Recent Posts in DUI Category

The NFL season may be over, but does not mean that their players do not stop making news.  NFL players Will Allen and Byron Westbrook were arrested this weekend in seperate instances.  It is a shame when a person is merely arrested and it makes national news.  Both of these men are presumed to be innocent.

Mr. Allen was arrested while passing a DWI checkpoint.  Luckily, the citizens of Texas and more specificially Houston do not have to deal with these type of unreasaonable stops.  I have discussed DWI checkpoints before on my journal.  If you would like to see what I wrote last year click here concerning checkpoints and what the Texas legislature had in mind.

The Westbrook family is having a difficult week.  Byron Westbrook's brother, Brian Westbrook, a NFL running back, was released from his Philadelphia Eagle contract today.  I imagine both of these men can not wait for the next season to start since the playing field is where athletes are most able to put away their distractions.

Today, I received the judge's decision regarding an ALR hearing  in Houston I had last week.  The judge decided to suspend my client's drivers license despite the fact that I won her DWI trial in Houston.  These officers decided to attend the ALR hearing only to make it more difficult for my client.  They were upset and this was payback.  I hate that this occurred.  They are able to do this because they do not have to prove that my cilent was intoxicated.  The proof that was required was that she refused a breath test in Harris County.

This is the first time as a Houston DWI Lawyer that a police officer attended an ALR hearing after the criminal case was dismissed.  Some officers can be really spiteful!

A lot has been said about the Houston, Harris County, Texas DWI DIVERT program since it was started earlier this year.  I see both sides of the debate.  It can be a positive for those that are clearly intoxicated and want to maintain a "clear record."  On the other hand, it may unfairly sway the person that has a case that could be won in a jury trial from proceeding to trial when the DIVERT carrot is placed in front of them.  Moreover, the prosecutors are less likely to dismiss the DWI case because they have the program at their disposal.  Therefore, it takes a self confident person to reject the DIVERT offer and proceed to trial.

Today, I had my first trial of a client that declined to enter into a DIVERT contract with the Harris County District Attorney's Office.  The facts could have gone either way based on the offense report and the video.  Nevertheless, as any DWI trial attorney will tell you, what is written in an offense report can change dramtically once an officer gets into the witness stand before a jury.  Lets just say this, after the arresting officer, the state's first witness finished testifying the prosecutor decided to dismiss the case.  I can say without a doubt in my mind that the prosecutor did the right thing.  Thus, my client avoided entering into the rigid DIVERT program.  Despite it's name it is still like probation and in some instances even more difficult. 

Mowing the law on a hot summer day is close to being an American pastime.  I remember as a child being awaken by the sound of lawn mowers going on a Saturday morning.  Thinking back I also remember seeing the men with a beer nearby to quench their thirst.  While I do not mow the lawn at my house I doubt I could do so without knowing that I would be treated to a cold one after I finished mowing my lawn.

Apparently, James Dennis had one too many and decided to take his lawn mower for a ride.  While driving his lawn mower down a Missouri highway he was stopped by the police and eventually arrested for the misdemeanor of DWI in his lawn mower. Incredibly, the police chief said that this was not the first time that he had arrested someone for driving while intoxicated in a lawn mower.

One of the advantages of being part of the National College of DUI Defense is that every member of the college helps one another.  Recently, I was able help fellow DWI Attorney, Brad Schreiber of South Dakota, with a Texas licensing issue.  While exchanging emails with him I was made aware of the fact that his state repealed the implied consent law in 2006. The affect of this is that South Dakota is one of the few states that do not require a breath test.  In fact, his state requires a blood test in DWI cases.

In the past few years Texas has been expanding how law enforcement may collect a blood sample from someone that is arrested for DWI.  If this continues Texas should explore eliminating the implied conset law as it relates to the breath/alcohol test.

After spending a long weekend with fellow DWI lawyers at a DWI seminar I found the seminar to be informative.  For instance, not every state has a jury trial for a DWI offense.  There are some jurisdictions that do not recognize the National HIghway Traffic Safety Administration (NHTSA) manual despite using all the tests.  Most surprising, there are some jurisdictions that do not have an open discovery policy.  I would find it difficult to properly prepare for a trial without having all the evidence beforehand to analyze and prepare my defense. 

