Free Texas Drunk Driving Defense FAQs | Free Texas Drunk Driving Defense Legal Documents

What Happens After A Dwi Arrest In Texas?

Tue, 29 May 2007 21:19:00 GMT

Administrative License Revocation: To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension(usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should requests the officer's presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive. lst Appearance: If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you, so that you do not have to attend. During this 30 day period, the case is sent to the County Attorney's office for further investigation. The County Attorney then prepares an information and files this with the County Clerk, and your case is set on the court's docket. Pretrial Conference: Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference will happen about 810 weeks after your 1st Appearance date. Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pretrial conference. Trial: You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.

Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?

Tue, 29 May 2007 21:19:00 GMT

Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you.

Will I Go To Jail?

Tue, 29 May 2007 21:19:00 GMT

An experienced attorney may be able to keep you out.

I Have Three Serious Offenses Within Ten Years, What Will Happen?

Sun, 23 Dec 2007 11:49:05 GMT

The third DWI is most likely a felony and you could spend up to 10 years in prison and receive a $10,000.00 fine.

What Is The Effect Of A Second Dwi Conviction Within Five Years Of A Prior Conviction On My Drivers License?

Tue, 29 May 2007 21:19:00 GMT

Your drivers license can be suspended for up to two years without the ability to get an occupational drivers license the first year.

How Many Hours Of Alcohol Classes And Community Service Will I Have To Take?

Tue, 29 May 2007 21:19:00 GMT

Plan on at least 2448 hours of alcohol classes and any where from 4880 or more hours of community service.

What Will Happen If I Do Not Complete The Classes Or Public Service Ordered By The Court?

Tue, 29 May 2007 21:19:00 GMT

You will go to jail and if you do not complete the alcohol classes and your license will be suspended.

I Lost My Texas License. May I Obtain A License In Another State?

Tue, 29 May 2007 21:19:00 GMT

In most cases, no.

If I Obtain An International Driver's License, May I Drive In Texas, Even Though My Texas License Is Revoked?

Mon, 04 Jun 2007 21:51:22 GMT

What Can I Do To Save My Texas Driver's License?

Tue, 29 May 2007 21:19:00 GMT

First and foremost, hire an experienced attorney. There are many factors to consider.
Request a hearing and request the officer's presence. It will give you a preview of a trial, a rarity in criminal cases. If you hire us, we will ensure that the officer who conducted any field sobriety tests and the officer who pulled you over show up and justify their actions. Other officers may be subpoenaed. The breath test supervisor can be forced to show up and justify the results of any breath test.
The license hearings are conducted under strict rules and you can win if D.P.S. does not follow the rules.
If a blood test, retest the sample. Testing errors may save your license.
Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.
Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.
Check the times of events. Officers must perform the tests within certain guidelines.
Check the labeling of the sample. It must be identified as being yours.

What Are The Speed Limits In Texas?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Prima Facie Interstate 75/ 70mph
Ltd Access Rds 75/ 70mph
Other Primary Rds 70 mph
Residential 30 mph

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar No
Photo Radar No
Aircraft No
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking Yes
Equipment Yes
DWI Yes

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the local authorities and other accidents require a written report within 10 days to Statistical Services, Texas Department of Public Safety, P.O. Box 4087, Austin, TX 78773.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law with securitytype law. Future prooftype law applicable in the event of an accident causing death, personal injury, or property damage exceeding $500. Minimum limits: $20,000/40,000/15,000. Uninsured motorists insurance is required.

What Is The Law Regarding Motorcycle Helmets?

Tue, 29 May 2007 21:19:00 GMT

Texas repealed its motorcycle helmet law in 1997 for cyclists 21 years of age or older. However, in order for residents or nonresidents to go helmetless, they must have proof of $10,000 in medical insurance or proof that they have taken a motorcycle safety course which meets the standards of the Motorcycle Safety Foundation.

What Are The Rules Unique To Texas?

Tue, 29 May 2007 21:19:00 GMT

On many rural highways in Texas, there is a full width paved shoulder, mainly as a breakdown lane. However, it is legal to travel on that shoulder for specific purposes. Mainly, it is used by a slow car to allow faster cars behind it to pass safely without changing into the oncoming lane. This allows cars to pass slow traffic in nopass zones or with heavy oncoming traffic. Care must be taken not to use this lane when cresting hills because over the crest may be a parked disabled car on the shoulder.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are permitted in the vehicle. Consumption while operating a vehicle is prohibited. An open container will enhance punishment if convicted of DWI.
Firearms are permitted in the vehicle. Firearms are required to be cased.
Studded tires (only those that will not damage the highway and made of rubber) are permitted.
Tire chains are not required.
Texas has a seat belt law with primary enforcement for all front seat occupants.
Texas has a mandatory child restraint law for passengers under 5 years of age. Children under age 2 must use approved car safety seats.
Texas has a mandatory motorcycle helmet law.
Registration is not required to be carried in the vehicle. Insurance card must be carried in the vehicle.