As generally seen, finding a perfect DWI attorney is not that simple, as it may seem no matter online or offline. Even to locate a DWI lawyer online in your area you need to choose your state, then your city and then choose a type of law relevant to your situation i.e. your age, sex and number of offences you have committed in the past.

At one hand, Texas has zero tolerance for DWI cases, while on other the field of DWI is really complex because of frequent change in laws. Therefore, you and your attorney must be thoroughly aware of the DWI laws in Texas, so as to save yourself from the consequences of a harsh conviction. Remember that being labeled as a criminal for the rest of your life would create a negative impact on you as well as your future prospects.

In case, you are a novice, you won’t be having the slightest idea of whom to contact in case of DWI laws imposed on you. Hence, it is utmost important to be aware of the Texas DWI laws prior to driving a motor vehicle. Additionally, if you are under 21 years of age and found guilty of DWI then you must be extremely careful. Because, studies show that some people, particularly teenagers, can reach a 0.08 BAC with one or drinks an hour.

Since, it is very difficult to keep oneself updated on the changing laws of Texas DWI, you need to choose a proficient attorney to represent your case. There are a lot of things you should keep in mind when it comes to choosing the right DWI lawyer for yourself. First of all, make sure that you find an experienced DWI defense lawyer who is an expert in investigating such cases for factual and legal defenses.

Next, if possible, when you are caught, immediately contact your lawyer to handle the situation. The lawyer must be willing to visit the scene with a camera for potential trial exhibits, interview the witnesses of the case, suppress valid evidence, force discovery of offense reports and breath test maintenance records.

In addition to that the lawyer must agree to negotiate for a dismissal or reduction in charges, obtain expert witness for trial and attempt to save your driving privileges. The lawyer must be willing to fight for you and work dedicatedly towards defending for your case. Therefore, it is generally said, “If you have found a good lawyer, half the battle is already won.” So, you must put your sincere efforts to find and hire an efficient and effective lawyer who is dedicated to offer you the maximum of his or her practice to defend your DWI case.

Last but not the least, remember that a lawyer even one of the most proficient one would not be able to offer you the guarantee of your case. However, he or she would certainly promise to put the best efforts towards offering you the best of his or her practices. And, in case, you do not feel comfortable when meeting a DWI lawyer, you must not appoint him or her to defend you.

* Heavy fines
* Probation
* Jail
* Automatic suspension of the culprit’s driving license.
* Heavy court and attorney fees
* Appearance in court.

People usually fear the loss of license when arrested under Texas DWI laws. It is really surprising that many drivers who are arrested for driving while intoxicated do not realize that a DWI arrest can create two cases against them i.e. civil as well as criminal. Actually, a DWI arrest usually results a criminal charge, but eventually can also initiate a civil proceeding against the arrested person’s driving privileges called an ALR (Administrative License Revocation).

Most people are not aware of the fact that an Administrative License Revocation suspension can proceed against them under certain conditions. These conditions include the following:

* When a driver refuse to submit to breath testing.
* When a driver refuse to submit to blood testing.
* When a driver fails in the breath test.
* When a driver fails in the blood test.

Not only this, but if you decide to drive after losing your license, you would also be arrested for a new criminal charge and the license can be suspended for additional time. Therefore, you must concentrate on saving your license as soon as you are arrested under a Texas DWI law.

Follow the tips given below to save your Texas driver’s license.

a) Hire a veteran attorney. The attorney must have won a number of such cases in the past.

b) Request the attorney’s presence during the hearing. This will help you experience a preview of trial. You can also ask the breath test supervisor to appear for the justification of breath test results.

c) Ask for retesting the sample if a blood test is conducted.

d) The proper investigation on the accuracy of the on-road interception is necessary.

e) The adequate investigation of the arrest is a must. You can get this done by requesting for a test.

f) Make sure you check the proper time of the event. An officer must perform test within stipulated guidelines in the statute.

g) Check the label of the sample.

