Questions About Fort Bend DWI?
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- The police took my driver's license.
Is my license suspended and can I still drive?
- What will happen at my first court hearing?
- If I am convicted will I have to
spend anymore time in jail?
- I think I did OK but not perfect on the
police balance tests. Does that mean I am guilty?
- The police say I failed the breath
test. Do I have any hope?
- What is ... ?
- Why should I hire you?
Even though the police took your license, your license is not
suspended at the time of arrest. However, you have only
fifteen days from the date of arrest to notify DPS that you intend
to challenge the automatic suspension of your driver's license.
If you fail to do so the suspension is automatic and begins on the
forty-first day following the date of arrest. When you hire me
this is the first step I will take to protect your rights.
Once I do this, the temporary driving permit the police provided to
you on the night of your arrest will remain valid, and you may
continue to legally drive, until the administrative law judge makes
a final decision in your case.
The first court date is a no stress situation. If you hire
me, I will handle everything with the court and prosecutor. No
one will ask you any questions and you will not go in front of the
judge. The purpose of the hearing is simply to notify the
court that you have hired me as your lawyer. This will provide
me with access to the prosecutor's file which will contain the
evidence the state intends to use to prosecute you. After the
hearing, I will let you know the police version of what transpired
on the day of your arrest. I will also request copies of any
video related to your case. You will sign a promise to come
back at a later date. This will give us the time we need to
investigate the facts of your case. You should be in and out
in less than an hour.
First, you should not assume you will be convicted. Let me
gather the evidence and I will let you know what I think your
options are. Now, the answer to your question depends, to a
large extent, on the lawyer that you hire. However, I can tell
you that if this is your first DWI offense and you are represented
by an experienced DWI attorney, it is highly unlikely that you will
have to do any additional time in the Fort Bend County jail.
No. Your performance on field sobriety tests need not be
perfect. All we need to show is that your performance was
normal for you. There are many factors which need to be
considered such as age, weight, medical history and environmental
conditions.
At this point it is hard to say. However, I never recommend
that anyone plead guilty until we have an opportunity to examine all
the evidence. I am not going to lie to you, a breath test
result above .08 makes a case much more difficult, but that does not
necessarily mean you will be convicted. I have handled many
cases in which I have been able to avoid a DWI conviction despite a
failed breath test.
DWI is a highly specialized and technical area of law. It
is for this reason that I devote my entire practice to the defense
of intoxication offenses. This allows me to hone my skills on
a daily basis and the results speak for themselves. I have
earned the respect of and receive referrals from judges, prosecutors
and even police officers.
