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The Law on DWI

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The Law on DWI

Trichter & LeGrand DWI & Criminal Defense Law Firm

Impairment begins with the first drink. Your gender, body weight, the number of drinks you’ve consumed and the amount of food you’ve eaten affect your body’s ability to handle alcohol. 

Two or three beers in an hour can make some people legally intoxicated. 

Women, younger people and smaller people generally become impaired with less alcohol.

The Law on DWI

In Texas, a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a .08 BAC (blood or breath alcohol concentration). 

However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. Whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle.

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DWI with a Child Passenger

You can be charged with child endangerment for driving while intoxicated if you’re carrying passengers younger than 15 years old. 

DWI with a child passenger is punishable by:

  • A fine of up to $10,000
  • Up to two years in a state jail
  • Loss of your driver license for 180 days

What Happens if You’re Stopped

If you’re stopped, be ready to show your driver license, proof of insurance and vehicle registration. 

If you refuse to take a blood or breath test, your driver license will be automatically suspended for 180 days.

Punishment for DWI varies depending on the number of convictions:

First Offense

  • A fine of up to $3,000 BAC less than .15
  • A fine of up to $6,000 BAC more than .15
  • Three days to 180 days in jail
  • Loss of driver license up to a year
  • Annual fee of $1,000 or $2,000 for three years to retain driver license

Second Offense*

  • A fine of up to $4,500
  • One month to a year in jail
  • Loss of driver license up to two years
  • Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license

Third Offense*

  • A $10,000 fine
  • Two to 10 years in prison
  • Loss of driver license up to two years
  • Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license

*After two or more DWI convictions in five years, you must install a special ignition switch that prevents your vehicle from being operated if you’ve been drinking.

How to Stay Safe

  • Don’t drink and drive.
  • Designate a driver.
  • Call a cab.
  • Spend the night where you are, if possible.

Source: Texas Department Public Transportation

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Man Got a DWI Even Though He Wasn’t Drinking

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Can You Get A DWI Without Drinking?

DWI Lawyer-Trichter & LeGrand Law Firm

(CNN) When a man in North Carolina was pulled over on suspicion of driving drunk, police didn’t believe him when he said he hadn’t had any alcohol. 

The man, in his late 40’s at the time, refused to take a breathalyzer test and was taken to a hospital, where his initial blood alcohol level was found to be 0.2% — about 2.5 times the legal limit and the equivalent of consuming 10 drinks an hour. Despite the man swearing up and down that he hadn’t had anything to drink, doctors didn’t believe him either.

But researchers at the Richmond University Medical Center in New York eventually discovered that the man was telling the truth. He wasn’t downing beers or cocktails — instead, there was yeast in his gut that was likely converting carbohydrates in the food he ate to alcohol.
In other words, his body was brewing beer.

The findings were reported in a study in BMJ Open Gastroenterology. The man, whose identity has not been revealed, had a rarely diagnosed medical condition called auto-brewery syndrome (ABS), also known as gut fermentation syndrome.

Gut fermentation syndrome occurs when yeast in the gastrointestinal tract causes the body to convert carbohydrates ingested through food into alcohol. The process typically takes place in the upper GI tract, which includes the stomach and the first part of the small intestine.

“These patients have the exact same implications of alcoholism: the smell, the breath, drowsiness, gait changes,” Fahad Malik, the study’s lead author and the chief internal medicine resident at the University of Alabama at Birmingham, told CNN. “They will present as someone who’s intoxicated by alcohol, but the only difference here is that these patients can be treated by antifungal medications.”

Researchers treated him with antifungal medications

Things weren’t the same for the man after he completed a course of antibiotics to treat a thumb injury. His personality started to change, researchers wrote in the study, and he experienced episodes of depression, ‘brain fog,’ memory loss and aggressive behavior that was out of character for him.

Three years later, after his suspected drunk driving arrest, the man’s aunt bought a breathalyzer to record his alcohol levels. She had heard about a similar case that had been successfully treated by a doctor in Ohio and convinced her nephew to seek treatment there too.

His basic lab tests turned out normal. But doctors found two strains of yeast in his stool: Saccharomyces cerevisiae, a yeast commonly used in beer brewing, winemaking and baking, as well as another fungus.

