Why You Should Request an ALR Hearing after a DWI Arrest

Posted on | January 4, 2012 | No Comments

If have been charged with drunk driving in Texas your arresting officer likely confiscated your drivers license, but provided you with a temporary permit that will allow you to operate a vehicle for 40 days. Within fifteen (15) days of your arrest you may request a hearing before the Administrative License Revocation (ALR) office, if you want to contest the loss or suspension of your driving privileges after the permit has expired. If you fail to request a hearing, your license will automatically be suspended after 40 days.

One of the most important reasons for requesting an ALR hearing will provide your attorney the opportunity to subpoena your arresting officer come to the hearing and demonstrate that there was reasonable suspicion to pull you over and probable cause to arrest you. If the officer cannot demonstrate either reasonable suspicion or probable cause in the ALR hearing, the ALR Judge will not suspend your license (so there is no need for a temporary occupational license) and most importantly the state may choose to drop or reduce the criminal charges for fear that they will not be able to prove the required elements in the criminal proceeding.

Regardless of whether your license was suspended for refusal to take a chemical test, or because you tested above the legal limit, requesting an Administrative License Revocation hearing will force the police and prosecutors to put their cards on the table. Whether you submitted to a breath or blood test, was forced by the officer to give blood, or just refused, the state must show that there was reasonable suspicion to make the traffic stop, that there was probable cause to believe that you were intoxicated, that you were properly subjected to chemical testing or that your refusal was made to a proper request by the officer. If you were required to give blood subject to a warrant signed by a magistrate for your blood, it is important to verify that the police obtained that warrant properly and the warrant was served on you properly.

Contact Our Experienced Texas DWI Defense Lawyers

At Alexander & Associates, we bring more than a decade of experience to individuals throughout Denton County who face prosecution for driving while intoxicated. Attorney Karen Alexander is a former county prosecutor who has handled more than 100 criminal proceedings. To set up a private meeting with a knowledgeable attorney, contact our office online or call us at 972-420-6570 (in Frisco), 972-420-6560 (in Lewisville) or 817-756-4040 (in Colleyville).

Third DWI in Texas

Posted on | November 28, 2011 | No Comments

In Texas, when you are charged with a third (or subsequent) drunk driving offense, you face prosecution for a felony. If convicted, you can face a fine of up to $10,000, and could go to jail for anywhere from two to ten years. Your driving privileges can be suspended for period of six months to two years and you can be ordered to perform a minimum of 160 hours of community service.

The state of Texas also makes the use of a “deep lung air device” mandatory for third offense drinking and driving convictions. The deep lung air device, formerly known as an “ignition interlock” is attached to your vehicle and requires that you take a breath test in order to start your vehicle.

Because a third conviction for driving while intoxicated signifies a serious problem with alcohol, the court must order some form of rehabilitative treatment, if you are to avoid incarceration in the state penitentiary. You may be required to participate in in-patient substance abuse programs, such as Substance Abuse Felony Probation (SAFP), where you are confined to a state facility for substance abuse rehab. If you successfully complete the SAFP program, you can be released on probation, for a period not to exceed 10 years.

When facing charges for a third DWI in Texas, it is critical that you not engage in conduct that jeopardizes your defense. You may believe that police did not have probable cause to make the traffic stop. Don’t try to argue that point with law enforcement officers. In fact, say nothing to police until your lawyer is at your side. Anything you say can be twisted and used against you in your prosecution.

You also have the right to refuse to take a breath test, or to submit to field sobriety testing, but there are consequences for refusal. The best thing you can do is try to contact your lawyer as soon as you have been pulled over.

Contact an Experienced DWI Defense Lawyer

At the law office of Alexander & Associates, we have protected the rights of people in DWI prosecutions for more than a decade. Attorney Karen Alexander is a former prosecutor in Denton County, and has handled more than 100 criminal proceedings. To schedule a private meeting, contact our office online or call us at 972-420-6570 (in Frisco), 972-420-6560 (in Lewisville) or 817-756-4040 (in Colleyville).

When You Are Charged with Minor in Possession or Public Intoxication

Posted on | October 31, 2011 | No Comments

In Texas, you can be charged with being a minor in possession of alcohol if you are under the age of 21 and have alcohol, with certain exceptions:

• You will not be charged if you possess alcoholic beverages as a part of your employment, provided you are an employee of a business with a proper license, and that the employment is not in violation of Texas law
• You will not be charged if you are with your parent, guardian, adult spouse or other adult to whom the court has committed you
• You will not be charged if you are working with or under the supervision of a commissioned peace officer who is working to enforce the alcohol laws in Texas

A minor in possession charge is a class C misdemeanor in Texas, with punishment involving a fine not to exceed $500.

