How To Avoid DWI Conviction
Driving after having a couple drinks is not necessarily a DWI. There are a few things you can do to avoid DWI conviction before the arrest.
How Can I Avoid DWI Conviction?
If you know you’re going to be driving, you can avoid a DWI by:
1. Limiting how many drinks you have. You can have a few drinks, but once you cross from sobriety into intoxication, you should not drive. Always wait at least one hour between drinks and one hour after having your last drink before you drive. Drink water between alcoholic beverages to help flush out your system.
2. Don’t drink at all. If you know you can’t limit yourself, or if you’re a lightweight, pass up the alcohol and have something else, like a cranberry juice and seltzer.
3. Walk home. If you are close enough, just hoof it.
4. Call a taxi. The cost of a cab is much less than the cost of a DWI.
If you’re stopped while you’re driving, you can attempt to avoid DWI Conviction by:
1. Not taking the breathalyzer. If you think the results are going to be too high, skip it and offer to take a blood test instead. Your license may be suspended for longer, but not having the breathalyzer test on file may help your case.
2. Not taking sobriety tests, including field sobriety tests. You have a right to refuse.
Not leaning against something, like your car. The police may use this as evidence of you being intoxicated.
3. Not saying anything. The police will use anything you say against you in court. Even if they haven’t read you your Miranda rights (“You have the right to remain silent…”), don’t say anything or volunteer any information.
4. Being polite and speaking clearly.
How a Houston DWI Lawyer Can Help?
Just because you’ve been arrested for a DWI does not mean that you will be convicted of a DWI and have it on your record. 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 DWIdefense.
If you’ve been arrested for a DWI, call (713) 201-3005 today. Don’t wait to build your defense.
DWI without a Lawyer
The State of Texas has a very qualified team of police officers, prosecution lawyers and forensic scientists who will try their best to convict you of DWI. If you choose to take on the State without an Attorney, you’ll most likely be out of options soon and may end up taking a plea-out bargain. If you do, you’ll still rack up about $7500 to $10,000 in direct costs of Towing Fees, Daily Impound charges, Court Costs, Bail, Fine, Jail Fee, Ignition Interlock Rental, Installation & Removal, DWI Course fees and License reinstatement fees, moreover you are also looking at indirect implication costs of DWI such as:
1. Human Injury, Broken Relationships & Property Damages
2. Auto Insurance premiums will rise if your Driver’s License ever gets suspended and you have only 15 days to save it once you are charged with a DWI.
3. Loss of Freedom and Opportunity Cost – Lost time at work as the result of court dates. Believe me you don’t want to go a trial. Its best to negotiate and get a dismissal, if the circumstances allow.
4. Losing your driver’s License – depending on what you do, this may mean losing your job.
5. Criminal Record & Difficulty in getting a new job – DWI Records looks bad on resume and background checks and no one wants a DWI offender in a Airplane Cockpit, ER, court room and most professional settings.
Actually, there is no way you can afford not to hire an attorney. A qualified Houston DWI attorney is crucial for you to fight and win your DWI and can help you determine the best way to handle your case, from negotiating a dismissal to going to trial in very few cases.
Still not sure you can afford a DWI attorney? We offer Weekly Payment Plans, that the State doesn’t. Call Jonathan J. Paull today to fight your DWI charges at (713) 201-3005 and get a Free Case Evaluation.
Underage DWI Defense
Texas has zero tolerance for anyone under 21 driving with even a drop of alcohol in their bloodstream. If you or your child is stopped for a DWI, any evidence of being under the influence – even one beer – means penalties. That could affect their livelihood for years to come: their ability to attend school, get or keep a job, or be licensed professionally.
What Will Happen If You Get Charged with a DWI and are Under 21?
If you’re under 21 and get charged with a DWI, you will, at the very least, be charged with a Class C misdemeanor. That means:
1. A fine of up to $500
2. Community service of up to 40 hours
3. Attendance at alcohol education class
If you’re actually intoxicated, you may lose your license for up to a year, and your fine can be up to $2,000. You may also face jail time of at least six days and up to six months. The license suspension process is the same administrative license revocation (ALR) used in adult cases.
How a Houston DWI Attorney Can Help
First, if your license is at stake, you’ll want to fight your license suspension in the ALR. Having a Houston DWI attorney who knows the ins and outs of the police department and court system means getting the documents needed to fight the suspension and can help you prepare for your hearing, as well as attend the hearing with you.