It is very important to take precise actions against saving your license. Keeping in mind, the above-mentioned points would help you save your Texas driver’s license. Saving your Texas driver’s license would mean that you could drive a motor vehicle again.

And, last but not the least; remember there is a provision for reinstatement of drivers license after suspension. Suppose, if no suspension is imposed at the hearing, the Department of Public Safety is under an obligation to return the driver’s license to the person arrested. And, in case, a suspension is imposed either automatically or after hearing, a driver can submit a reinstatement fee with the department and the license will be reinstated.

As an educated and fully aware citizen, it becomes to your important duty to understand the laws and how to save yourself when you have been convicted for an offense. A person can be arrested under Texas DWI laws, under the following conditions:

a) The blood alcohol level is more than a legal stipulated amount (BAC 0.08 or more).

b) If the driver is proved to be under the influence of alcohol or illegal drugs.

Usually, a DWI lawyer prefers the first method to prove intoxication. Here the proof is not dependent on the results of a blood on anyone’s observation or judgment of someone’s behavior. The proof of intoxication entirely depends on the results of a blood alcohol test.

The law generally demands a blood or breath sample of the suspected driver in order to conduct a chemical test. The sample is analyzed by a machine called a Breathalyzer or Intoxilyzer. This determines the concentration of alcohol in a person’s blood.

The maximum blood alcohol level usually varies from one state to another some states calculate 0.10 percent as the maximum blood alcohol level. These days, most states have lowered this level to 0.08 percent. Hence, according to the Texas DWI Laws, any driver or operator containing a blood alcohol level over the legal limit is considered to be under the influence of illegal drugs or alcohol.

The results of the test are conclusive. However, one can challenge the test by proving that the test failed for a particular reason. The reason can be any one of the following:

a) Faulty test equipment
b) Malfunctioning of test equipment
c) Improper sampling
d) Faulty preservation of the sample
e) The presence of a foreign object in the mouth during the test.

Driving while intoxicated can also be proved by certain facts and circumstances revolving the incident for which the suspected was stopped or arrested. These circumstances include the following:

a) Observations of the driver by eye witnesses.
b) Circumstantial evidence
c) Statements made by the driver or operator.

Usually, the inquiry under the DWI laws emphasizes on whether the suspected driver’s ability to drive was influenced by alcohol or drug. There are several standard tests enforced for the impairment and these tests are known are “Field Sobriety Tests”. Usually these tests prove the impairment of the driver and thus become a solid proof for the driver to land up into a jail or pay up a huge fine for driving while intoxicated.

People fear DWI laws; sometimes they criticize and even abhor them for personal reasons. However, what most people don’t realize is that these laws have been made to strengthen public safety in Texas.

In 1998, the first Driving While Intoxicated (DWI) laws were surpassed by Texas to other states. States lacking open container laws are severely penalized by the DWI law. Texas has not experienced repeated DWI offend laws. This is the reason that experts have observed the transfer of about $37 million of highway funds from construction projects to highway safety in 2001.

Driving while intoxicated has always been considered as a serious problem in Texas. People were usually reported to drive while intoxicated under the influence of drugs and alcohol. The problem resulted in a steep rise in the number of accidents and deaths on the highway. All these accidents and deaths were related to alcohol.

Though a shocking news but it is true that in 1998, about one thousand and eight hundred people died in road accidents related to alcohol in Texas. The National Highway Traffic Safety Administration (NHTSA) has estimated that around two in five Americans will be involved in alcohol related accident or death on road at some point of time. Don’t you think these are shocking stats? Of course, they are.

This is the major reason that the Texas legislature has taken severe steps to cut down on the casualties associated to alcohol on Texas highways, streets and roads. The launching of state’s famous Administrative License Revocation (ALR) program was one of the most important steps taken in this regard in 1995.

In the year 1997, the Texas legislature passed a ‘Zero Tolerance’ law. This was another crucial step taken by Texas to cut down on accidents and deaths related to alcohol. According to this law, drivers under twenty one are prohibited from operating a vehicle if a certain amount of alcohol found present in their blood stream. The legal Blood Alcohol Content (BAC) limit is from 0.10 to 0.08.

