Collin County ALR Hearing Lawyer

Posted on | May 18, 2012 | No Comments

Assisting Clients with All Aspects of DUI Charges in Texas

When you are pulled over for drunk driving in Texas, it is natural that you focus on the criminal law aspect of DUI and DWI law in Texas. This is because drunk driving charges start with a law enforcement officer and, often, a police station or even jail.

There is, however, another half to the drunk driving legal process. In order to prevent the automatic suspension of your driving privileges, you need to request and administrative law hearing (ALR).
An ALR does not involve criminal law. Instead, an ALR is a civil process that is almost wholly separate from your criminal case. If you have been pulled over for drunk driving in Collin County, it is important that you obtain legal help from an attorney who can handle both your criminal and civil cases.

The DUI defense lawyers of Alexander & Associates have assisted hundreds of clients fight their DUI and DWI criminal charges while also providing representation in clients’ ALR. The first thing we will do is to submit a request for your ALR. This is important because if the request is not made with 15 days from the date of your arrest, the suspension of your driver’s license will occur automatically. For detailed information regarding driver’s license suspension, click here.

We can provide the representation needed to fight effectively for the retention of your driving privileges. At the same time, our attorney team includes a former prosecutor who can anticipate prosecutors’ tactics during your criminal process. We have a long track record of fighting successfully for clients’ rights and are committed to keeping you on the road and keeping your record clean following a DUI arrest.

To contact Alexander & Associates for more information regarding the ALR process, please call us at 972-420-6560.

No Refusal Weekends – Mandatory Blood Alcohol Testing in Texas

Posted on | April 5, 2012 | No Comments

In Texas, if you have been stopped for suspicion of drinking and driving, you have the theoretical right to refuse to take a breath test. In recent years, however, prosecutors have developed new strategies designed to ensure that everyone pulled over for a potential DWI is subjected to a blood alcohol test. The strategy involves obtaining a warrant from a judge ordering the suspect to provide a breath or blood sample. Typically, this approach is used on holiday weekends, when officers perceive that more people will be drinking and driving. As a result, these have been called “no refusal weekends.”

Unfortunately, many people believe that the concept of a “no refusal weekend” means that they do not have the legal right to reject a request for a blood test during one of those proclaimed weekends. You always have the right to refuse. Police may respond to your refusal by seeking a warrant, but that is an option that they always have. The public perception, however, is that there is some special law in place that prevents you from refusing to take a blood tests on declared “no refusal weekends” and many people fail to exercise their legal rights because of inaccurate information.

Don’t be misled into believing that you have forfeited or lost any rights during a “no refusal weekend.” Police must still have probable cause to pull you over. They must still have probable cause to believe that you are operating a vehicle while intoxicated. You can still refuse to take a field sobriety test, and you can still refuse to submit to chemical testing. If you refuse, police will have to take the time to prepare and submit a request for a search warrant, an often time – consuming process. If you are near the legal limit, the time that passes may result in a lower blood alcohol level.

Contact Our Experienced Frisco, 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).

When You Face a DWI Charge as a Minor in Texas

Posted on | March 6, 2012 | No Comments

If you are arrested for or charged with drinking and driving in Texas, and you are under the age of 21, you may not be at risk for the same penalties as an adult, but the consequences can still be severe, and can have a significant impact on your future. If you are under the age of 17 (technically considered a juvenile), you can’t go to jail for DWI as a minor, but you could forfeit your driving privileges for a significant period of time and may go to a juvenile detention facility. If you are between the age of 17 and 21, you can be arrested and taken to jail until the magistrate sets a bond for you. If you are under the age of 21 you may be charged with DUI (Driving Under the Influence) which is a Class C misdemeanor or DWI (Driving While Intoxicated) a Class B misdemeanor. A DUI is for any minor under the age of 21 who as a “detectable” amount of alcohol in their system (has had one beer for example) but who are not “intoxicated.” A driver under 21 who is “intoxicated” will likely be arrested for a DWI. “Intoxication” is loosely defined as the loss of your normal mental or physical facilities by reason of the introduction of alcohol, a drug, a dangerous drug, or a combination of alcohol and drugs.

Texas DWI laws include the concept of implied consent. Under the doctrine of implied consent, if you are operating a motor vehicle on the roadways in Texas, your consent to submit to a breathalyzer or blood alcohol test is implied. Though you have more grounds to refuse to take a field sobriety test (you may be nervous, uncoordinated, injured or ill), the refusal to submit to blood alcohol or breathalyzer tests will generally have serious impact on your case. The prosecutor may be allowed to use evidence of your refusal against you during trial. Your license is also subject to suspension.

Similar to prosecution for DWI as an adult, as a minor you can (and must) request an administrative hearing within 15 days of your arrest, if you want to challenge the potential suspension or revocation of your driving privileges. Even if it’s your first offense, you can lose the right to drive for a minimum of 60 days. For repeat offenses, you could risk a six month suspension.

Contact an Experienced DWI Defense Attorney

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

Your Rights with Respect to a DWI Blood Test in Texas

Posted on | February 6, 2012 | No Comments

When you have been pulled over for drinking and driving in Texas, the arresting officer may perform field sobriety tests or blood alcohol tests in an attempt to determine whether you are in violation of the law. Though the field sobriety tests cannot conclusively confirm that you have exceeded the blood alcohol level allowed by law, they can be used to allege probable cause for the officer to ask you to submit to breathalyzer or blood alcohol tests. The field sobriety tests are frequently performed incorrectly, and studies have shown that they are inaccurate more than one out of every five times. Just because you have “failed” a field sobriety test does not mean that you are guilty of drunk driving.

If, on the basis of a field sobriety test, the officer requests that you submit to blood alcohol or breathalyzer tests, you can still mount any number of defenses if prosecuted. There are many factors that can result in false positives on a blood alcohol test, including:

• The combination of a legal amount of alcohol with any prescription or over the counter medication you may be using
• The interaction of your blood and blood sugar with alcohol if you are a diabetic
• The use of certain types of mouthwash, colognes or perfumes

In addition to false positives in testing, there can often be problems with what is known as the chain of custody of the evidence. When a blood test is conducted, certain procedures must be followed to ensure that the blood sample was always in custody or possession of law enforcement officers, and that there was no reasonable opportunity for someone to switch samples or to taint a blood draw. If you can demonstrate that the chain of custody was broken, or that police failed to follow other required procedures, the blood test can be thrown out, and the charges can be dismissed.

Contact the Experienced Attorneys at Alexander & Associates

We offer more than a decade of experience to people facing prosecution for DWI, and know how to help you challenge the results of a blood alcohol test. We have a former Denton County prosecutor on our staff, and have handled more than 100 criminal proceedings. For a meeting 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).

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/.

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