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855 E. Harrison Street Brownsville, TX 78520 Cameron Hidalgo Webb (956) 645-2727 (956) 544-7446 www.texascriminalattorney.net |
Sheldon Weisfeld
Brownsville Texas DWI Lawyer Sheldon Weisfeld
CALL NOW FOR A FREE CASE EVALUATION (956) 546-2727Brownsville Texas DWI Lawyers Compassionate Representation When You Need It Most Charged with a crime? Protect your rights — including the right to remain silent. At Sheldon Weisfeld, P.C., we help South Texas residents facing serious criminal charges.At Sheldon Weisfeld, P.C., we provide aggressive representation, compassionate advocacy, and convenience for our clients. If you have been charged with a crime involving fraud or human trafficking and your rights have been violated, time is of the essence in calling our firm. Seasoned and Bilingual Attorney Helping YouPrior to establishing our firm, Sheldon Weisfeld served as an Assistant Public Defender. Currently, he is a life member of the National Association of Criminal Defense Lawyers and serves on the executive committee and board of directors of the Texas Criminal Defense Lawyers Association. In recognition of his large Hispanic client base, Mr. Weisfeld is fluent in Spanish. Sheldon Weisfeld
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Sheldon Weisfeld, P.C. McAllen, Texas Brownsville, Texas Laredo, Texas Houston, Texas Establishing Your DWI DefenseAt Sheldon Weisfeld, P.C., we take great attention to all the details in establishing your DWI defense. We analyze the initial stop to determine if it was legal. The procedures behind breath and chemical testing are reviewed. The equipment used to conduct those tests must be properly maintained and calibrated, and if they are not, then your tests may be thrown out. While we are handling the legal aspects of your DWI defense case, we also represent you in administrative proceedings related to possible suspension of your license before any trial commences. Looking for the Best Outcome of Your DWI Defense CaseWe will strive to identify the best outcome of your case. That may involve pretrial diversion programs to avoid a conviction, including counseling for a possible alcohol addiction. We may look at reduced charges against you. Please know that even though we seek solutions short of going to trial, we will not hesitate to litigate your case in court if it is in your best interests. The Law on Texas DUI/DWI In Texas, a person is legally intoxicated and may be arrested and charged with DUI/DWI with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. Whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle. What Happens if You’re Stopped If you’re stopped, be ready to show your driver license, proof of insurance and vehicle registration. If you refuse to take a blood or breath test, your driver license will be automatically suspended for 180 days. Punishment for DWI varies depending on the number of convictions: First Offense
Second Offense
Automatic License Revocation The ALR law took effect January 1, 1995. ALR is a civil, administrative process unrelated to criminal court proceedings. How ALR Works:
Suspension Lengths: The offender’s license is suspended for failing the BAC test for:
Chemical Test Refusal A blood or breath test refusal or failure. If a person refuses or fails a blood or breath test following an arrest for driving while intoxicated, the person may receive a license suspension of 90 days up to 2 years. If the driver holds a Commercial Driver License, a breath test refusal or failure will result in an automatic one year disqualification. The offender’s license is suspended for refusing the BAC test for: 180 days, if a first offender; Two years, if previously suspended for failing or refusing the test or previously suspended for DWI, or intoxication assault or intoxication manslaughter conviction. To reinstate the suspended license the person arrested must obtain proof of insurance (form SR-22) from your insurance company and submit to the Texas Dept. of Public Safety (DPS). The SR-22 is required for two years from date of conviction. If a Repeat Offender’s DWI education program has been required by the convicting court, certificate of completion must be forwarded to DPS prior to the expiration of the suspension to prevent an additional revocation period. Alcohol related offenses by a Minor. Persons under 21 years of age who are convicted of the following offenses will receive a 30 day license suspension for the first offense, 60 days for a second offense, and 180 days for a third offense. Purchase of alcohol by a minor, Attempt to purchase alcohol by a minor, Consumption of alcohol by a minor, Possession of alcohol by a minor, Misrepresentation of age by a minor, Public Intoxication by a minor Out-of-State Offenses Suspended driving privilege in another state/jurisdiction. A person who has a suspended