If it’s late at night and you have left a bar or restaurant, the police are looking for you! Police officers are trained to stake out in certain locations and look for people who have been drinking and who decided to drive.
If you are pulled over and you have been drinking keep these things in mind. First, always be polite! Becoming angry with the police officer will only lead to more harassment. Offending the police is the best way to ensure you spend the night in the jail and not in your own bed. Second, always refuse their tests! Officers are trained to use Standardized Field Sobriety Tests. These agility tests are difficult to perform no matter your age, health or condition. The police ask citizens to perform these tests on the side of the road in environments that guarantee you will fail the tests! Third, demand to speak to a lawyer! If an officer is asking you questions on the side of the road, he is trying to trip you up. He is trying to find out if you did anything wrong. You need the help of an experienced lawyer who knows their tricks.
George Napier has attended the same conferences where the State trains it’s police officers. He has sat next to DPS Troopers and Sheriff’s Deputies as they learned how to investigate DWI. George has the experience and training you need to successfully defend you against DWI.
Driving While Intoxicated (DWI) Punishments
There’s no doubt that Texas’ reputation as a “law and order” state applies when it comes to Driving While Impaired (“DWI”, referred to in some states as driving under the influence). In Texas, you can be charged with DWI if you are either visibly impaired or your blood alcohol concentration (BAC) is above .08% while you are operating a vehicle. Unlike in some States, merely being at the wheel of a motor vehicle and being intoxicated is sufficient – you need not be actually moving at the time. There’s also a “zero tolerance” rule for drivers under 21 years of age; that is, having any detectable level of alcohol in the blood can lead to a DWI charge.
If you’re convicted or plead guilty, the penalties are severe for even a first offense. Texas has some of the toughest DWI laws in the United States. As set forth on the chart below, the penalties increase significantly for second and subsequent convictions. Unlike in some states in which prior convictions are ignored after a certain number of years, in Texas they stay on your record for life.
|1st Offense||2nd Offense||3rd Offense|
|Jail Time||3 days – 6 months (1-year maximum for drivers with a BAC of .15% or more)||30 days – 1 year||2 – 10 years|
|Fines||$2,000 maximum (or up to $4,000 for drivers with a BAC of .15% or more)||$4,000 maximum||$10,000 maximum|
|License Suspension||90 days – 1 year||180 days – 2 years||180 days – 2 years|
Note that convictions outside Texas count toward the total number of offenses. You may also be required to undergo an alcohol screening and complete an various courses.
You may feel the police and prosecutor have you dead to rights. However, as you can see from the above pleading guilty will have far-reaching and severe life consequences. We’ll tell you honestly whether an aggressive, strategic defense may be available in your case. If you’ve been charged with DWI in the Houston area, call the Napier Law Firm at (713) 470-4097. We offer prompt appointments and free consultations. Don’t delay – call us today.
Occupational Driver’s License Information
Your driver’s license can be suspended for a number of reasons. One reason is if you refuse to provide a breath or a blood sample during a DWI investigation. Even if you do provide a sample but it comes back over a 0.08 BAC then your license will still be suspended. The suspension does not come from the criminal court system, but it comes from the Texas Department of Public Safety (DPS). You can a request a hearing on this suspension. You MUST request the hearing within 15 days of the refusal. To request a hearing, click here to following link and submit the form:
Your driver’s license can also be suspended if you are convicted of a drug related offense or if you are convicted of DWI. In all cases you can apply for an Occupational Driver’s License (ODL). This will allow you to drive during work hours and in order to take care of dependents. You must apply for this license and only a Judge can grant it to you. Contact us today and get started on your Occupational Driver’s License.