Most importantly, you will want an attorney with experience and a solid track record of getting dismissals, reduced charges, and not guilty verdicts. Your future is at stake, and you’ll want a Houston DWI attorney who will fight for you. 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 that kept his clients on the road and without the blemish of a DWI conviction on their records.
If you’ve been arrested for a DWI, call (713) 201-3005 today. Don’t wait; you’ll need to request your hearing and prepare your defense to keep your record clear.
First DWI Defense
Getting arrested for a DWI can be scary. You’re thinking, “Will I lose my license? My job? Am I going to jail?” You may not know how the legal process works, or what you’re up against.
What Happens When I Get a First DWI?
The first DWI is considered a misdemeanor, but that doesn’t mean the penalties are light. A first DWI can still result in:
1. Jail time of up to 180 days (up to two years if there was a passenger under 15 in your car -DWI /child passenger is a felony)
2. Fine of up to $2,000 (up to $10,000 if there was a passenger under 15) DWI surcharge of up to $1,500 per year Possible license suspension
There are actually two proceedings you have to face if you’re charged with a DWI. The first is the administrative license hearing (ALR), which determines whether or not your license will be suspended, and for how long. The second are the actual criminal proceedings that determine whether or not you’ll have to pay a fine, do community service, and/or go to jail.
How a Houston DWI Attorney Can Help
If this sounds confusing, it’s because it can be if you’re not familiar with the courts. However, it’s possible to have the charges dismissed or reduced or get a not guilty verdict. The prosecuting attorney will need to prove that the police officer had a reason to stop you and prove that you were driving while intoxicated.
An experienced Houston DWI attorney can get your charges reduced or dismissed or get you a not guilty verdict. Whether you failed the Breathalyzer or the results were questionable, Attorney Jonathan J. Paull can investigate every aspect of your case, from how legal it was for the police to stop you to the results of your Breathalyzer.
Attorney Paull has 14 years of experience dealing with courts, police officers, and DWI defense cases. His track record of dismissals, charge reductions, and not guilty verdicts speaks for itself – he’s kept his clients out of jail and on the road so they can continue to provide for themselves and their families.
If you’ve been arrested for your first DWI, call (713) 201-3005 today. Don’t wait; you’ll need to request your ALR hearing and start building your defense as soon as possible.
Second DWI Defense
What Happens When I Get a Second DWI?
Texas is not kind to DWI offenders. A second DWI can mean:
1. A two-year driver’s license suspension
2. A fine of up to $4,000
3. A year of jail time
4. Up to 200 hours of community service
The second DWI is considered a Class A misdemeanor, serious enough to merit jail time, and it can disrupt your life for years to come.
How a Houston DWI Attorney Can Help
Rather than pay a $4,000 fine, go to jail, do community service, and/or lose your license, it’s possible to have the charges dismissed or reduced or get a not guilty verdict. Like your first DWI, the prosecutor has to prove that the police officer had a reason to stop you and prove that you were driving while intoxicated. The prosecutor also has to prove that you’ve been convicted in the past.
An experienced Houston DWI attorney can get your charges reduced or dismissed or get you a not guilty verdict. Whether you failed the Breathalyzer or the results were questionable, Attorney Jonathan J. Paull can investigate every aspect of your case, from how legal it was for the police to stop you to the results of your Breathalyzer.
Attorney Paull has 14 years of experience dealing with courts, police officers, and DWI defense cases. His track record of dismissals, charge reductions, and not guilty verdicts speaks for itself – he’s kept his clients out of jail and on the road so they can continue to provide for themselves and their families.
If you’ve been arrested for your second DWI, call (713) 201-3005 today. Don’t wait; you’ll need to start building your defense as soon as possible.
Repeat DWI Defense: (Second/Third DWIs)
SECOND REPEAT DWI DEFENSE
Texas is not kind to DWI offenders. The Second Repeat DWI is considered a Class A misdemeanor, serious enough to merit jail time, and it can disrupt your life for years to come.
1. A Second Repeat DWI can mean:
2. A two-year driver’s license suspension
3. A fine of up to $4,000
4. A year of jail time
5. Up to 200 hours of community service
THIRD REPEAT DWI DEFENSE
Texas law cracks down on DWI offenders. While a Second Repeat offense is a Class A misdemeanor, a Third Repeat offense is classified as a felony, with all the penalties that come with it. A felony DWI will negatively affect the rest of your life.
