DWI and DUI cases

Drug Crime Attorney Richard Carrizales
Drug Crime Attorney Richard Carrizales
Drug Crime Attorney Richard Carrizales
Drug Crime Attorney Richard Carrizales
Drug Crime Attorney Richard Carrizales

Selecting the right lawyer to help you with your DWI is a very important decision: Attorney RICHARD CARRIZALES has years experience as a DWI lawyer defending Texans in DWI cases!

 

Under Texas law, a DWI conviction can never be removed from your legal record even after you have paid all fines, completed all community service and been officially released from probation!

Selecting the right lawyer to help you with your DWI or DUI is a very important decision:
Attorney RICHARD CARRIZALES has years of experience as a DWI & DUI lawyer!

CALL US TODAY (214) 821-6055
FREE CONSULTATION

Driving While Intoxicated

DWI is a criminal offense for which a person is arrested because the police officer believes the person is “intoxicated. Intoxication is defined as having lost the “normal use” of his/her mental or physical faculties, or has a breath or blood alcohol content of .08 or higher. In most cases, if you are stopped by the police driving a vehicle and you have had any alcoholic drinks, there is a very good chance that you will be arrested and charged with a DWI. In Texas a first time DWI charge can result in a high fine, a possible loss of your driver’s license, surcharges, probation or even jail time. These possible consequences apply even if you have never been charged with a crime before this arrest for DWI.

Under Texas law, a DWI conviction can never be removed from your legal record even after you have paid all fines, completed all community service and been officially released from probation!

What legal rights do you have if the police officer believes you might be intoxicated?

First, you will be asked to show your driver’s license and insurance. It's very important to be polite and cooperative with the police if asking you for documents. While you may be nervous, frightened, or maybe even angry, it's important to be polite and have your paperwork ready. You should also always keep your hands where the officer can see them.

You have the right to refuse to take all physical tests and to refuse to answer questions from the police! However, you should know if you refuse to answer specific questions about alcohol use, or if you refuse to perform the field sobriety tests, you will almost always be arrested by the police and taken to jail.

Also, you should refuse to provide a portable breath test while on the street as these portable breath tests are not admissible in Court, but the police will try to intimidate you and tell you that you failed the breath test.

However, by refusing to take the breath test, the police will have to see a judge and get a warrant to draw your blood and in most cases your alcohol level will drop by the time the police get a warrant to draw your blood. The officer will almost always ask you to get out of your vehicle and will begin field sobriety tests if they notice signs such as:

    • The smell of alcohol on your breath
    • If you admit to have been drinking alcohol
    • Red or bloodshot eyes
    • Slurred speech
    • Nervousness, slumping, or leaning on your vehicle
    • If you have any visible beer cans or alcohol in your vehicle

What should you do if the police officer believes you might be intoxicated?

If the officer is starting to investigate you for being intoxicated and asks you to get out of the car, you must immediately decide whether you should answer questions or decline to answer his questions? You must also decide if you should agree to perform physical tests on the street while being videotaped?

In most instances, the police officer will have a video camera recording everything you say so be careful of what you tell the officer. You also will be videotaped, or audio taped in the police vehicle while being transported to jail.

PLEASE DO NOT ANSWER SPECIFIC QUESTIONS ABOUT DRINKING AND IF YOU HAVE BEEN AT A BAR, ETC.
YOU HAVE NOTHING TO GAIN BY ANSWERING QUESTIONS ABOUT WHAT YOU HAVE HAD TO DRINK, SO DON’T ANSWER THESE TYPES OF QUESTIONS!

If you have been arrested for a DWI, call Attorney RICHARD CARRIZALES who has years legal experience in defending clients in DWI cases! Call our office for a free consultation!

If arrested, should I take the breath test?

NO! REFUSE TO TAKE ANY BREATH TEST!

There are two kinds of breath tests: (1) the road-side, hand-held test and (2) the Intoxilyzer machine at the jail or police station.

The road-side test is not admissible in court, but the officer will use it to arrest you. He will have you take the breath test on video and he will hold the results up to his video camera in the car for the Judge and Jury to see. You have the absolute right to refuse to take the portable breath test and you should refuse! Tell the police officer you refuse to take the test and don’t try to explain your decision! Remember, you are on camera for everyone to see.

The Intoxilyzer machine is maintained the police station. The results of any breath samples may be very unreliable, but are admissible in Court. If you have had anything to drink you will probably fail the breath test because the machine is very sensitive. The legal limit of .08 is very low for most adults. Additionally, everyone’s body is different and different people will have different results even if they have consumed the exact same amount of alcohol.

What should I do if I am arrested and taken to jail?

    • First, you will be videotaped while riding in the police car so don’t answer questions and do not talk about being arrested to the police officer while riding in the car to jail.
    • Some people believe they can convince the police officer to give them a break and to not arrest them but this never works and the person looks worse on the video.
    • Also do not take any breath tests at the jail either!
    • Ask for a lawyer and keep asking for a lawyer until the officer leaves you alone.
    • Refuse to answer all questions except for your name and date of birth and basically don’t talk while in the video room.
    • Stand still and refuse to perform physical tests while in the video room and don’t let them walk you around in the room.
    • Don’t read papers or statements given to you by the police while in the video room.
    • Do not waive your legal rights!
    • Be polite and do not answer questions!
    • Remember you are being videotaped.

