Frequently Asked Questions
Yes. I even own an Intoxilyzer 5000 machine. To the average criminal defense attorney, a breath test above the legal limit means “plead guilty” from the beginning, even though they will not tell you this until after the fee has been paid. To an experienced Texas DWI trial lawyer, a failed breath test in no way means you are guilty.
I understand how the breathalyzer breath test machine works, what can cause you to provide an erroneously high reading, the philosophy behind breath testing, and how alcohol is absorbed and eliminated from the body. This knowledge can often mean the difference between a guilty and not guilty verdict. If you are serious about being found not guilty, it is a must that your lawyer is very knowledgeable about alcohol and how it affects the human body and breath testing.
It would be unethical for me to promise that I will get your drunk driving case dismissed. However, my goal is to get your case dismissed, keep your record clean, and prevent you from losing your freedom, dignity, and license to drive. I can explain how my proven defense strategies will greatly improve your chances in court during a free consultation.
You should always consult an experienced criminal defense attorney before you decide to plead guilty. A criminal defense attorney can assist you in many ways. We can explain to you what the state is offering and negotiate with them on your behalf to try to get an even less severe punishment. We can also analyze your case to find any law enforcement errors, or any rights of yours that may have been violated, either of which could result in the dismissal of your case. Also, pleading guilty may have consequences to your ability to obtain a job or continue working in certain occupations. It might also affect your immigration status if you are not a U.S. citizen.
Time is of the essence. You only have 15 days after your DUI/DWI arrest to schedule an administrative license revocation hearing, or you face losing your license before your trial even begins. If you contact us right away, we can help you with this hearing and start working on your defense. If we are at your hearing, we can also hear some of the evidence the state has against you; this allows us to begin working on your defense immediately.
The crime of assault includes things like fighting with your roommate, getting into a bar fight with a friend or stranger, and domestic violence. You can face both civil and criminal liability for these situations. Even if the person you fought with decides to drop the civil charges, the state can still press criminal charges. If you are convicted of assault, you might face some jail time. The important thing to bring forth in an assault case is the facts-there is always two sides to every story. The alleged victim may be mentally unstable or may be the instigator; you may actually have been defending yourself against the alleged victim. An experienced criminal defense attorney will present your side of the case and seek to have the charges against you dismissed.
You can refuse a breathalyzer, but you will face consequences. Refusal is considered implied consent under the Texas Transportation Code. First, the state can introduce the fact that you refused a test into evidence during your trial; this can affect how the jury perceives you. Refusal can also affect your punishment. If it is your first DWI offense, you face losing your license for three times as long (180 days, compared to 60) as you would if you had taken, but failed, the test; for your second or third offense, your license loss jumps up to two years instead of 120 or 180 days if you refuse. In certain situations, the police can force you to submit to a test if they suspect you are driving drunk. If you were involved in an accident and the police believe that someone has died, will die, or has suffered severe bodily harm because of the accident, you can be forced to give a sample even if you refuse.
Yes, in most cases. Depending on your criminal and driving record, I can almost always get you an occupational driver’s license that will allow you to drive to and from work. It will also allow you to drive between locations, if your job requires you to travel as part of your duties
Absolutely. I have been able to keep a number of my clients from having their licenses suspended. Also, it is the first and probably only opportunity that we will have to speak to the officer and get his story locked down before the prosecutors have a chance to coach the officer.
The sooner you hire an experienced Fort Bend DWI / DUI defense lawyer, the better off you’ll be. The law requires that you request an administrative license revocation hearing (ALR) within 15 days from the date of your DWI arrest if you want to fight your license suspension. If you fail to request an ALR hearing within 15 days, you waive the opportunity to fight the license suspension and your license will automatically be suspended. The sooner I’m on your case the sooner I will be able to protect your rights.