Another milestone in this regard is the Transportation Equity Act for the 21st century, usually called TEA-21. This Act is responsible for imposing severe penalties for states with open containers and repeat drunk driving offenders. The Act says that in case, a state fails to enact and enforce either of the required laws, it would have to transfer part of its federal highway construction funds to its highway safety or hazard elimination programs.

The DWI laws have actually worked towards strengthening road safety in Texas. Statistics clearly show that these laws have decreased road accidents under the influence of alcohol or drugs. As a citizen, it is very important to adhere to these laws as this act can save you from injuring yourself or other passengers on the road.

Here is a brief description of Texas DWI laws (DWI laws prevalent in Texas):

The legal limit for intoxication of alcohol or any other drug/substance/combination is set at 0.08%. This means that the BAC (Blood Alcohol Content) limit is set at 0.08% and zero tolerance law is observed in Texas. Moreover, as per the current Texas DWI laws, anybody under the age of twenty-one drinking and driving would be considered as a criminal offence.

When it comes to Blood Alcohol Content limit, it is calculated upon the combination of the following conditions:

* Weight
* Gender
* Body metabolism
* Age
* Number of drinks

In Texas, as per DWI Laws, if anyone is intercepted by patrolling police and asked for a particular roadside test, he or she must adhere to the instructions given by the law enforcement officers. In case, you refuse, you would have to face suspension of driving license for 180 (one hundred and eighty) days. The amount of fines and the degree of punishment may vary from situation to situation.

Here is a list of various punishable situations under Texas DWI laws.

a) For Adults Driving Drunk Alone: In this case, the culprit has to pay fine up to $2000. He or she may also be liable to spend 72 hours to one year in jail. Additionally, the driver’s license may also be suspended for ninety days to one year, depending upon the situation.

b) Adults Driving And Drunk Alone II: In this case, the culprit would have to give away a fine up to $4000. He or she may also have to spend 30 days to one year in jail. The driver’s license may also be suspended from 180 days to two years.

c) Offense III: In this case, one may have to incur a fine up to $10,000 or 180 days to two years in penitentiary. The driver’s license may also be suspended from 180 days to two years.

d) Under 21: In case, you are under 21 then your driver’s license would be suspended for thirty days. You may also have to incur a fine up to $500. Around eight to twelve hours of community service and compulsory attendance in Alcohol Awareness Program (AAP) would also be the part of penalty.

e) Minor: If the culprit were a minor then the driver’s license would be suspended for ninety to one hundred and eighty days.

In order to drive a car safely, one needs to see clearly, and control steering, breaking and acceleration simultaneously. He must also be able to react to constant environmental changes while driving and perform various other tasks. Therefore, in case, the person is intoxicated or under the influence of a drug, alcohol, a substance or any combination thereof, he wouldn’t able to divide attention and this may result in concentrating on difficult tasks and ignoring simple ones.

But, as generally noticed, field sobriety tests have many contradictions. Therefore, most experienced people as well as lawyers recommend not taking these tests, if the person is not fully confident and in proper physical as well as mental stage. They argue, in any field sobriety test, even if you have not had anything to drink, a charge can be filed against you.

That is possible because if you do not perform well in the test, even if you drank nothing, the police may say you were under the influence of another drug. So one must be extremely careful while submitting for such tests.

Contrary to that, suppose you have refused to take the field sobriety tests, then the police have less evidence against you to prove that you were intoxicated. However, one shouldn’t forget that the law is always for the betterment and in the interest of common people, so the actual charge depends upon a variety of factors, such as the skill of your attorney, your criminal record, and the individual factors in your case.

