The DWI court process can be confusing. Here’s what happens:
The court process is set in motion once you’re arrested. Once you’ve been stopped, the police will attempt field sobriety and breathalyzer tests. Remember that you are well within your rights to not say anything without an attorney with you. Most likely, you’ll be taken into custody (the “drunk tank”) and be allowed to post bail.
Your first court appearance will be your arraignment, and you’ll want to have a Houston DWI lawyer with you. The court will tell you what charges are being brought against you, let you know what your rights are, and let you plea guilty or not guilty.
The Court Date and Discovery Process
If you don’t plead guilty, the government will begin building a case against you during what’s known as the discovery process. They’ll examine your field sobriety, breathalyzer, and blood test results, review police reports, and interview the arresting officers. Your Houston DWI lawyer will request all of these documents as well, along with documents that may help your case, like medical records, to build your defense. You’ll have several court dates as well, and while nerve-wracking, it can actually be beneficial to have more court dates.
The Plea Bargain or Trial
Depending on what turns up during discovery, you will either plea bargain out your case, meaning you’ll accept a penalty in exchange for a lesser charge, or you’ll go to trial in front of a jury. After examining and hearing evidence from both sides, the jury will return a guilty or not guilty verdict, with the judge to decide the penalty.
How a Houston DWI Lawyer Can Help
The court process is difficult to navigate without help, and a misstep can cost you thousands of dollars, your driver’s license, and your freedom. Call a Houston DWI lawyer immediately to explore your options and start building your defense. You’ll want a lawyer with a solid track record of getting not guilty verdicts and dismissed and reduced charges for his clients, as well as experience. Attorney Jonathan J. Paull has 14 years of experience dealing with courts, police officers, and DWI defense.
If you’ve been arrested for a DWI, call (713) 201-3005 today. Don’t wait to build your defense.
Do I have to submit to a breath, a blood, or urine test?
The short answer is no. However the law enforcement agency especially in and around Houston and its surrounding counties can get a warrant to get a blood sample. The Texas Intoxilyzer is a machine that has a dubious reputation at best. In Texas, refusal to submit to a test is admissible in any criminal proceeding as evidence of consciousness of guilt. Right now, Texas juries still find more credibility in blood results so before the proliferation of blood search warrants and no refusal weekends, I had always advised clients to refuse the breath test. If the defendant is presented with an option, I now advise to choose breath or urine over blood test.
“I flunked my breathalyzer test on the Texas Intoxilyzer ! I should just accept my fate.”
Breathalyzers don’t always work, and Texas Intoxilyzer has a dubious record. As a Standardized Field Sobriety Testing Expert by NHSTA, DWI Attorney Jonathan Paull knows that false readings are more common than you’d think. Many clients blow twice the legal limit on the Intoxilyzer machine, but with careful investigation, Attorney Paull still gets many of these cases dismissed.
A Good DWI Attorney knows the factors to consider in challenging the Intoxilyzer results:
1. He know how to read the Texas Intoxilyzer Breath Card.
2. He checks the Maintenance Records of the Texas Intoxilyzer.
3. He understands that the machine needs to be calibrated and issues with both self calibration and with a reference breath sample.
4. He understands that breath alcohol is used to measured to determine blood alcohol content.
5. He understands Henry’s law and the science behind these machines.
6. Knows that the law doesn’t allow the Texas Intoxilyzer machines to be independently evaluated.
“Still not sure you can afford an attorney.” Actually, there’s no way you can afford not to hire an attorney. A qualified Houston DWI attorney can help you determine the best way to handle your case. If you take a plea-out, you’ll still rack up about $7500.00 in fines, court costs, increased insurance premiums, and time lost at work.
If you’ve been arrested for a DWI, don’t hesitate – call Jonathan J. Paull today to fight your DWI charges at (713) 201-3005 for a Free Case Review.
What is the deal with blood draw cases?
Trying a DWI blood draw cases is a complex procedure. There are a myriad of issues that a DWI lawyer must have experience with: medical issues, toxicology issues, as well as the understanding of lab procedures. A person’s blood alcohol concentration can become higher if a person’s body water percentage decreases. The same can also happen due to pathological conditions as in persons who are having diarrhea, heart conditions, or impaired renal issues.
Furthermore, there are an important set of predicate questions that an officer must ask to link the time of intoxication to the time of driving. There are only a handful of attorneys in Houston who:
1. Understand the mechanics of a blood draw case.
2. Understand the procedures within the crime labs that test these cases.
3. Has actually tried blood cases.
I have a track record of getting results in these cases.
Once you’re charged with a DWI, you may wonder how this will affect your driver’s license. That’s why the Administrative License Hearing (ALR) is so important.
What Is an ALR Hearing?
After you’re charged with a DWI, you can request an ALR hearing from the Texas Department of Motor Vehicles within 15 days of your arrest. This hearing is where you can fight your license suspension so that you can drive while you wait for your DWI hearing. Otherwise, your license suspension starts 40 days after your arrest.
