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I am Ready to Help You!
Bad things can and do happen to good people. At this difficult time in your life you may be confused, frightened and embarrassed. You probably have a lot of questions, "what do I do now", "will I go to jail," and "what type of lawyer do I need?" Contact Fort Bend County DWI Defense Lawyer Anthony R. Segura now. During the last few years, Mr. Segura has helped hundreds of people charged with DWI in Fort Bend County, Texas.
DWI is a highly specialized and technical area of law. It is for this reason that Anthony R. Segura devotes his practice to the defense of intoxication offenses, including DWI, Felony DWI, DUI, Driving While Intoxicated with Child Passenger, Intoxication Manslaughter and Intoxication Assault.
WARNING: Only Fifteen Days to Save Your License
If you failed or refused to take a breath or blood test, the State has already started the process to take away your Texas driver's license. You have only fifteen days from the date of your arrest to challenge the automatic suspension of your driver's license. If you do nothing, the suspension is automatic and begins on the forty-first day following the day you were arrested. When you retain me, this is the first step I will take to protect your right to drive.
Clients often tell me that other lawyers advised them not to fight the license suspension. They were told it was hopeless and there was no way to win. That is simply not the truth. I win a high percentage of my administrative cases. However, saving your license is not the only reason to challenge the suspension. The administrative process provides the opportunity to gain invaluable information about the evidence in your case. Specifically we may be entitled to question the officers involved in your arrest well in advance of trial. If your case involves a breath test, the breath test operator and forensic scientist in charge of the breath test program may become additional witnesses. For these reasons you should exercise your right to an administrative hearing.
One Arrest May Result in Three Cases
Most people are surprised to learn that a single arrest for DWI may result in three separate and distinct cases. Here in Fort Bend County, each case is assigned to a separate court and will take place in front of a different judge. The primary case is of course criminal in nature. However, you also have the right to an administrative hearing to contest the automatic suspension of your driver's license. In the event your license is suspended as a result of either the criminal or administrative proceeding, I will file a third case requesting that the court grant you an occupational driver's license which will allow you to drive during the period of suspension, to and from work, school and in the performance of necessary household duties.
As part of our comprehensive DWI representation, our office handles all three cases for a single fee.
Do Not Assume Your Case is Hopeless
A careful investigation of the circumstances surrounding the basis for the stop, administration and scoring of field sobriety tests may reveal defects in the government's case. It is not unusual for a completely sober person to fail a roadside balance test.
In the absence of a chemical test to determine alcohol concentration, the issue of whether a person is intoxicated is ultimately a matter of opinion. Police exercise great power when making the decision to arrest. Challenging the basis for the officer’s opinion is fundamental to a sound defense. Researching the officer’s DWI training is crucial. If the investigation was videotaped, a thorough analysis of the officer’s administration of field sobriety tests may reveal mistakes which can be used to explain how the officer reached the wrong conclusion.
If you provided a breath sample, the reliability and accuracy of the breath machine are suspect. You may be surprised to learn that the machine does not directly measure the amount of alcohol present in the specimen. Instead, the machine purports to estimate the amount of alcohol that would be present if 210 liters of breath were collected and the alcohol extracted. The processes and calculations the machine performs remain a closely guarded secret. Moreover, the breath specimen is not preserved for future testing. Thus it is impossible to check the machine’s accuracy.
An aggressive defense should identify police mistakes, exaggerations and incompetence. The limitations of the breath machine will be exposed. Ultimately, the jury’s attention must focus on facts establishing sobriety.
Elements of DWI
A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
“Intoxicated” means:
a) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or b) having an alcohol concentration of 0.08 or more.
“Alcohol concentration” means the number of grams of alcohol per: a) 210 liters of breath; b) 100 milliliters of blood; or c) 67 milliliters of urine. Free Consultation
When we meet I will explain how you can challenge the automatic suspension of your driver’s license. We will explore whether the officer had just cause to detain and arrest you. We will also discuss the many innocent reasons that completely sober people fail the police balance tests. If you provided a sample of breath I will explain the limitations of the breath machine and more. Of course, I am also happy to answer any questions you may have.
My goal during this meeting is to provide you with the information you will need to make important decisions concerning your case. Call 281-242-7070 to schedule a free in person consultation now.
Anthony R. Segura, DWI Defense Lawyer The Park at Sugar Creek 14015 Southwest Freeway, Suite 5 · Sugar Land · Fort Bend County · Texas · 77478 281-242-7070 Telephone · 281-242-7073 Facsimile www.sugarland-dwi-lawyer.com ars@fortbend-dwi-lawyer.com
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