DWI/ DUI
If you have committed or are accused of committing a DUI or DWI offense, Plano criminal defense attorney Mac Morris can help you. Here is more information about DWI and DUI offenses, and how a DWI lawyer can help.
DWI/DUI:
Driving While Intoxicated Offenses:
There are many steps involved in the successful, effective representation of your DWI case. They include:
- Initial phone call to my office to discuss your options.
- An explanation of your statutory rights and options in requesting an “Administrative License Revocation” hearing and instructions on how to avoid the “Automatic Suspension” of your license. Please note that you have only 15 days to request a hearing to determine whether or not your license will be suspended.
- Intake interview (initial client information developed).
- Office interview (personal interview with me to discuss all of your concerns).
- Detailed DWI questionnaire (a 32-page information gathering tool which contains discussions of topics ranging from the Standard Field Sobriety Tests, also known as “police coordination exercises to who you were with and where).
- Contract & fees (after you decide that my office will represent your best interests).
- Investigation & research of all relevant laws and the specific facts of your case. I will demand, through formal discovery, the District Attorney prove the following: that the Arresting Officer had reasonable suspicion to stop you in the first place, the Arresting Officer made the arrest based upon probable cause, you were properly advised of your Constitutional Rights, you were properly advised about your choices in providing a breath specimen and the outcome of each choice, the equipment the Arresting Officer used to test you was operating under the standards the State of Texas requires, the person operating the equipment was certified to operate it, and the Arresting Officer was certified in giving you all of the Standard Field Sobriety Tests.
- Intoxilizer and in-vehicle videotape review. You were videotaped in a room with several officers present called the Intoxilizer Room, where the Intoxilizer 5000 is kept. This is the machine you either blew two breath samples into for the officers or you refused to give a breath specimen. You may also have been required to give a blood sample after the police got a Search Warrant for your blood from a Judge! You may have been stopped by an officer whose vehicle is equipped with a video camera. We obtain a copy of this video tape from the District Attorney and schedule an appointment for you to review the video tape. We will also make an extensive evaluation of your performance on the video tape.
- Court appearances, plea negotiations and plea bargains, and if necessary trial preparation. You have three options in handling your case. 1. You may either fully contest the charges or set your case for a trial by the judge or by a jury; 2. You may file legal motions such as a Motion to Suppress Illegally Obtained Evidence or Motion to Dismiss for Lack of Granting a Speedy Trial; and 3. You may negotiate a plea bargain with the District Attorney-meaning if you plead guilty to the charge what is your punishment?
If convicted by a plea, judge or jury you may be ordered to serve a period of confinement in jail and/or pay a fine plus all costs of court proceedings or be placed on probation with many terms and conditions. This detention and/or arrest may remain a permanent part of your criminal record and professional background history. The Texas Department of Public Safety is now imposing a “surcharge” on your Texas drivers’ license beginning at $1000 per year for three years; increasing up to $2000 per year for up to three years.
The range of punishment for a DWI is:
1st Offense: a Class B misdemeanor, punishable by not less than 72 hours in county jail or not more than 180 days in the county jail, and/or a fine not to exceed $2000.
2nd Offense: a Class A misdemeanor, punishable by not less than 30 days in county jail or not more than 365 days in the county jail, and/or a fine not to exceed $4000.
3rd Offense or More: a 3rd Degree Felony, punishable by not less than 2 years in prison or not more than 10 years in the prison, and/or a fine not to exceed $10,000.
If you were given a “statutory warning” and “notice of license suspension and temporary driving permit then you must request an Administrative License Revocation (ALR) hearing by contacting the Texas Department of Safety in Austin, Texas within 15 days of you getting the notices. The number to request your ALR is on the bottom of the front page of the documents the police give you. Either call or fax DPS immediately or contact this office to make the request for you.
If your license is suspended at the ALR hearing or you did not request the ALR hearing within the 15 day limit, you may file a lawsuit in the county where your arrest occurred and receive an Occupational Drivers’ License (ODL). An ODL is a court order from the judge of your court that informs all the peace officers in Texas that you have permission to drive during certain hours up to 12 hours a day. You will need to have a copy of your regular insurance and obtain an SR22 which is another form of insurance. You may also be ordered to install a Deep Lung Device (DLD) into any vehicle you intend to drive, depending upon the level of your breath sample or blood draw.
For your free office consultation, please call DUI and DWI lawyer Mac Morris at (972) 673-0083. I will personally meet with you to discuss your situation. Reasonable payment plans are available and most credit cards are accepted for services.
DWI / DUI Offenses
Drug Offenses
Assaultive Offenses
Copyright 2010 The Law Office of Mac Morris: Plano Criminal Defense Attorney. All Rights Reserved.
