experienced DWI attorney in Houston.
You are probably confused. Your license was seized and you need someone to answer your questions. I am the attorney you are looking for. I focus on representing clients charged with DWI. After graduating from the University of Texas Law School in 1997, I started a criminal defense and immigration law firm in Houston, Texas. After handling 3000 criminal cases, I learned that clients charged with DWI need an attorney that focuses primarily on DWI, and I decided that DWI would be the focal point of my practice.
If I take your case, I will request an in-person Administrative License Revocation hearing (ALR) to challenge the suspension of your license. Some people request an ALR by phone. However, if you have an in-person hearing, we can subpoena the police officer to the hearing. If the officer does not appear and his report cannot be admitted into evidence, you win the hearing and your license is not suspended. If the officer does appear, we can look for weaknesses in his testimony. It takes about 6 weeks to obtain an ALR hearing. At the ALR hearing the DPS must prove the following: 1) there was reasonable suspicion to stop your car; 2) probable cause to arrest you; and 3) you were offered a breath test and either refused the test or failed it. If we do not win at the hearing, I will apply for an occupational driver's license for you.
If a hearing is not requested within 15 days, your license will automatically be suspended 40 days after your arrest, most likely for 90 days if you took the breath test or 180 days if you refused the exam. In that case, I will apply for an occupational driver's license for you.
After the ALR hearing, we will either request a jury trial or negotiate a plea bargain. Obviously, I will try and convince the state to dismiss your case. The three legal issues the state must prove are:
- if the police had reasonable suspicion to pull you over,
- if they had probable cause to arrest you; and
- if the state can prove beyond a reasonable doubt that you were operating a motor vehicle while intoxicated.
DWI is a crime that the jury can usually relate to. Most people have known someone who has been arrested for DWI. Therefore, I believe juries focus on two things at your trial. First, they want to know that you have learned your lesson. I will try to assure them that you were traumatized by this experience and that you will not drink and drive in the future. Second, the jury wants to know whether the state has proven that you were intoxicated beyond a reasonable doubt. The key in picking a jury is to find people who believe it is alright to have a drink and then drive, and then giving them information that causes them to have reasonable doubt about whether you were actually intoxicated.
To establish reasonable doubt, I will challenge the police officer that pulled you over. I will try and show your actions prove that you were not intoxicated. Also, I will challenge the field sobriety tests that the officer gave you. I have the manual the officer was trained with, which I will use to show that the officer did not administer the tests properly. If the tests were not administered properly, I will ask the judge to exclude the tests.
If you do not want a trial, I will try and negotiate best plea agreement possible. In the past, I have had cases reduced to reckless driving. I have also had clients only pay a fine. Every situation is different, however, so we will carefully review your case before I make a recommendation to you.
If you have been charged with any type of drunk driving offense in Houston, Harris County, Richmond, Fort Bend County, Angleton, Brazoria County, Galveston, Galveston County, Conroe, Montgomery County, Anahuac, Chambers County, Liberty, Liberty County, Beaumont, Jefferson County, Hempstead, Waller County, Huntsville, Walker County, contact a Houston DWI lawyer at the David A. Breston Law Office who can help you. Contact us today to see what our experience and dedication can do for you.
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