You can be charged with public intoxication, even as a minor, if you are in a public place and you are inebriated to the extent that you pose a danger to yourself or another person.

If you have been arrested for or charged with being a minor in possession, or with public intoxication, you need to take specific steps to protect your constitutional rights. You have the right to an attorney, and should immediately ask to speak to your lawyer. You also have the right to remain silent, and don’t have to answer any questions from law enforcement officers until your lawyer is present. Often, in these types of situations, you may try to prove that you are not intoxicated or that you have not violated the law. Remember that anything you say can be used against you in court. It’s best not to say anything until you are represented by counsel.

If you are at home and the police come to the door, asking to come in, you have the right to refuse entry, unless they have a valid warrant. Even if they just “want to talk,” they may see an open container and believe that they have probable cause to conduct a search or make an arrest.

Contact the Law Office of Alexander & Associates

We bring more than a decade of experience to people facing alcohol related charges, including individuals charged with minors in possession or public intoxication. Our staff includes a former Denton County prosecutor who has handled more than 100 criminal proceedings. To set up an appointment with an experienced Texas DWI defense lawyer, contact our office online or call us at 972-420-6570 (in Frisco), 972-420-6560 (in Lewisville) or 817-756-4040 (in Colleyville).

Refusal Rights Under Texas DWI and Implied Consent Laws

Posted on | September 26, 2011 | No Comments

Because a blood alcohol concentration of .08 percent or higher is normally necessary to support a Texas conviction of DWI for adult drivers, it’s a good idea to refuse the blood or breath test, right?

Wrong. Like many other states, Texas has an implied consent law, which basically provides that any licensed driver consents to provide a breath or blood sample as a condition of receiving a driver’s license. Refusal to submit to a test is regarded as a violation of your implied consent to blood alcohol testing, and is typically punished with a 180-day suspension of your driver’s license, without regard to the outcome of any DWI criminal case against you.

Refusing the Breath or Blood Test Can Still Result in a DWI Conviction

Drivers who refuse a breath or blood test after they have been booked into custody on a DWI charge can still be convicted of DWI — the evidence of intoxication, however, will be based on evidence such as field sobriety test results, video of the arrest, and the police officer’s testimony.

In general, the decision whether to submit to blood or breath testing at the police station is an important one that involves the tradeoff between a nearly certain six-month suspension and the possibility that you might weaken the evidence of DWI on the criminal case. In most situations, you won’t gain enough by refusing the test to justify the long suspension for the implied consent violation.

Nevertheless, there are steps you can take to avoid strengthening the drunk driving case against you unnecessarily. For example, you have the right to refuse the preliminary breath test (PBT) administered by the officer at the scene and any field sobriety tests that the officer might want you to perform — provided you understand that by refusing these tests, you are not accomplishing anything to avoid an arrest.

Texas DWI Refusal Advice in Denton County: Call 972-420-6560

Get the information you need to understand the consequences of breath or blood test refusal under Texas law. For an experienced attorney’s advice, contact Alexander & Associates in Frisco, Lewisville or any of our other office locations.

Experienced DWI Lawyer Serving Lewisville, Texas

Posted on | August 25, 2011 | No Comments

If you get pulled over for drunk driving in Lewisville or any other Denton County jurisdiction, the advice of an attorney who is familiar with the local law enforcement agencies and courts can make a big difference to the outcome of your case.

Assuming no complicating factors like a serious or fatal accident or a record of previous drunk driving convictions, Texas DWI cases are typically charged and resolved in local courts. Arrests by Lewisville police officers will be processed through the Lewisville Municipal Court.

At Alexander & Associates, our lawyers practice exclusively in DWI defense and traffic violations throughout Denton County and Tarrant County. Founding attorney Karen Alexander is a former Denton County prosecutor who is highly familiar with the different resources, practices and diversion programs available throughout the different local jurisdictions in the area.

No matter where you were charged, however, it is essential to protect your right to drive by requesting a hearing on the license suspension portion of your case within 15 days of your arrest. Otherwise, a measured blood alcohol concentration of .08 percent or higher will be sufficient to suspend your license for at least 90 days, regardless of the outcome of your criminal case on the DWI charge.

Developing Your Defense to DWI Charges in Lewisville

An experienced Texas DWI defense attorney knows how to protect your right to drive while exploring and pursuing your most effective defenses on the drunk driving charge. These can include lack of reasonable suspicion to pull you over, lack of probable cause to make the arrest, improper field sobriety test procedures, or improper maintenance or operation of the blood alcohol measurement tests by breath or blood sample.
To find out more about the best ways to meet and overcome DWI charges in Lewisville, call 972-420-6560 for the advice of experienced Texas defense lawyers at Alexander & Associates. You can also visit our website at http://www.north-texas-dwi-defense.com/.