At the hearing, a lawyer can ask questions of witnesses, and the hearing officer will review anything submitted, such as medical records. It’s always best to have an experienced Houston DWI attorney to help you, since there are so many nuances to DWI law. Furthermore a good DWI attorney will use the ALR hearing in order to pin the officer down on his/her testimony. And then use that testimony to get a good result in the criminal case.
How a Houston DWI Attorney Can Help
You can submit documents to fight your license suspension, but they can be difficult to get on your own. Having a Houston DWI attorney who knows the ins and outs of the police department and court system can mean the difference between success and failure. An attorney can get information from the officer who arrested you, get evidence (like medical records) that support your defense, and help you prepare for your hearing.
At your ALR hearing, you’ll want an attorney with experience, someone with a track record of getting not guilty verdicts as well as dismissed and reduced charges. Attorney Jonathan J. Paull has 18 years of experience dealing with courts, police officers, and DWI defense. His track record speaks for itself: a list of not guilty verdicts and dismissed and reduced charges that kept his clients on the road so they could get to work.
If you’ve been arrested for a DWI, call (713) 201-3005 today. Don’t wait; you’ll need to request your ALR hearing as soon as possible.
Being convicted of a DWI stays on your record, and it can mean losing your license, being fined, and/or spending time in jail. If you think you’ve been wrongly convicted of a DWI, you can appeal the conviction – it’s not set in stone. If you were convicted of a felony DWI, intoxicated assault, or intoxicated manslaughter, appealing your DWI becomes even more important to avoid the heavy penalties attached.
What Is a DWI Appeal?
A DWI appeal is not a retrial. Instead, during the appeal, the facts of the case are re-examined. If you went to trial, you can appeal, but if you accepted a plea bargain, you may not be able to appeal the conviction. No matter what situation you’re in, an experienced Houston DWI attorney can help you make the right decision.
How a Houston DWI Attorney Can Help
Appealing a conviction can be a difficult process. Choosing a Houston DWI attorney with experience means that you’re getting someone who knows the court system and can help your case be reviewed in the best possible light.
Most importantly, you will want an attorney with a solid track record of getting dismissals, reduced charges, and not guilty verdicts. If you’ve been wrongly convicted, an attorney with this kind of record can help justice prevail. Attorney Jonathan J. Paull has 14 years of experience dealing with courts, police officers, and DWI defense. His track record speaks for itself: a list of not guilty verdicts and dismissed and reduced charges.
If you’ve been convicted of a DWI, call (713) 201-3005 today. Don’t wait; you have a very limited amount of time to file your appeal.
Ignition Interlock Device in Texas
Ignition Interlock Device also called IID, is a device that is installed in your vehicle that requires you to pass a Breathalyzer test before driving. If it detects the blood alcohol content > 0.08 percent, it will not start the vehicle. It is often installed after an individual is found guilty of a DWI charge, and in some cases even while fighting your DWI case.
The Ignition Interlock condition is associated with your driver’s license by the DMV and the Ignition Interlock Device is installed by State approved vendors by connecting it to the engine’s ignition system. The driver is expected to test the breath alcohol before the vehicle can be started.
A 2015 Texas law lets, those convicted of DWI with a blood alcohol content less than 0.15 percent and end up getting a driver’s license suspension in court, opt for ignition interlocks so they could be able to drive as long as they have an ignition interlock system installed in their car.
COST OF AN IGNITION INTERLOCK DEVICE
Getting an Ignition Interlock Device drastically increases how much it will cost with penalties for drivers who are dealing with the consequences of an arrest for driving while intoxicated. A person charged with a DWI must pay for all ignition interlock device rental and installation. The installation costs are typically ranging from $100 – $300, depending on the vehicle, while the monthly rental for the device ranges from $50 – $100 excluding data communicating and monitoring charges which could be an additional $30 – $50. You may also be required to pay the first year of the Ignition Interlock upfront which on average is $1300 per year.
Every 30 to 60 days a person in the IID program must make an appointment at the Ignition Interlock device installation facility for servicing and downloading event log. Failure to ensure that the device is regularly services can also delay the removal of the device.
DURATION OF IGNITION INTERLOCK DEVICE
For the First DWI Offense, ignition interlock devices are imposed for at least one year. It jumps to three years for second DWI offense and with three DWI convictions, the person will likely have to install the interlocking device permanently. For Four or more DWI, the driver is not eligible for license reinstatement.
If you attempt to drive while alcohol is detecting in your breath, if could lead to extended driver’s license suspension. The court will consider the data presented by the ignition interlock in determining the removal of the device from the vehicle.
If you’ve been arrested for a DWI, don’t hesitate – call Jonathan J. Paull today to fight your DWI charges at (713) 201-3005 and get a Free Case Evaluation.