Plano DWI Attorney
A respected DWI attorney serving Plano since 1996
If you have been charged with committing a driving under the influence (DUI) or driving while intoxicated (DWI) offense, you must act now. In Texas, you only have 15 days to request an Administrative License Revocation (ALR) hearing to determine whether or not your driver license will be automatically suspended while your case is pending. It is critical to hire an experienced criminal defense attorney who can prevent you from losing your license, paying expensive fines and spending time in jail.
My name is Mac Morris, and I have more than 16 years experience representing people throughout the Dallas-Fort Worth Metroplex Area who have been charged with a wide variety of drunk driving offenses, including DUI, DWI, intoxicated assault with a deadly weapon, i.e. your car. Texas has some of the strictest laws in the nation when it comes to drunk driving offenses, and my mission is to provide you with the defense you need to beat your charges and keep your criminal record spotless.
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To schedule a free initial consultation, call me today at (972) 673-0083 or feel free to contact me online.
The DWI process
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 ALR 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 to develop initial client information.
- Office interview with me to discuss all of your concerns.
- Filling out a detailed DWI questionnaire. This 32-page information gathering tool which contains discussions of topics ranging from the Standard Field Sobriety Tests to who you were with and where the offense occurred.
- Discussion of contract & fees after deciding that my office will represent your best interests.
- Investigation & research of all relevant laws and the specific facts of your case. I demand, through formal discovery, the district attorney prove:
- 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, 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 Texas requires, the person operating the equipment was certified to operate it
- The Arresting Officer was certified in giving you all of the Standard Field Sobriety Tests.
- Intoxilizer® and in-vehicle videotape review. You and several police officers were videotaped in a room 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 obtained a search warrant from a judge. In addition, you may have been stopped by an officer whose vehicle is equipped with a video camera. I obtain a copy of this video tape from the district attorney and schedule an appointment for you to review the video tape. I 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:
- You may fully contest the charges or set your case for a trial by the judge or by a jury
- 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
- You may negotiate a plea bargain with the district attorney.
Your DWI arrest may remain a permanent part of your criminal record and professional background history. If you are convicted of the crime, you may be ordered to serve a period of confinement in jail, pay a fine and costs of court proceedings, or be placed on probation with many terms and conditions. The Texas Department of Public Safety is also imposes a surcharge on your Texas driver license beginning at $1000 per year for three years, which increases up to $2000 per year for up to three years. By contacting an experienced Plano DWI lawyer, you can decrease the chances of being convicted of the crime, losing your license and spending time in jail.
DWI penalties and punishments
The range of punishment for a DWI is:
- 1st offense: Class B misdemeanor, punishable by a county jail term that can range from 72 hours to 180 days, and a fine of up to $2000. However, if you provide a sample of breath or blood that was above .15 alcohol concentration, then your first offense will be enhanced to a Class A misdemeanor - see below punishment.
- 2nd offense: Class A misdemeanor, punishable by 30-365 days in the county jail and a fine up to $4000.
- 3rd offense or more: Third-degree felony, punishable by two to 10 years in prison and a fine that can total up to $10,000.
Administrative License Revocation (ALR) hearings
If you were given a statutory warning and notice of license suspension, you must request an ALR hearing within 15 days of receiving these notices to retain your license. The number to request your ALR is on the bottom of the front page of the documents the police gave you after your arrest. You can either call or fax the Texas Department of Public Safety immediately or contact this office to make the request for you.
I prepare for the ALR hearing as if I was preparing for trial. At the hearing, the police officer who arrested you testifies for the first time about your arrest. I use this opportunity to cross-examine the officer on the critical issues affecting your case, such as the administration of field sobriety and Intoxilizer® tests, the officer's qualifications to conduct these tests, and the circumstances surrounding the stop of your car and subsequent arrest. If the police officer failed to properly administer any of the tests or violated your constitutional rights by illegally stopping your car, then the ALR Judge may not decide to suspend your license. Also, since the officer's testimony is under oath, the officer cannot change his story later on, and I can use this information to devise strategies on how best to question the officer and the prosecution's case at trial.
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 driver 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 must 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.
DUI offenses in Texas
In Texas, a person under the age of 21 who is arrested for driving with any detectable alcohol on their breath can be charged with a DUI, not a DWI. Texas is a zero-tolerance state, meaning that a driver under the age of 21, legally called a minor, can be charged with a DUI offense when operating a vehicle with any detectable amount of alcohol in their system, rather than the adult legal limit of .08 percent.
If your minor has been arrested for DUI under these zero tolerance laws, I can help you fight these charges and possibly help your minor avoid a permanent criminal record. I work closely with the prosecutor to reduce the charges and often suggest alternative forms of punishment, including community service and alcohol and drug awareness programs. If the DUI charge occurred in Collin County, I can also suggest that your minor request entry into the Deferred Adjudication Program to avoid tarnishing his or her criminal record. Please note that an adult CANNOT receive Deferred Adjudication for a DWI arrest.
Contact an experienced Plano DUI lawyer today
If you need a criminal defense attorney to protect your rights, call The Law Office of Mac Morris today at (972) 673-0083 or contact me online to schedule your free initial consultation. I represent clients throughout the Dallas-Fort Worth Metroplex Area, including Plano, Irving, Arlington, and towns throughout Collin County. Reasonable payment plans are available and most credit cards are accepted for services.
For more information about drug-related DWI offenses, contact Mac Morris, an experienced Plano drug defense lawyer today.