The more I attend these seminars and compare and contrast other jurisdictions the better I feel about being a Houston DWI attorney in Harris County, Texas.

I am off to another DWI seminar this weekend.  I hope to learn even more about field sobriety tests, and how the police adminster them incorrectly.  This is three full days of working through all the issues that arise out of a DWI arrest. 

 I am always interested in these seminars because it gives me an opportunity to meet DWI attorneys from across the country.  You would be surprised how differently people handle DWI cases.

This is a question that I get regularly when someone's friend or family gets arrested for DWI in the middle of night in Houston.  For a first time offender, the bond should be set at $500 if they have never been arrested for any other crime.  For a second DWI, that amount increases to $1,000.  The bond amount really takes a jump on a third DWI.  The main reason for this is because after the second DWI any DWI arrest is classified as a felony.  Thus, the bond is set at $10,000 for a person's third DWI.  There are other felony cases that are felonies such as DWI with a child passenger, intoxication assault or negligent homocide.  Those bond amounts range from $2,000 to $25,000. 

Please keep in mind that those amounts are assuming that the person does not have any other arrests outside of the previous DWI when applicable.

As a Houston DWI attorney I see many different types of cases.  A person is always surprised when they are charged with a felony for their first DWI arrest.  This commonly happens when a driver gets into an accident while intoxicated and a person suffers an injury.  This increases the classification from a misdemeanor to a felony.

Please keep in mind that just because a person is charged with a felony means that they will not be convicted of this charge.  The case may still be dismissed or reduced to a misdemeanor.

As I stated earlier this year, I feel like it is my duty as a DWI Lawyer to share my DWI knowledge with the public.  Anyone searching for a DWI attorney or lawyer is bombarded with static websites that essentially say the same thing.  I wanted to give that person more facts pertaining to their DWI arrest.  Please keep in mind that I mainly practice DWI in the Greater Houston area.  Therefore, anything that I mention is mostly how it is done in Houston, Texas.  Nevertheless, this information applies to all Texas' cases and most DWI across the country.

Originally, blood alcohol tests were designed to strengthen the witness testimony.  These tests ignore the differences in the elimination and absorption in each individual.  Therefore, it is unfair when a prosecutor looks at the blood alcohol test to determine the offer that will be made to the accused.

As a Houston DWI Lawyer I enjoy keeping up with all the DWI arrest gadgets.  Here is a new IPhone application that may help prevent a DWI arrest. 

If you would like more information regarding a DWI arrest in Houston please click here for the Houston DWI Attorney website.

The Harris County District Attorney's Office has reached their first milestone with the DIVERT program.  Today, Texans', wide receiver, Jacoby Jones, became the tenth person to start the program since it started in August of this year.  It is not expected that Mr. Jones will get disciplined by the National Football League or the Texans since by entering the Houston Divert program  a conviction is averted.

Currently, I have three clients waiting for their DIVERT interviews.  It seems like the District Attorney's Office did not properly staff the program because the wait to get an interview is over a month long.  I anticipate that the wait will decrease once the program is properly managed.

Most people think that their drivers license is automatically suspended just because they are arrested for a DWI in Houston.  This is probably due to the police officer confiscating the drivers license when they make an arrest for DWI.  Regardless, it is important to know that a Texas drivers license is not automatically suspended when someone is taken into custody for drunk driving.  A person still has the opportunity to save their driving privileges.  They must request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (DPS) within 15 days of the arrest.  The paperwork that was given to the person when their license was taken away from them serves as temporary drivers license until a final decision regarding the suspension is made at the ALR hearing.  While the paperwork states you will have a license for 40 days in actuality it is not suspended until that final decision is made at the ALR hearing.  It is quite possible that your drivers license will never be suspended.  Do not panic if you do get a hearing date right away.  The hearing date will be well past the 40 days and running at the very least 4 months from the DWI arrest.  At the ALR hearing the Government must prove the following: 1. that there was a reasonable suspicion for the stop or that probable cause to arrest the driver; 2. there was probable cause that the driver was driving while intoxicated; 3. the driver was placed under arrest and asked to submit to a breath test; and 4. that the driver declined the breath test or provided a breath sample above the legal limit of .08 in Texas.  While it is easier for the Government to win at ALR hearing since it has a much lower burden of proof called the preponderance of the evidence at the hearing compared to beyond a reasonable doubt in the DWI case many cases are won at the ALR saving a person's drivers license.

