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LICENSE SUSPENSION PERIODS

GENERAL LICENSE SUSPENSION PERIODS ADULTS: Refusal of breath or blood test: 180 days for first offense. 2 years if previously suspended for last 10 years. Failure of breath or blood test: 90 days for first offense. 1 year if previously suspended for last 10 years. MINORS (Under 21 Years): Refusal of breath or blood test: 180 days for first […]

INTOXICATION ASSAULT

DWI LAWYER EXPLAINS INTOXICATION ASSAULT An Automatic Felony…Even the First DWI Texas law provides in Penal Code section 49.07 that: A person commits an offense if the person, by accident or mistake, while operating a motor vehicle, by reason of intoxication causes serious bodily injury to another. “Serious Bodily Injury” means injury that creates a substantial […]

INTOXICATION MANSLAUGHTER

DWI ATTORNEY EXPLAINS INTOXICATION MANSLAUGHTER This is by far the most tragic DWI classification. However, just as with Intoxication Assault, in defense of the criminally charged, even sober people unfortunately endure accidents which result in the death of one of the participants. This unfortunate event should not be a controlling issue in the DWI allegation. Texas […]

FLYING WHILE INTOXICATED

FLYING WHILE INTOXICATED DEFENSE LAWYER With the increase in population, more laws controlling our actions appear on the books. While a Flying While Intoxicated offense may seem ridiculous, laws have been enacted by the Texas Legislature to enforce safety on our airways. This case type is handled almost exactly the same as in an automobile. […]

PENALTY ENHANCEMENTS

INCREASED DWI PENALTIES If a person has been previously convicted of a DWI, the next unfortunate DWI is almost always advanced to the next penalty range. The first DWI is a Class B Misdemeanor. The next, a Class A Misdemeanor. The next is a third degree felony. The next is a second degree felony. Certain ‘criminal’ history allows for […]

PUBLIC INTOXICATION

TYLER DWI LAWYER EXPLAINS PUBLIC INTOXICATION I absolutely hate it when someone comes in for a free consultation about their DWI arrest, all worried sick about it. I’ll ask them, ‘have you ever been arrested before?’ ‘No…oh yeah, …I got a Public Intoxication back when I was younger and another one last year when I […]

THIRD DWI IN TEXAS

IS A DWI A FELONY? If you have been charged with a third DWI in Texas, a third-degree felony, you have a difficult fight ahead of you. The penalties for a third-degree felony include imprisonment from two to ten years and up to a $10,000 fine. In addition, your driver’s license can be suspended. An […]

SECOND DWI CLASS A MISDEMEANOR

CLASS A MISDEMEANOR DWI For a second DWI in Texas, Class A misdemeanor, the penalties you face will be much tougher than that of a first DWI offense. Remember the ordeal you went through for your first DWI? You may think the same exact issues are ahead of you. However, that’s not necessarily the case. You have more at stake with a second DWI. […]

FIRST DWI CLASS B MISDEMEANOR

CLASS B MISDEMEANOR DWI If you have been charged with a first DWI in Texas, Class B misdemeanor, you may be wondering what penalties you could be facing. The definition of what constitutes a DWI is the same for both first time and repeat offenders. A DWI is defined as a blood alcohol content of .08 or higher. However, that is […]

GOVERNMENT’S BURDEN OF PROOF

BURDEN OF PROOF A GOOD DWI LAWYER UNDERSTANDS THAT BURDEN OF PROOF LIES WITH THE GOVERNMENT Did you know there are several stair-steps of evidence? Didn’t think so. 1. For an officer to pull your car over for a stop, he must have a ‘Reasonable Suspicion’ that something is wrong. A tail-light out. No turn signal. […]