1. A Third repeat DWI means:
2. A two-year driver’s license suspension
3. A fine of up to $10,000
4. Up to 10 years of jail time
5. DWI with a minor in the car means:
6. A fine of up to $10,000
7. Up to 2 years of jail time
Intoxication Manslaughter means at least two years and up to 20 years in prison.
If you’ve been arrested for your Second or Third Repeat DWI, call (713) 201-3005 today. Don’t wait; you need to start building your defense as soon as possible.
Felony DWI Defense
Texas law cracks down on DWI offenders. While a second offense is a Class A misdemeanor, a third offense is classified as a felony, with all the penalties that come with it. A felony DWI will negatively affect the rest of your life.
What Is a Felony DWI?
A third DWI is a felony DWI, but there are other types of DWI that are classified as felonies, even if no one is injured. A felony DWI is:
1. A third DWI
2. A DWI while a minor is in the car
3. A DWI where someone is seriously injured
4. An intoxication assault, when you’re intoxicated and decide to run someone off the road or something similar
5. Committing manslaughter (killing someone) while you’re intoxicated, also known as intoxicated manslaughter
6. Committing manslaughter while driving, also known as vehicular manslaughter
What Are the Penalties for a Felony DWI?
A felony DWI carries heavy penalties. A third DWI means:
1.A two-year driver’s license suspension
2. A fine of up to $10,000
3. Up to 10 years of jail time
DWI with a minor in the car means:
1. A fine of up to $10,000
2. Up to 2 years of jail time
3. Intoxication manslaughter means at least two years and up to 20 years in prison.
How a Houston DWI Attorney Can Help
The penalties for a felony DWI are frightening, but it’s possible to have the charges dismissed or reduced or get a not guilty verdict. An experienced Houston DWI attorney can get your charges reduced or dismissed or get you a not guilty verdict. Attorney Jonathan J. Paull can investigate every aspect of your case, from how legal it was for the police to stop you to the results of your Breathalyzer.
Attorney Paull has 14 years of experience dealing with courts, police officers, and DWI defense cases. His track record of dismissals, charge reductions, and not guilty verdicts speaks for itself – he’s kept his clients out of jail and on the road so they can continue to provide for themselves and their families.
If you’ve been charged with a felony DWI, call (713) 201-3005 today. Don’t wait; you’ll need to start building your defense as soon as possible.
Intoxication Assault
Intoxication assault is a third-degree felony, resulting in jail time. If you drive while intoxicated and seriously injure someone, you’ll be charged with intoxicated assault, also known as DWI with bodily injury.
What Happens If I’m Charged with Intoxication Assault?
If you drive while intoxicated and seriously injure someone, the penalties are stiff. You could be facing:
1. A license suspension of at least 90 days and, in some cases, up to a year
2. Prison time of at least two years, and up to 10 years
3. A fine up up to $10,000
The courts will push hard for a conviction, too. A conviction means that you’ll have a felony on your record, affecting your ability to get a job and care for your family for years to come – not just the time you’ll spend in prison.
How a Houston DWI Attorney Can Help
You’ll need an experienced Houston DWI attorney to help you fight the charges. Starting with motions to throw out the blood tests and protecting your rights, Attorney Jonathan J. Paull reviews every aspect of your case himself. He’ll investigate the accident site, examine police and witness reports, and look for mechanical failures or road conditions that reveal another side to the story – the side favorable for you.
Attorney Paull has a solid track record of getting dismissals, reduced charges, and not guilty verdicts. With 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 that kept his clients on the road and out of prison.
If you’ve been arrested for an intoxication assault or think you might be in the near future, call DWI Lawyer in Houston (713) 201-3005 today. Don’t wait; you’ll need to start building your defense today.
Prescription DWIs, Really?
In Texas, there are many drivers who are falsely arrested for DWI who have valid medical issues. Nevertheless it is illegal to operate a motor vehicle while intoxicated even if you have a valid medical prescription. These cases are called DRE cases or drug recognition cases. They require the examination of a specialized officer trained to test for drug recognition. These officers look for specific vital signs. Even these officers misdiagnose intoxication for valid medical issues. Recently, I received a dismissal on a prescription medication case (the defendant had 2 pending DRE DWIs). The client was mistaken for intoxication on her medication. After having her examined by our experts, we were able to prove that she had early onset of Alzheimer’s disease. It is important to have an attorney who has a great deal of experience with this type of DWI. I deal with these cases all time and I have only had to plea one, in the last 4 years. The remaining I either had dismissed or received acquittals from juries.