If you would like to speak to a Houston DWI Lawyer please contact our law firm at (713) 225-1038.

As a Houston DWI Lawyer I have a few clients that are interested in the Harris County DWI Divert program.  They have been evaluated, approved, and are now waiting for the opportunity to take the test, and be interviewed by the Community Supervisions Department.  The problem that I have been encountered so far has been trying to schedule the appointment time for my clients. 

Apparently, I am not the only one that has experienced this problem.  Starting this week the new policy will be that one of the prosecutors from the court will call someone from the DIVERT program to schedule the appointment.  After that, the case will be reset a week after the confirmed interview date.

Si udsted busca un abogado en Houston por favor oprima aqui.  Todo en estas pagina esta en espanol. Yo soy un abogado que hablar espanol.  Ademas toda las personas en mi oficina habla su idioma.

I am a Spanish speaking criminal defense attorney in Houston.  If you would like to speak to me please call my office at (713) 225-1038,

There are three ways a person may be found to be driving while intoxicated.  Please click here to find the Texas DWI statute.  Also, take note of the ommission of the word drunk.

It is imperative that you hire a DWI attorney that can properly defend your case since the consequences are so far reaching. 

One of my clients, that had a DWI arrest dismissed, cleared from their record had the experience published.  I was given permission to post it here.  Despite getting the case dismissed the urge still existed to inform the public about what it is like to be arrested for DWI in Houston, Texas.

One Sunday evening, I joined 98,000 other Texans who share a similar plight.  I was arrested for DWI.

I was at a party hanging around, eating and drinking..  It was that last Shiner Bock that wrecked my life.  The drive home wasn't far, but somewhere along the way a police officer got behind me and thought I wasn't driving "quite right"- not staying completely in my lane.  He pulled me over and asked the usual questions about insurance, and he asked if I had been drinking that night.  I was surprised by that question.  Why would he ask that?  I was driving fine.  I knew that I wasn't drunk.  For some reason, the cop thought I might be.  The next thing I know he has me out of my car and I am doing some tests.  Incredibly to me, I am being arrested.  My car is being towed, I am not given a receipt, or where it would be towed.  I had to beg to be allowed to get my purse before it was towed.  Suddenly, this was all starting to feel quite surreal.  I cannot describe the feelings of humiliation and confused and despair as I sank into the bank seat of that dark police car, my hands locked in metal cuffs behind my back, totally alone, not having a clue what was to happen.  How could this be happening to me?

Arrested?  Going to Jail?  Me?  How could this be happening to me?  I am an upstanding citizen.  I am a good person.  I own a home, a car, I have a college degree and a good job, I go to Church, I walk my dog, once I hammer nails for Habitat for Humanity.  Doesn't the cop see the 100 Club sticker on my rear window?  How could this be happening to me?

I will share more in the future...

Judges are required to order the installation of the interlock machine on subsequent DWI offenses in Texas.  Also, most Harris County, Texas judges order the machine to be installed when there is an accident involved in the criminal case.  The most annoying part of this is that they do this regardless of who caused the accident or if the person accused is guilty or not of the DWI.  What ever happened to being presumed innocent?

Luckily, not all Texas judges act this way.  This practice is not common in Fort Bend County, Texas.  It has been my experience that a person arrested in cities of Sugar Land, Missouri City, or Richmond  fair much better then someone arrested for DWI in Houston.

Please remember to pay your DWI surcharges because if you do not pay them your license will be suspended.  Also, if you have been granted an occupational license by a court that will be invalid as well.