Call us now for a personal consultation

The Law Offices of Richard Carrizales, P.C. handles a wide range of federal criminal charges and will develop and provide an extensive and professional plan to help you and/or your loved ones if arrested and charged with federal criminal drug charges. The Law Office of Richard Carrizales, P.C. is dedicated to providing the best legal defense available for the accused and has years legal experience to help you in your time of need. Call us now for a personal consultation with Attorney Richard Carrizales.

 

ALR/License Suspensions

If you have been arrested for a DWI, you have 15 DAYS from the date of your arrest to request a hearing on your driver’s license or you will not be able to fight your suspension!

Driver’s License Suspension and Surcharge Consequences:

When you are arrested for DWI in Texas you will be asked to submit to a breath test. If you refuse the test your driver’s license will be suspended for 180 days. If you submit to the test and fail it, your license will be suspended for 90 days. Even though you can receive a longer license suspension if you refuse a breath or blood test, at this point you have already been arrested and now you must decide if you have anything to gain by giving the police a breath or blood test sample they can use against you? The answer is NO!

You have 15 days to request an ALR Hearing – Administrative License Revocation Hearing from the date of your arrest to fight the suspension of your license. An Administrative Judge will determine whether there was reasonable suspicion to stop you and whether there was probable cause to arrest you.

If you decide not to request an ALR Hearing, your driver’s license will be suspended on the 40th day after the date you were arrested for the DWI.

Your lawyer can subpoena the police officer to the hearing and if he does not appear, the hearing will be cancelled and your license will not be suspended. If the police officer does appear for the hearing, he will have to testify under oath and your lawyer can question him under oath. Anything the police officer says under oath, can be used in court of your DWI is taken to trial. If the Administrative Judge rules in your favor, your driver’s license will not be suspended and you may have some favorable testimony by the police officer to help you fight your DWI in Court.

However, if the Department's prosecutors can prove that you refused or failed a breath test or blood test when properly requested and after a legal arrest, the administrative judge will authorize the Department to suspend the license for the statutory period.

Another advantage to request an ALR Hearing is that your license if in fact does get suspended, your license suspension will have been delayed 2-3 months later than if you had not requested and ALR Hearing.

If your driver’s license is in fact suspended by the administrative judge, the following suspensions will be authorized under Texas Law.

    • Minor (under 21)               60 Days
    • Adult - Failed Test             90 Days
    • Adult – Refused                 180 Days
    • Adult - DWI 2nd                 1-2 Years
    • Adult – Felony                     2 Years

A conviction for Driving While Intoxicated will result in surcharges by the Texas Department of Public Safety. If the surcharge is not paid, your license will remain suspended.

Attorney Richard Carrizales aggressively defends people charged with DWI and in Administrative Driver’s License Hearings.

DWI - 1st Offense

A first time DWI is classified as a Class B Misdemeanor. The range of punishment for a Class B DWI is from 3 days to 180 days in the county jail and a possible fine up to $2,000.

The jail time may be probated. If probation is granted for a DWI conviction you will be required to perform community service hours up to a possible 200 hours. Further, you will be required to attend a DWI education class, a Victim Impact Panel, monthly random urine analysis among other possible conditions and possibly be required to maintain an ignition interlock on the car you drive. The penalties are costly and time consuming.

DWI - 2nd Offense

If you have previously been convicted of Driving While Intoxicated and find yourself charged with a DWI 2nd charge, you are already aware of the strict DWI laws of Texas. A DWI 2nd Offense comes with stricter penalties, among them are that you will be required to have an interlock device on the vehicle in which you drive as a condition of bond.

A DWI 2nd offense is classified as a Class A Misdemeanor. The range of punishment for a DWI 2nd is from 30 days to 365 days in the county jail and a possible fine up to $4,000. Even if you are given probation you will have to spend 3 days in jail as a condition of probation and you will be required to have an ignition interlock during the probation period. An experienced DWI attorney can defend your rights and help you to avoid a possible conviction and jail time.

DWI - 3rd Offense

A DWI 3rd is classified as a Third Degree Felony. The range of punishment for a DWI Third Offense is from 2 years to 10 years in prison and up to a $10,000 fine.

Even if you are given probation, which can be for up to 10 years, you will have to spend 10 days in jail as a condition of probation and you will be required to have an ignition interlock during the probation period. Many judges will not allow you to drive during the period of probation. You could be required to participate in in house rehabilitation, meaning you will be in jail during this period of probation. It is common to be in jail rehabilitation programs that last a year long.

Additionally you will face a driver’s license suspension of up to 2 years. The Texas Department of Public Safety will require surcharges in the amount of $4,500 to $6,000 to be paid over a 3 year period.

If you have been arrested for a DWI 3rd, call Attorney RICHARD CARRIZALES who has years legal experience in defending Texans in DWI cases! Call our office for a free consultation!

Felony DWI with a Child Passenger under 15 years old

A driver who is stopped and arrested for a DWI and who has a child under 15 years old in the vehicle will face severe penalties in Texas. While generally a DWI is a misdemeanor offense, a DWI with a child passenger is considered a felony, which carries a possible state prison sentence of between 180 days and two years and a fine up to $10,000.

If you were arrested and charged with DWI while driving with a child, it's important to contact an experienced criminal defense lawyer in Texas. Attorney Richard Carrizales has years legal experience defending the rights of citizens throughout Texas, as well as, throughout the United States.