Now, it is of paramount importance that we should understand these field sobriety tests completely to save ourselves. In any field sobriety test, usually divided attention tasks are designed to evaluate mental and physical abilities of a person in order to drive a vehicle safely. These include the following:

a) Short term memory
b) Judgment
c) Decision making
d) Balance
e) Steady and sure reactions
f) Clear vision
g) Coordination of limbs
h) Small muscle control

A good field sobriety test would combine any of the above-mentioned two or more of the capabilities simultaneously, depending upon the exact situation and the judgment of the law enforcement officer at that time. Generally, the most common field sobriety tests used by the police include the following three standardized tests:

a) Horizontal Gaze Nystagmus: This field sobriety test refers to the involuntary eye jerking as it gazes to the side. In case, it occurs, the person is usually unaware of the jerking and cannot control it. This involuntary jerking results in the blood alcohol increase of the driver. This test is known to be the most reliable ones in the category of field sobriety tests.

b) Walk and Turn: This is a divided attention test that consists of the instruction phase and the walking phase, the person must stand with the right foot directly in front of the left foot with his heel and toes touching. He must keep his arms at his side while listening to the instruction. The instruction phase takes about 45 seconds to complete. The walking phase must include a person taking a heel-to-toe steps turned in a prescribed manner while counting the steps loud and taking steps back.

c) One let stand: This is a divided attention test consisting of the instruction phase and the balance and counting phase.

Field sobriety tests in Texas are the most common tests conducted to see if the driver is intoxicated while driving. Though, there is a great on-going debate about the validity, accuracy, and reliability of these tests, but still they have much importance. So one must be careful and smart enough to follow the instructions of a law enforcement officer while being stopped for DWI on the road.

The Texas DWI laws are strict. You can be severely punished for the offence, if found guilty. Hence, you must be aware of certain things when arrested under Texas DWI laws. These things will help you gathering strong points in your defense.

First and foremost, you must realize that there are two different types of cases that can be proceeded against you when arrested under Texas DWI laws. In true legal sense, you can expect a civil and as well as criminal case when arrested for the crime.

Under a civil case, the driver has the right to keep his/her drivers license. However, this is only after the prosecutor has offered a plea bargain. As soon as an arrest takes place for driving while intoxicated (DWI), the Texas Department of Public Safety, an administrative agency will suspend your license under the following circumstances.

a) If the driver fails the breath test.

b) If the driver refuses to take the breath test.

We know the Texas Department of Public Safety grants licenses to the drivers. The agency has the authority to take these licenses away or suspend them under certain conditions. In case, the Texas Department of Public Safety arrests you, you should request a hearing. However, it is important to note that the hearing should be requested within fourteen days of your arrest. This will help you maintain the driver’s license.

In case you do not request a hearing within fourteen days of your arrest, your license would be automatically suspended. Therefore time is of great essence here. So it is recommended to appoint an attorney who would file the requisite paperwork to make a request for hearing within the stipulated timeframe. There are many options left for you, such as your attorney can also opt to postpone the suspension of your driver’s license.

If a criminal case is initiated against you under Texas DWI laws, you must be equipped with adept knowledge and experience to defend your case. An experienced attorney may help you a great deal in this regard. The key is to look for a prudent and effective way out to restrict the evidence that can be proved against you.

Lastly, remember the drunken driving conviction is a serious matter. If not dealt properly, it can turn out to be a disastrous event of your life. If you are found guilty, you may end up paying heavy fines, suspension of your driving license and other punishments and harassments. So better be prepared to deal with any outcome.

In case, you have been arrested, you need to have a clear understanding of things that you need to do. You must not talk about your case to anyone but your attorney such as police, employer, newspapers or anyone in your family.

The best way is to adhere to the DWI laws and stay miles away from any kind of on-road criminal offense. If possible never mix drinking with driving for mutual interests. And, in case you have violated the law, cooperate with the law enforcement officer, never do anything that can be used against you as an evidence, and immediately try to consult an experienced attorney to defend your case.

Just to save other people’s life and to deter drunk drivers from driving while intoxicated the government has taken much serious initiatives. In the year 1999, Texas made some changes in their existing DWI program. The new program put special emphasis upon the development of a full-time team consisting of proficient specialists dealing with DWI cases. These DWI officers were appointed to patrol the streets in two different teams.