The best way to prevent this is by get your DWI case dismissed! You need an experienced DWI attorney handling your case.  There are too many consequences that may impact your life to allow someone that is not familiar with DWI law to handle your case. 

According to a recent study, nationwide, the number of women arrested for driving under the influence or alcohol or drugs was 28.8 percent higher in 2007 than it was in 1998, while the number of men arrested was 7.5 percent lower. The study is  based on figures that cover about 56 percent of the country. Granted, this is an incomplete sample, the trend is still disturbing.

As the New York tragedy demonstrates driving while intoxicated with children can have tragic consequences. In Texas  Driving While Intoxicated with a  Child Passenger is a felony. With the trend in the rise of women driving under the influence and women being the traditional children's caretaker it stands to reason that we will see more arrest for these types of cases and sadly more possible tragedies.

Today, many Houston DWI Defense Attorneys attended a meeting with Roger Bridgwater, the assistant district attorney that is heading up the Pretrial Diversion program in Harris County.  The meeting was very informative.  Some of the highlights of the meeting are as follow:  first, and as a general rule anyone that has been handled by the police before will be ineligible for the program (including dismissals, not guilty verdicts, and PI cases).  Second, anyone with a felony charge will not be eligible (DWI child passenger cases).  Thirdly, the probation department will be supervising the person during the program and finally an ignition interlock with a camera will be required.  A person may be released from their surety bond pending completion of the program.  The length of the pretrial will be from 1-2 years depending on how they score after being tested and evaluated by the probation department.

A draft of the contract that will be required to be executed was handled out at the meeting, I will comment on that in a later post along with the type of people the program aims to help.

Now that the Harris County District Attorney's Office is going forward with the pretrial diversion program  for DWI cases should judges inquire if each defendant that is entering a plea of guilty before them has been made aware of this opportunity?  A judge's role is to protect everyone's rights.  Therefore, if the judge has an inkling that the person before them may qualify for a pretrial diversion for their DWI case and has not been informed of this possibility by their attorney for whatever reason the judge should caution the person about the consequences.

I realize that there a lot of variables in each case, and the plea admonishments discuss essential rights, but this new program changes the playing field for all DWI attorneys in Houston.

One of the most frustrating things about being a Houston Criminal Attorney is having to wait for the assigned prosecutor to do their "RIP" call.  "RIP" stands for Restitution, Injury, and Punishment.  It is the Harris County District Attorney's Office policy to refrain from making a decision on a case before they contact the alleged victim in a case.  While I understand the policy, it is frustrating for everyone involved to needlessly appear in court because the alleged victim can not be contacted.  It is not uncommon for a person to attend several court settings while incarcerated, serving more time than they deserve because a police officer neglected to get the victim's contact information.

Most commonly, these are misdemeanor DWI, Assault, and Criminal Mischief cases.  A prosecutor should be allowed to determine the severity of the crime without the necessity of contacting the complaining witness and resolving the case in a more equitable manner.  The judge, the trial prosecutor, the jail, and the defendant would find closure much quicker when these cases are handled appropriately.

I am frequently contacted by someone wanting to clear their old DWI conviction from their record.  I dislike telling people that despite what their lawyer told them ten years ago their probation for DWI is not eligible to be cleared from their record.  I think that some people look at their criminal record like their credit report.  They are under the assumption that after a certain number of years the charges come off some way and if they contact the right attorney they can make this happen.

The only way to have your DWI cleared from your record is by previously having your case dismissed before going on probation, or going to trial and being found not guilty by a judge or a jury.  Lastly, if your DWI was so long ago that you received a deferred adjudication you may qualify for a motion for non disclosure.

I like to refrain from commenting on local criminal cases, but Emilio Navaira's DWI case illustrates several different aspects about a criminal case in Houston that are important to note.  First, since his injuries were severe it showed that the accused needs to be competent to stand trial.  Second, it depicts how long a DWI investigation can last. In this case it was close to a year.  Third, it illustrates how the Harris County District Attorney's Office still may charge Emilio with intoxication assault since other people were injured in the accident. 