Juvenile DUI Defense Lawyer in McKinney, Denton and Frisco, TX

Posted on | July 25, 2011 | No Comments

At Alexander & Associates, our defense attorneys represent juvenile and underage drivers facing Texas DUI or DWI charges in Denton County and Tarrant County. We help young drivers and their parents understand the consequences of alcohol offenses for persons under 21 while finding ways to minimize the impact of an arrest or conviction.

DUI, or driving under the influence, is a Texas Class C misdemeanor that applies only to drivers under 21. While a DWI conviction is normally based on evidence of a blood alcohol concentration of .08 percent or higher, underage DUI reflects our state’s zero tolerance policy for underage drinking and driving. Any detectable amount of alcohol found in the system of a driver under 21 can support a DUI conviction.

The penalties for DUI are similar to those for DWI, and repeat convictions can be punished even more harshly. In order to avoid the lengthy driver’s license suspension associated with a drunk driving arrest, the juvenile or underage driver must request a hearing on the automatic license suspension aspects of the case within 15 days. Otherwise, your license could be suspended for 90 days or longer without regard to the outcome of the criminal case.

Avoid the Harsh Consequences of Juvenile DUI Under Texas Law

Juveniles under 18 facing a first-offense DUI case can qualify for deferred adjudication and eventual expungement under certain conditions, including no more arrests and completion of court-supervised alcohol awareness programs. If charged with DWI based on a blood alcohol level of .08 percent or higher, however, a juvenile driver will not only face the same penalties as an adult driver, but can also receive additional punishment for such offenses as underage drinking or minor in possession of alcohol.

To learn how an experienced lawyer can defend young drivers against juvenile or underage DUI charges in McKinney, Colleyville or Frisco, call Alexander & Associates at 972-420-6560. You can also visit our website at http://www.north-texas-dwi-defense.com/.

Understanding Your Exposure on Texas Traffic Misdemeanors

Posted on | June 23, 2011 | No Comments

At Alexander & Associates, our defense attorneys hear it all the time from new clients: “It’s just a misdemeanor, isn’t it? How serious can it be?”

For most people, the answer is: serious enough to cause you serious inconvenience and expense. In general terms, a misdemeanor is a criminal offense that can be punished by no more than one year of incarceration. In Texas, there are three classes of misdemeanors, with different offenses assigned to each.

A Class A misdemeanor can be punished by up to one year in a county jail, a fine of up to $4,000, or both. Maximum punishment for a Class B misdemeanor is up to 180 days in jail, a fine up to $2,000, or both. A Class C misdemeanor is punishable by a fine of up to $500.

Most Texas moving violations, such as speeding, failure to yield, or failure to observe the move-over laws protecting roadside emergency personnel, are Class C misdemeanors. A first-offense DWI is a Class B misdemeanor, while a second offense will be charged as a Class A misdemeanor.

Frisco Defense Lawyer for Texas Traffic Misdemeanors

Your options for resolving a traffic offense in Denton County will depend to some extent on your prior driving record, the municipality where you were pulled over, and the misdemeanor class of your current charge. Outstanding traffic warrants, probation status and other factors will also shape your options.

At Alexander & Associates, our attorneys’ focus on Texas traffic violations will help you get an accurate understanding of your exposure to punishment, the steps you can take to take care of the current charge, and the best ways to minimize the long-term impact of a misdemeanor charge.

To find out more about your options, call 972-420-6560 for the advice of knowledgeable misdemeanor defense lawyers in Frisco, Texas. You can visit our website at http://www.north-texas-dwi-defense.com/.

Dealing With Faulty Breathalyzer Test Results in Texas DWI Cases

Posted on | May 23, 2011 | No Comments

In most Texas DWI prosecutions, the key evidence against you will be the measurement of blood alcohol concentration (BAC) returned by a breathalyzer test at the police station after your arrest. Law enforcement agencies throughout the state use a device called the Intoxilyzer 5000, which compares two breath samples of the suspect two minutes apart against a reference sample calibrated to reflect a concentration of .08 percent.

An Intoxilyzer reading of .08 percent or higher will generally be taken as conclusive evidence of DWI and by itself can support a conviction. A lower reading might still result in formal DWI charges, but other evidence of intoxication will be necessary to result in a finding of guilt.