Well, the main motive of this team to look for drivers under the influence of alcohol. These teams also work towards assisting general patrol officers in processing DWI offenders. This provided a great relief to the burden on these officers and they were able to return to their patrol duties.

The Austin’s program also has a term of officers who are trained in DWI enforcement. Actually the traffic Administration Section directs this team and the team members are required to report to it. There are eight patrol officers in the enforcement team. Each officer assigned to the unit is responsible to obtain adequate training in administering the standardized field sobriety tests. These officers can also become certified Intoxilyzer operators. Some of them may even require completing a drug recognition course.

We all know that DWI is a serious offense in Texas with heavy punishments and fines. Drivers can be intercepted by police officers and interrogated for driving under the influence of alcohol. Texas has a zero tolerance DWI law. It is illegal to drive with a specific amount of alcohol in blood for those who are under 21. The legal limit of alcohol influence in blood is 0.08 in Texas. It is also referred to as Blood Alcohol Concentration (BAC).

According to Texas DWI law, the first offence can result in a fine up to a $2,000, seventy-two hours in jail and an automatic driver’s license suspension for one year. In case of a second offense the convict must pay a fine up to a $4,000, one-year term in jail and an automatic driver’s license suspension for one year. If someone is caught under third offense, he or she requires paying a fine up to $10,000, two to ten years in penitentiary and an automatic driver’s license suspension for up to two years.

The state government and its all concerned departments are fully dedicated and seem to be determined to discourage drunk drivers on the roads. The arrest rate for DWI offenders is maintained at a higher level in recent times, and future seems to be really tough for culprits. The credit goes to the strict rules of DWI team and the rules and regulations imposed by Texas jurisdiction for driving while intoxicated.

Therefore, it becomes a moral duty of every one of us to stick to the guidelines and obey the rules made by the state government to reduce mishapennings, accidents and other related crimes. In case, a law enforcement officer asks a person to take a breath or blood test, he or she must adhere to the instructions. Refusal may result in a 180-day driver’s license suspension. The Texas DWI laws have been constructed for our safety on the road. Therefore one must adhere to these laws to maintain personal safety on the road.

If you think you can’t be caught wrongly, you are absolutely wrong. Practically, it can happen with anybody-you and I. Well, after reading these lines if you have become curious or simply wish to enrich your knowledge, then it’s a safe bet that you’d like some general information about DWI and answers to some general questions. Hopefully, the following will do both.

Here are some of the most frequently asked questions on Texas DWI laws.

a) What are the essentials of finding a person guilty of DWI?

a) To find a person guilty of DWI, it is necessary to prove the identity of a person, the fact that he/she was operating the motor vehicle in a public place in Texas and he/she was having the blood alcohol level of 0.08 or higher.

b) Is here a way out to avoid being arrested for DWI?

b) The best way out is not to give a breath sample. Most often an officer informs a person that he/she will be arrested in case the Breathalyzer is not taken and the license will also be suspended. However, they do not inform that in case a person blows over 0.08, he/she will be arrested and at the end has to face license suspension along with other punishments.

c) What is the right time to hire a criminal defense attorney?

c) This should be done as soon as possible because according to Texas law, a request for a hearing to keep your license must be made within fifteen days from the date of Driving While Intoxicated arrest. In case, a person fails to hire an attorney within the stipulated time frame, the license would be suspended automatically.

d) Is it possible to get my DWI case dismissed?

d) It is not 100% possible to get a DWI case dismissed. An attorney will definitely try to get your case dismissed. It is necessary to keep your record clean.

e) What about the breath sample? Is it always correct?

e) No. An Intoxilyzer machine is used to take a breath sample. The machine can be inaccurate. Hence, an attorney can always find ways to defy the validity of the breath test results.

f) Will I going to jail if I get a Texas DWI?

f) All cases are different and an attorney has to look at different facts related to the DWI cases.

g) How much should I expect to pay as fines in case of probation?

g) If you are arrested under a DWI Ist, you can expect a fine of about $2,000.

h) In case my license gets suspended for a DWI, Is it possible for me to obtain a license to drive to work?

h) Yes. In almost every case, it is possible to get a license to drive to work. This will depend on your criminal and driving record. An attorney will get you an occupational Driver’s License. The license will let you drive to and from work.

i) Well, if there is a difference between drunk and intoxicated then what does “intoxicated” mean?