Emilio was smart to post a non arrest bond when he was notified that there was a warrant for his arrest. This allowed him to skip being formally arrested and booked into a jail.  Moreover, his bond would have been set around $1,000 because he only has one previous criminal conviction.  However,  he was also charged with his second DWI in Bexar County before this incident raising the bond in this case to $5,000. Also, he signed an affidavit stating that he did not own a vehicle to the Bexar County Court, therefore the reason that he needed to do this is because the law provides that in this situation the accused must install an ignition interlock device in their vehicle.  A person that does not own a vehicle also signs this type of affidavit in Harris County, Texas, but in a lot of courts the person must also get fitted with a scram device. 

On the bright side, while Emilio looks to the non-criminal lawyer to be a third DWI offender under Texas law he is actually still considered to be a second offender  because he has never been convicted of  a second DWI.  This is significant to mention since a third offender would be facing up to ten years in the Texas Department of Corrections instead of one year in a county jail for a second DWI offense.

Mr. Navaira's case will be heard in the Harris County Criminal Court at Law #11 where Judge Diane Bull presides.

The Harris County District Attorney's Office is considering a progressive approach to the way that first time DWI offenders are prosecuted.  The plan being considered is to grant a pretrial diversion to those charged with their first DWI.  The program would spare the person from having a conviction for the rest of their lives if they successfully complete the program. 

As a lawyer that routinely sees the effects of a DWI conviction I applaud this approach by the District Attorney's office.  Most of the people that we assist with a DWI arrest are first time offenders.  As I have stated on this blog the consequences of a  DWI conviction can seriously impact a person's life.  This new policy will help countless people in Harris County.

This decision by the  Harris County District Attorney, Pat Lykos, is a departure from her earlier proposals that seemed to be politically motivated.  Conversely, I suspect this approach will cause M.A.D.D, and other DWI zealots to adamantly oppose this approach that has proven to be effective in other jurisdictions.  The zealots will direct the public to the numbers of DWI fatalities in Texas, but will not admit that the methods that are currently being used to prosecute DWI cases are not working.  Thus, a fresh approach is to be commended.

Since I have been a Houston DWI lawyer DWI checkpoints have been outlawed in Texas.  That could be changing if a proposed bill becomes law.  These checkpoints allow the police to stop anyone without having probable cause to check for the possibility that the driver is operating a motor vehicle while intoxicated.  The proposed bill is unclear.  For instance, what will be the system in place for stopping  the vehicles, where will the checkpoints be located, and will the checkpoints be publicized like the bill suggests?  Also, surprisingly, the police will not be asking for proof of insurance or a driver's license when they make the stops.

While the United States Supreme Court has found the checkpoints to be constitutional many states have found them to be unconstitutional. Even if the bill passes I am confident that it will be heavily litigated in Texas.

If you have any questions regarding your DWI arrest please call our law firm at (713) 225-1038 or (800) 724-1876 for a free consultation.

As a Houston DWI Attorney I dislike having to break it to people all the costs that are associated with a DWI. Most people know the consequences of a DWI conviction.  There is jail, fines, and the revocation of driving privileges.  The costs of a DWI conviction can range from losing your freedom, to losing your hard earned money, to the very right to travel outside the United States of America.

Texas legislators have found that someone convicted of DWI is an easy target.   For example, in Texas there are mandatory conditions for a DWI conviction.  Two examples include, DWI School as well as a Victim Impact Panel. The Victim Impact Panel is a humbling meeting for the accused, made up of Mothers Against Drunk Drivers members who convey harrowing stories of DWI victims.  In other instances the Ignition Interlock Device is required and community service will also be involved.

There are many costs associated with a DWI.  There are attorney fees, fines, court fees, mandatory surcharges imposed by DPS, potential civil suits, electronic home monitoring, time lost from work, programs and community service, license reinstatement fees, Interlock device, alcohol treatment, insurance premium rates rising, towing and storage fees. A conservative estimate would easily put the costs in the neighborhood of $10,000.