driving status in another state is not eligible for the issuance of a Texas license. If an adverse driving status appears in another state after the issuance of a Texas license, the Texas license is subject to cancellation. Texas Transportation Code 521.201, 37 Texas Administrative Code 15.87 (2). Reinstatement Requirements To prevent or lift cancellation of a Texas license due to an adverse driving status in another state, the driver must obtain a clear status from that state’s respective driver licensing agency. Upon confirmation of the clear status from the out-of-state licensing agency, contact must be made with Texas Department of Public Safety (DPS) Headquarters at 512-424-2600 in order for the clearance / compliance to be applied to the Texas driver record. For this type of cancellation, documents submitted to DPS from an out-of-state COURT are NOT acceptable as proof of compliance. Compliance must originate from that state’s driver licensing agency. An unpaid traffic citation in another state. The Texas Department of Public Safety (DPS) may revoke a person’s license if the person has not complied with the terms of a traffic citation received in another state. Reinstatement Requirements Proof of payment for the out of state citation must be submitted to DPS. Proof of payment includes receipt from court, copy of money order or cashiers check, or copy of cancelled check (front and back). Upon revocation, a reinstatement fee will be required prior to the renewal/issuance of a driver license. Out-of-State Offense. The Texas Department of Public Safety (DPS) may suspend a person’s license upon receipt of a notice of conviction of an offense committed in another state that, if committed in this state, would be grounds for suspension. Source: http://www.dot.state.tx.us, http://www.txdps.state.tx.us Probation: Frequently, your jail sentence may be probated for one year. $1,500.00 of your fine is often probated, and your driver’s license suspension is often probated. This means that you will not have to do the 180 days in jail if you fulfill certain requirements for one year, that you will only pay $500.00 of the fine if you fulfill certain requirements for one year, and your driver’s license will not be taken from you if you fulfill certain requirements for one year. This "deal" is a contract between you and the court. The contractual terms are simple. The judge promises not to put you in jail, not to make you pay the entire fine and not to take away your driver’s license. In exchange, if you agree to the probation, you are usually agreeing to fulfill certain requirements such as the following:
These requirements may vary, and the Judge is not required to offer probation. Texas Implied Consent Law: If arrested for DWI, you may refuse to take the requested test. However, such a refusal can result in the following penalties:
DWI Under 21: The law states that a minor commits an offense if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. If you’re under 21, here’s what happens the first time you are stopped for drinking and driving.
If you’re under 21, here’s what happens the first time you are found in possession of alcohol. Any amount of beer, wine or liquor will trigger these penalties.
First Offense Under 18: If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance. Furthermore, the parent or guardian can be forced to attend by the court. Upon conviction, a minor may be fined, and will be required to complete a minimum of 20 and a maximum of 40 hours community service related to education about or prevention of misuse of alcohol. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. Furthermore, if the minor is under age 18, the court may require the minor’s parent or guardian to attend the program with the minor. If the minor fails to complete the alcohol awareness course within the 90 day period the court may impose an additional license suspension up to six months. For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21st birthday. If you’re under 18, here’s what happens if you’re stopped for drinking and driving with a blood alcohol concentration of .08 or greater. Some people, particularly teenagers, can reach a .08 BAC with two or three beers an hour.
Other Possible First Offender Penalties: First Offense DWI with an open alcohol container:
DWI with a child passenger: To drive while intoxicated if there is another person in the vehicle who is under 15 years of age is a state felony. Punishment is confinement to state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00. DWI with an accident where serious bodily injury occurred: This crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3rd Degree Felony). DWI where a death has been caused: This crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies). COMMONLY ASKED QUESTIONS AND ANSWERS
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