Texas law creates serious penalties for those accused of driving while intoxicated.
A first-time DWI offender faces a license suspension for 6 months, a maximum fine up to $2,000 and up to 180 days in jail. Anyone charged with a second DWI faces even tougher penalties, and a third DWI conviction in Texas is treated as a third degree felony, carrying a penalty of up to 10 years in prison and a $10,000 fine.
The State of Texas is doing everything in its power to convict defendants of Driving While Intoxicated. You need someone fighting just as hard for you. I believe the best way to defend is to attack. I will fight your DWI at every level, from the license suspension all the way to verdict at a jury trial.
DWI in Texas is an opinion crime. This means that if a police officer believes the defendant has “lost the use of his or her normal physical or mental capacities," an arrest will be made. A blood or breath test result is not required for a DWI conviction in Texas. To convict a person of DWI in Texas the prosecution must prove to the jury beyond a reasonable doubt that either:
1) The driver had a blood alcohol concentration (BAC) of .08 or higher while driving,
OR
2) The driver had lost the use of any of his normal physical or mental faculties as a result of the consumption of alcohol.
Either of these scenarios is enough for a conviction in Texas. That is why you need the Law Office of Lance Turnbow on your side. Do not assume you should simply plead guilty. I will explore all options that could result in a possible dismissal or not guilty verdict. FIGHT BACK!
DWI VIDEO
Most local police cars and almost all DPS or Trooper vehicles are now equipped with video cameras. Officers turn these cameras on when they begin pursuing a DWI suspect and they do not turn them off until you arrive at the police station. Once at the police station, some agencies will continue to monitor you with a camera in the “Intoxilyzer Room,” which is a room where breath tests are given to DWI suspects. YOU ARE BEING FILMED THE ENTIRE TIME! Every physical action and every word you say will most likely be played for the jury at trial. At trial, the prosecution will attempt to use every minor detail in the video to prove you were intoxicated. Do not give the state extra ammunition! You do not have to perform any field sobriety tests, you do not have to give a breath or blood sample and you do not have to answer any questions.
ADMINISTRATIVE LICENSE REVOCATION
Unfortunately, an arresting officer is legally authorized to take your license away from you at the station because he suspects you are Driving While Intoxicated. He will then issue you a Temporary Driving Permit. When you are released from jail, one of the numerous papers you will receive will explain that you have a right to a hearing regarding the suspension of your license. YOU OR YOUR ATTORNEY MUST REQUEST THIS HEARING WITHIN 15 DAYS OF THE ARREST. If it is not requested in the 15-day period, it is waived and your license is suspended automatically. These Administrative License Revocation (ALR) hearings are a good opportunity for your attorney to examine the officer and find out what his testimony will be if the case goes to trial.
ESSENTIAL NEEDS LICENSE
One of the most difficult inconveniences resulting from a DWI is the fact that your drivers license will usually be suspended for at least 6 months. The Law Office of Lance Turnbow can help you obtain an Essential Needs License to use during the suspension period. This license only allows for limited driving privileges but it will allow you to drive to and from work or school. Eligibility depends on your driving history, but most people who have not had more than one DWI in the last 10 years can qualify. Please call my office if you have any questions about obtaining an Essential Needs License.