There are other consequences of a DWI conviction which involve more than money. Many automobile rental agencies will refuse your business. If you are convicted, you may not be able to obtain life insurance at any price. Likewise, many health insurance companies will charge you an extra premium, or deny you coverage. A  conviction may restrict you from traveling to some countries. Most countries only exclude you for a felony, but some, like Canada, treat all criminal convictions, including DWI as a basis for exclusion from the country.

If you have any questions regarding a DWI please contact our law firm.  We offer free consultations.

It looks like the Harris County, Texas District Attorney's Office went full force in the enforcement of the First Marathon Memorial "No Refusal" Weekend . The program netted over 200 DWI arrests in Harris County alone.  I wonder how this compares to a normal holiday weekend?

Warren Diepraam, a former Harris County Prosecutor, who now works for the Montgomery County District Attorney's Office, also initiated the same type of program with and added the arrests of boating while intoxicated on Lake Conroe.  I anticipate that the citizens of Montgomery Country are in for a dramatic change in the way a DWI is going to be prosecuted in the future with Warren leading the charge.

As a DWI Attorney I get to witness how each court treats people accussed of DWI.  The courts of  Harris County, Texas are always attempting to monitor a person's alcohol consumption when charged with a DWI. There are several reasons the court attempts this, mostly it is because as a condition of probation a person is not allowed to consume alcohol. Another is because a person has been previously convicted of an alcohol related driving offense and now there on bond in their court. The ways the court has tried to do this include:
 

• bordering for urine analysis,
• random alcohol screenings,
• installing breath reading equipment in your home or vehicle (interlock), and
• ordering the SCRAM Device

The SCRAM (a Secure Continuous Remote Alcohol Monitor) allows the court to monitor your alcohol intake continuously.

When the SCRAM device is ordered by the court, a person will be fitted with a tamper-resistant ankle bracelet made up of two boxes. One box will conduct the tests that will compute your BAC (blood alcohol content). The second box stores the calculations and transmits the data. The SCRAM device is designed to test your BAC level every hour. If the device detects any alcohol in your system, the test repeats every thirty minutes.
 

There are many different reasons the court orders a SCRAM to be installed. The reasons include being convicted of alcohol related offenses in the past; a person states that do not have a vehicle to install the guardian interlock, or a judge that finds it to be the best way to monitor an individual.
 

The SCRAM device is expensive.  You will have to pay a refundable $100 deposit, a $75 fitting fee, and a weekly fee while you are wearing the device . Most importantly, the fees must be paid in full before the device is installed and fitted.

Texas law requires a county like the size of Harris is required to videotape anyone that is arrested for DWI.  Most agencies usually leave their tape with the District's Office within the week of the arrest.  Commonly, DPS takes much longer to drop off the tape.  In my practice I have waited over a month to see a video made by DPS. 

Lately, I have had cases where the arresting officer does not drop off a video tape.  When that happens the prosecutor has to make a decision whether to dismiss the DWI case or proceed to trial knowing that I will get an instruction for the jury letting them know that the police officer was required to make a video tape of the field sobriety tests.  Luckily, I have come across reasonable prosecutors that have dismissed the DWI case when the video tape can not be found.  I wonder if there is a reason this is happening and will it continue?

A Texas Department of Public Safety audit has revealed that the breath tests from eight Houston area police departments have been comprised because the test machines were not properly tested by the certified supervisor.  The machines in question are the breathalyzers that are used to determine if someone is legally intoxicated.

How is the Harris County District Attorney's Office going to handle this tricky situation.  Will current cases be dismissed?  Will there be any retrials of old cases?  I imagine that the prosecutors will have to evaluate each case like there is no breath test.  The likelihood is that you will see more breath test cases going to trial.  Thus, a misdemeanor prosecutor's job just  got harder.

DPS officials said they suspended the supervisor's certification, and the Texas Rangers launched a criminal investigation.

"These are serious allegations and we will not tolerate any activities that call into question the integrity of the breath test system," said Col. Stan Clark, interim DPS director.

If DPS was truly concerned with the integrity of the breath test system they would release the machine's software to the defense bar so it could be independently tested.  Until this happens the machine will never have any credibility.