Boating While Intoxicated in Houston
Boating is one of the most popular recreational activities in the Houston area, infact League City / Kemah is in the Guinness World Records for having the most registered boats in one place. However, drinking and boating is dangerous and the cause of most boating fatalities. Boating While intoxicated (BWI) is illegal in the State of Texas and is strictly enforced by the Texas Parks & Wildlife Department. Lake Livingston, Lake Conroe, Lake Houston, Moses Lake, Nassau Bay-Clear Lake, Swan Lake, Mud Lake, Taylor Lake, West Bay, East Bay, Trinity Bay and Galveston Bay are the most common waters where people are charged with BWI in the Houston area.
WHAT IS BOATING WHILE INTOXICATED?
The Texas Penal Code defines the offense of boating while intoxicated as “operating a watercraft” while has a blood alcohol concentration of .08 or higher or when you have lost your normal physical or mental faculties. “Watercraft” means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. This definition excludes crafts like rowboats, kayaks, inner tubes and canoes, if they are propelled by human power (without the use of motors).
HOW ARE BWI AND DWI SIMILAR?
The same definition of intoxication is used for BWI as used for DWI, ie the government must prove that a citizen has lost the normal use of his/her physical or mental faculties or has a blood alcohol concentration of .08 or more.
BWI carries similar fines and penalties to DWI, including possible Boating Driver’s License suspension. First BWI Offense is a Class B Misdeameaner and carries a fine up to $2,000 and/or jail time up to 180 days, Second BWI Offense is a Class A Misdeamanor and carries a fine up to $4,000 and/or jail time up to one year, and Third BWI Offense is a Felony and carries a fine up to $10,000 and/or jail time of 2-10 years.
HOW ARE BWI AND DWI DIFFERENT?
First, open containers are legal while boating, but operators of boats are subject to boating while intoxicated laws, similar to driving a vehicle. Operators or passengers may also be subject to public intoxication laws.
Second, a person arrested and convicted for BWI cannot challenge the legality of the stop and search because:
1. There is no other way to enforce boating safety rules except to allow random stops. The TPWD can conduct a safety inspections by stoping and boarding any vessel operating within public waters.
2. Texas Courts have upheld that these “safely inspections” do not violate 4th amendment rights to privacy and to be free from unreasonable searches & seizures on the grounds that while driving is a mean of transportation, boating is recreational.
Third, conducting SFST (Standard Field Sobriety Tests) after people have been on the water presents some unique challenges for the Texas Parks and WildLife Wardens. People often suffer from “sea legs” after being in a watercraft for an extended period of time which can affect the performance and accuracy of the field sobriety tests. Furthermore, game wardens are instructed to allow 15 minutes of observation before administering SFSTs on land after removing a subject from the water.
A good BWI lawyer should know the differences between DWI and BWI to defend your Boating While Intoxicated case.
If you or someone you know has been arrested for Boating While Intoxicated, don’t hesitate – call Jonathan J. Paull today to fight your BWI charges at (713) 201-3005.
DWI Expungement
Once your DWI case is over, law enforcement agencies and other organizations related to the arrest still have your case information. These are public records that can be accessed by potential employers – or virtually anyone who knows how to get their hands on the records. That’s why you’ll want a Texas DWI expungement, which requires all agencies with the records to destroy them.
Who Can Get a Texas DWI Expungement?
Except in very limited cases, you can get a DWI expungement:
1. If you were arrested, but your case was never filed, you can get an expungement.
2. If your case was dismissed, you can get an expungement.
3. If your case went to trial, and you got a not guilty verdict, you can get an expungement.
4. If you were found guilty, but after appealing the verdict, the Texas Appellate Court acquitted you, you can get an expungement.
After your expungement is granted, all agencies that have a copy of your record are ordered by the court to destroy it. If they don’t, they are the ones that will face criminal charges.
How a Houston DWI Attorney Can Help
Applying for a Texas DWI expungement requires a combination of experience and knowledge that only an experienced Houston DWI attorney can offer. When you pick an attorney who knows the court system and the expungement process, your likelihood of getting an expungement increases.
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. He personally handles each case, using his own expertise to clear his clients’ records.
If you want your DWI scrubbed from your record, call (713) 201-3005 today.