Intoxicated means a stage when a person is under the influence of any intoxicated substance or drug. Therefore, it doesn’t mean that a person needs to be drunk to be “intoxicated”. But it is true that a person who is drunk must be intoxicated. Under the DWI statute, the term “intoxicated” is defined in two ways: First, when a person drives and found under the influence of any alcoholic beverage, drug, objectionable substance, or any combination thereof, has lost his normal state and as a result his “mental” or “physical” faculties have suffered. As a result this may be harmful for him, co travelers or even others. And, secondly when a person drives and has a BAC level 0.08 or more in his body system.

It is not just drivers (whether drunk or not) on the road, but even policemen on duty could make certain mistakes that can be utilized against them. Therefore, you must keep in mind that there are several mistakes that police can commit under Texas DWI laws and these would prove to be plus points for you. You, with the help of an experienced attorney, can capitalize on the mistakes made by police.

In order to save you from a punishment under Texas DWI laws it is necessary to know about some common mistakes police often makes.

Here is the list:

a) First and foremost, the police follow a driver into his/her residence without getting an invitation. The police also tend to enter a person’s residence without adequate information to justify the entry. This is one of the common mistakes made by the police. In this case, the home of the person is protected under the fourth amendment of the Act.

b) Police often use statements of the driver alone, as the base for an arrest. This is a great blunder. The officer needs to have good evidence to support these statements. The situation usually arises when the officer has not seen the driver in physical control of his/her car. And, even if he has seen he has to show and prove the evidence in favor of his statement.

c) When a driver is detained for longer than required to carry out an investigation. The constitution strongly condemns this act. Officers are not allowed to hold a driver without limit.

d) Stopping a motorized vehicle without a justifiable suspicion. Constitution does not allow an officer to stop a driver just because he assumed that he/she is suspicious.

e) If a police officer stops a vehicle because it has stopped in the middle of the street or it was driving slow, it is considered to be a mistake. Unless a driver is not suspected of defying traffic rules, the officer cannot stop him/her.

f) The statue requires a person to drive as far as it is possible within a single lane. The law also states that one weave into the shoulder is not an adequate reason to stop a driver.

g) If a police officer intercepts a motorized vehicle on the basis of a misperceived violation of a law, he is at fault. The officer needs to prove that he is right about his interpretation of the law.

h) If an officer shops a vehicle due to an improper sign. In case, this has to be justified, the street signs and lane makings must obey Texas law.

i) If a police officer fails to adhere to the rules of the Department of Public Safety and Breath testing manual, an attorney can easily invalidate the alcohol testing.

j) Intercepting a motorized vehicle at an improper roadblock is not justified. Certain guidelines should be adhered to in order to justify the interception.

k) Intercepting a vehicle to check the drivers’ license and registration is not justified. An officer must prove the traffic violation.

l) Intercepting a motorized vehicle’s exit without a valid reason is illegal.

Additionally, you should always bear in your mind that no one can challenge the knowledge and information you possess regarding anything. Literally there is so much to be learned about the rules and regulation from the Department of Public Safety and the Department of Transportation, breath-testing equipments, such as Intoxilyzers and breathalyzers and their flaws and controversies that may invalidate any alcohol testing.

And, if you have been arrested, then you must contact an experienced DWI attorney who has a good knowledge and experience in this field to defend your case. No doubt, these law enforcement officers are smart enough, but there are many good experienced and knowledgeable attorneys who are able to outsmart them.