Lastly, will we be seeing criminal charges against the supervisor?  It seems clear that he may be charged with falsifying government records, a felony.  Stay tuned.

As a Houston DWI Attorney I help those charged with DWI . I have helped all types of people.  Despite the different backgrounds of my clients they have several things in common.  Mainly, they say the can not believe a DWI happened to them.  For many, a DWI charge is the first time they have been arrested for a crime.  Also, they never intended to drive while intoxicated.  Not surprisingly, the law the does not require that a person intend on driving while intoxicated like most other crimes.

If you have been arrested with for DWI/DUI keep several things in mind.  After getting some needed rest read the forms the police officer gave you.  At the bottom of the main form you will find the contact information to save your drivers license.  You have 15 days to schedule a hearing to save your license.  You should do this before even talking to an attorney.  Next, speak to several attorneys on the phone and schedule as many office interviews as you can.  Most DWI attorneys like myself will offer a free consultation.  Choose your DWI attorney based on your instincts.  Decide if you and the attorney are a good fit.  Do they answer all your questions?  How easier will it be to get a hold of them?  What type of experience do they have with DWI/DUI cases?

Many people are embarrassed about being arrested for DWI/DUI, but  keep in mind that it truly can happen to anyone even a judge that routinely handles criminal cases.

Billy Puckett, the groom that was arrested on his wedding day for DWI in Houston, plead guilty on Friday, on his first court date.  Mr. Puckett received the standard probation for a first time offender, a one year probation, a small fine, and community service.  Curiously, he was also ordered to have an ignition interlock installed in his vehicle.

While it is uncommon for a person on bond to enter a guilty plea on their first court appearance it is still up to the client to make that decision. Due to Mr. Puckett's decision in this case his lawyer was unable to fully investigate the case.  As you may imagine this takes more than one court setting in order to properly defend a DWI case.  Perhaps, Mr. Puckett and the attorney he hired, Joseph Gutheinz, a family friend, just wanted to put this sad affair behind them.

I found it curious that from news accounts it seemed that Mr. Puckett's attorney was a potential witness in the case.  If so, I hope that Mr. Gutheinz looked over Texas' Disciplinary Rules of Professional Conduct 3.08 where it clearly states a lawyer should not have accepted representation if the lawyer may be a witness in the case.  At the very least this has to be disclosed to the client from the outset.  Here's hoping Mr. Puckett successfully completes his probation.

Many of our clients are first time offenders and have typically never been in trouble with law enforcement prior to contacting us for help.  When they arrive at our office the first thing they they normally tell us is how badly they were treated by the police.  They also can not understand why the officer did not take into account their otherwise pristine criminal record.  I often tell them about the different cases that we have defended where we have been amazed at the fact that an arrest had in fact taken place.

A perfect example of the police not making an exception for anyone is the recent  DWI arrest of a groom on his wedding day.  His case landed in Harris County Criminal Court Law #7 where Pam Derbyshire presides. 

Luckily, every person that is charged with a DWI is presumed to be innocent and there are an infinite amount of ways a case may be defended. 

I applaud M.A.D.D. for all they have accomplished in raising the awareness of driving while intoxicated, however M.A.D.D like other organizations tend to go overboard at times.  They seem to lack any sympathy for the first time offender of DWI. 

I have never met a person who intends to commit the crime of DWI, unlike a person who commits a theft, or an assault.  Accordingly, the law in Texas does not make "intent" an element of the crime.  I routinely tell my clients that anyone may be arrested for DWI and this does not mean that they are bad person or even that they are guilty of the crime.    A perfect example of this is Charles Beebe, a Cincinnati Police Officer, and a Top Cop M.A.D.D. award winner, who was arrested for DWI.  I am sure Officer Bebee is glad that he is presumed innocent just like everyone he ever arrested.  His case is still pending trial.

After wining a DWI trial  today I am really thankful that I have the opportunity to prove my clients innocence.  I am continually surprised to learn that many states do not provide this opportunity for those accused of DWI.

If you would like to speak to an experienced DWI lawyer call us at (713) 225-1038 or visit our website at www.dwiattorneysinhouston.com.

