Defense of DWI and other intoxication charges in Southeast Texas County and District Court in Hardin, Jefferson, Orange, Chambers, Liberty, and Harris Counties, including:
drunk driving – driving while intoxicated (DWI defense), driving under the influence (DUI), driving while intoxicated with child passenger (DWI with child passenger), public intoxication, possession of alcoholic beverage in motor vehicle, boating while intoxicated (BWI), intoxication assault, flying while intoxicated (FWI).
It is not illegal to drink and drive. It is illegal to drive while intoxicated. Many law enforcement officers will engage a driver in questioning after a traffic stop for the purpose of obtaining enough information or “clues” to give them “probable cause” to arrest the driver for driving while intoxicated. Some of these “clues” may include the officer’s claim that the driver committed a traffic offense, the claim that they smell the odor of alcohol on a driver’s breath, the claim that the officer noticed nystagmus in the driver’s eyes during the horizontal gaze nystagmus field sobriety test, the claim that the driver could not keep their balance while performing a one leg stand field sobriety test, and/or claim that the driver failed the walk and turn field sobriety test by a combination of failing to follow directions, failing to maintain balance, failing to keep hands by their side, starting to walk on the line too early, taking too few or too many steps, performing the turn wrong, etc.
If a person is arrested for DWI, they will be asked to provide a sample of either their breath or blood. This is done for the purpose of obtaining evidence to be used against the driver, should the test results reflect the presence of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances of any other substance. If the driver refused, the officer may obtain a search warrant for a sample of the driver’s blood. If obtained, the officer can have the sample “forcibly” taken. Should a driver refuse, their driver’s license may be suspended. Should they agree to have the sample taken and they “fail” their driver’s license will probably be suspended. There are steps that can be taken to attempt the suspension from not taking effect, but time is of the essence, as there is a deadline to request a hearing on the suspension. Should a person’s license be suspended, and they drive while it is suspended, they are subject to having additional charges brought against them for driving while license is suspended. The suspended driver may be able to obtain an occupational driver’s license. A person with DWI charges or other intoxication related charges should probably obtain the services of an attorney to help guide them through the complicated process involved in being charged with DWI.
Contact my office to talk with a Kountze and Beaumont area criminal defense lawyer for aggressive defense of DWI charges in criminal court.