You may know that the legal limit in Texas  is .08. What you probably do not know is that you can reach, or exceed that limit after consuming as little as three or four drinks. You probably are also unaware that you can be charged with and prosecuted for DWI even if a test of your breath or blood reveals that you are not legally intoxicated. All it takes is the determination of a law enforcement officer that you were driving a motor vehicle while under the influence of alcohol or any drug, regardless of the amount of alcohol or drugs in your system. The fact that your doctor may have prescribed the drug you were taking makes no difference under the law; you can still be charged and convicted of DUI if you are found to be under the influence of that drug.  If you are under 21 years of age, you can be charged with and prosecuted for a DUI or Driver Under 21 Consuming Alcohol if you had a breath or blood alcohol content of .02 or more.

If you are charged with DWI or DUI in Texas

What your attorney should do for you:

1. Talk to you about the night of the arrest.  It is vital that we create a written record of your recollections of that night as soon as possible.  Over time, memory fades and crucial evidence may be lost.
2. Ensure that all forms and necessary fees are received by the Department of Licensing to contest the administrative suspension of your license.  Again, if these deadlines are missed, a license suspension will result.
3. Represent you at all hearings, both in court and before the State Office of Administrative Hearings for your license.  Be by your side to advocate for you every step of the way, to ensure that your rights are preserved and the best possible outcome of your case is achieved.
4. Guide you through the process of obtaining an alcohol evaluation by a reputable and ethical treatment agency, and ensure that you are able to timely comply with all recommendations of that agency, including treatment and classes.
5. Guide you through the process of obtaining an ignition interlock device license, if necessary.
6. Help you find a reasonably priced provider for high risk auto insurance.
7. Communicate with you regularly regarding developments in your case, including document preparation, plea negotiations with the government, and trial strategy.  We will strive to ensure that you fully understand the ramifications of each step of the process, including accepting or rejecting “deals” proposed by the prosecution and moving forward to motion hearings or trial.