I found it unbelievable last week during trial the that the Cypresswood substation located in Harris County, Texas does not have a working videotaping device for DWI cases.  According to Constable Norris, a Corporal with the Harris County Constable Precinct 4's Office, it is common knowledge that this is occurring, but it is not up to the constable's office to get the device in working order.  He is of the opinion that it is up to the Harris County District Attorney's Office to maintain the videotape machine in working order.  That statement completely floored both prosecutors trying the case and is completely wrong.  Most appalling, is that after speaking to other attorneys in the courthouse this is not the first time that this Constable has testified that a videotape was not made in a DWI case.  Constable Norris understands the importance of a recording of someone ac cussed of DWI, but cavalierly dismissed the idea during trial.  A DWI video not only allows a jury to see the accused for themselves, but allows a lawyer to review a police officer's actions during the tests.  It is quite common that an officer does not explain the test correctly, or follow the specific guidelines developed.  If an officer does this incorrectly the tests results are deemed invalid.

Since Kate Dolan, the Misdemeanor Division Chief, was in court during his testimony I am confident that she will look into this issue.  The citizens of Harris County deserve much better!

If your DWI breath test case was reviewed by Deetrice Henderson Wallace, a scientist hired by Houston area police agencies, to inspect Intoxilyzer machines you may be in luck. The Texas Department of Public Safety has invalidated all breath tests she reviewed.  Thus, your case may be found to be lacking sufficient evidence for a criminal conviction. 

I am confident that the Harris County District Attorney's Office will review each case individually in order to determine if they warrant a dismissal.  The problem that I foresee is that the DA's office destroys all DWI video tapes after the case is over.  Regardless, without a DWI tape or a breath test their DWI case becomes much harder to prove.  I think they are going to find it problematic to review a DWI case when their key pieces of evidence are missing.  Therefore, you may see more DWI dismissals by the Harris County Districts Attorney's Office after this announcement.

Ms. Wallace has been charged with the state jail felony of Tampering of a Government Record.  The range of punishment for a state jail felony is from 180 days to two years.  Her case will be heard in the 182nd District Court of Harris County, Texas.  The presiding judge of that court is Jeannine Barr.  I am curious to see what the outcome of this case will be considering the damage it has done to credibility of future breath tests.

I imagine the samebreathalyzer machine will be used in these vans.  If so, will the machine's owner release the software pertaining to how the machine works.  If a machine is going to brand someone a criminal and effect their life so much the accused deserves to know how it works.  Typically, prosecutors say that it is a trade secret of the company that makes the machine.  That poses the question what is more important, the trade secrets of a company or the constitutional right to due process, which surely includes the right to examine a machine used to determine if someone is guilty?

If you take the route of refusing to take the breath test you are not out of the woods.  The DWI van is equipped for a quick warrant to be faxed in where an on-call judge can force the involuntarily draw of blood from the accused.  Does that mean that the van will have nurses ready to draw blood?  How well will the Houston Police Department be able to preserve the evidence?  We all know how well the Houston Police Department has handled important evidence in the past.

Robert Hood, a Texas resident, was able to get arrested four times in two weeks for driving while intoxicated. Remarkably, this occurred in the states of Wyoming, South Dakota, and Nebraska.  Would this be possible in Houston, Harris County Texas?

A person with no prior DWI convictions would still be considered a first offender in Texas.  Luckily, Mr. Hood has not been convicted of DWI so he is still a first offender.  Nevertheless, most judges in Houston would have made it difficult for Mr. Hood to drive a vehicle and treat him like a repeat offender while on bond.  For instance, anyone who is arrested for DWI/DUI charge while on bond for DWI would be ordered to have a guardian interlock device installed in their vehicle.  A guardian interlock device is an in car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit of .02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is located inside the vehicle, near the driver's seat, and is connected to the engine's ignition system.  Moreover, their bond would be set higher and higher after each arrest.  Perhaps, a judge would go as far as not granting a bond after his third or fourth arrest.  Therefore, the likelihood a Houston Harris County, Texas judge allowing this to happen is unlikely.