At Alexander & Associates, our Denton County DWI defense lawyers have many years of experience with the analysis and evaluation of breath and blood test evidence in drunk driving cases, and we stay current with the growing body of technical literature that documents the unreliability of Intoxilyzer 5000 BAC evidence under a variety of circumstances. Our ability to attack the toxicology evidence against you can protect you from the harsh consequences of a Texas DWI conviction.

Our attorneys look for signs of improper maintenance, faulty calibration, errors in operation, or characteristics and medical conditions in the driver that could lead to unreliable test results. Our commitment to the best possible result for our clients means that we will examine every possible avenue of defense in a Texas DWI case, including the technical evidence of an unlawful blood alcohol concentration.

DWI Breathalyzer Evidence in Denton County: Call 972-420-6560

Learn more about your options for contesting the evidence of drunk driving generated by the Intoxilyzer 5000. For an experienced lawyer’s advice, contact Alexander & Associates in Frisco, Denton or any of our other office locations. For more information you can also visit our North Texas DWI Defense website.

Driving While Intoxicated (DWI) – Frequently Asked Questions

Posted on | June 29, 2010 | No Comments

What should I say to a police officer if I’ve been pulled over after drinking?

You are not required by law to answer any questions asked by the police officer that may incriminate you.  A police officer may attempt to get you to admit that you’ve been drinking.  By stating that you’ve been drinking, you could be admitting guilt of driving while intoxicated and may be charged with a DWI.  You have the right to ask to speak to an attorney before answering any questions.

What are the different types of tests used by police officers during a DWI traffic stop?

Police officers may conduct field sobriety tests and/or chemical tests.  The most common field sobriety tests include the one-leg-stand test, the walk and turn test and the horizontal gaze nystagmus (HGN) test.  Officers may also conduct a finger to nose test or the Rhomberg stationary balance test.

Chemical tests are more important in determining guilt of driving while intoxicated.  The three most common chemical tests are a breathalyzer test, blood tests and urine tests.  In many states, a chemical test is required if there is suspicion of a DWI.  Refusing to take a chemical test will result in a suspension of your license.

What type of punishments can I expect for a DWI conviction?

The punishment for driving while intoxicated will vary based on many things including the jurisdiction, your chemical and sobriety test results, the strength of the prosecution’s case, the judge who hears your case, and your criminal record.  Typically, a DWI conviction will result in probation, fines including court costs, driver’s license suspension, DWI educational programs and/or jail time.

What types of defense do I have against a DWI charge?

There are many types of possible defenses against a DWI charge and the specifics of a case will determine if a particular defense is plausible.  Below are a few possible defenses in a DWI case.

• Implied Consent Warning: In some cases, the conditions under which the chemical test is administered could affect its authenticity. This can occur if the police officer does not inform an individual of the possible penalties for refusing a chemical test, or if the Miranda warning was not issued or issued improperly.

• Proving Probable Cause: An officer must have probable cause to stop, detain or arrest an individual.  Many times, a police officer does not have probable cause for pulling someone over.

• Inaccuracies during a chemical test: It can take anywhere from 30 minutes to three hours for the body to fully absorb alcohol.  A chemical test taken during this phase may be inaccurate.

Do I need to hire an attorney after a DWI arrest?

If you’ve been charged with driving while intoxicated, it’s important that you retain the representation of an experienced DWI attorney who knows how the criminal courts operate.  Time is crucial, so don’t wait to contact a criminal defense attorney about your case.

Contact Denton DWI Defense Lawyers Alexander & Associates at 972-420-6560. You can visit their website at http://www.north-texas-dwi-defense.com/.

Denton DWI Defense Law Firm

Posted on | March 23, 2010 | No Comments

Frisco | Lewisville | Denton | Carrollton | Lake Lewisville

With offices in Frisco, Lewisville, Denton & Colleyville, Alexander & Associates provides an aggressive defense throughout the Tarrant County and Denton County area for individuals charged with drunk driving (DWI / DUI).

Tough, Aggressive and Thorough DWI Defense

DWI Defense Lawyer Karen Alexander credits her success to a relentless work ethic and attention to detail. As a former prosecuting attorney for Tarrant County, Ms. Alexander understands the value of examining every case in detail to ensure that your rights were not violated. In particular, she will verify that correct police procedure was followed and field-testing equipment was properly maintained.

Receive a quality DWI defense from experienced lawyers who will always put your interests first. For additional information about our qualifications, or to discuss your drunk-driving charges, schedule a confidential consultation with DWI defense lawyer Karen Alexander by calling us at 972-420-6570 (Frisco office), 972-420-6560 (Lewisville office) or 817-756-4040 (Colleyville office).