The man was successfully treated at the Ohio clinic and told to stick to a strict carbohydrate-free diet along with some special supplements. But after a few weeks, his symptoms started to flare up again. This time, no treatment seemed to work despite visits to numerous medical professionals.

At one point, the man became so inebriated that he fell and experienced bleeding in his brain. He was taken to a neurosurgical center where he spontaneously recovered in 10 days, researchers said.

“In this institution, his blood alcohol levels ranged from 50 to 400 mg/dL,” the researchers wrote. “Here too, the medical staff refused to believe that he did not drink alcohol despite his persistent denials.”

Finally, the man sought help from an online support group and got in touch with the researchers at the Richmond University Medical Center, who said in the study that they believed the antibiotics he took years ago altered his gut microbiome and allowed fungi to grow in his gastrointestinal tract.
The researchers then used antifungal therapies and probiotics to help normalize the bacteria in his gut, a treatment that he has continued. And aside from one relapse that occurred after he binged on pizza and soda without telling the researchers, it seems to be working.
And he can eat pizza again.

“Approximately 1.5 years later, he remains asymptomatic and has resumed his previous lifestyle, including eating a normal diet while still checking his breath alcohol levels sporadically,” the authors wrote in the study.

The condition is rarely diagnosed

There have only been a few studies documenting cases of gut fermentation syndrome and the condition is rarely diagnosed, Malik said. In the past, it’s even been regarded as a myth.
Gut fermentation syndrome was described in 1912 as “germ carbohydrate fermentation,” and was studied in the 1930s and 1940s as a contributing factor to vitamin deficiencies and irritable bowel syndrome. A group of 20 to 30 cases popped up in Japan in the 1970s and the first US cases were reported about 10 years later.

There have been a handful of reported cases in recent years. A 2013 study described a case of a 61-year-old man who for years seemed to be drunk all the time before he was diagnosed with gut fermentation syndrome. In 2015, a woman in upstate New York had a DUI dismissed after presenting evidence that she had the condition.

The authors of the Richmond University Medical Center study recommend that doctors investigate for the condition especially when a patient shows elevated blood alcohol levels despite denying that they consumed alcohol.
Early signs of gut fermentation syndrome can include mood changes, delirium and brain fog, the researchers wrote, even before a patient starts exhibiting symptoms of alcohol inebriation.

The study says more research should be done on the use of probiotics as a treatment for the condition.

“This is a condition that is treatable with dietary modifications, appropriate antifungal therapy, and possibly probiotics,” the researchers wrote. “The use of probiotics and faecal microbiota transplantation could be considered for future studies.”

CNN’s Sandee LaMotte contributed to this report.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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DWI convictions for immigration purposes

What Are The Chances Of Getting A DWI Dismissed? - DWI Lawyer Gary Trichter Trichter & LeGrand
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DWI convictions for immigration purposes

DWI Lawyer-Trichter & LeGrand Law Firm

Former AG, Jeff Sessions separated kids from their parents which lead to a public outcry. The current AG is handling things differently. AG Barr is attacking immigration matters silently by unilaterally issuing decisions and changing precedent. This Administration has waged a full blown war on immigration matters. See the decision below. Know the consequences when you represent your clients.

Matter of CASTILLO-PEREZ, 27 I&N Dec. 664 (A.G. 2019)

The Attorney General has issued a decision in the Matter of CASTILLO-PEREZ , 27 I&N Dec. 664 (A.G. 2019).

(1) The Immigration and Nationality Act’s “good moral character” standard requires adherence to the generally accepted moral conventions of the community, and criminal activity is probative of non-adherence to those conventions.

(2) Evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f).

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Gary Trichter Recognized As Lawyer Of The Year By Best Lawyers

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2020 LAWYER OF THE YEAR GARY TRICHTER

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HOUSTON – Jan 1, 2020 – J. Gary Trichter, founder of Trichter & LeGrand, PC, a leading Houston criminal defense firm, has been recognized by his attorney peers as 2020 “Lawyer of the Year” in the practice area of DUI/DWI Defense in Houston. 

The honor includes inclusion in the 26th Edition of The Best Lawyers in America publication

This is Gary’s 16th time to be recognized by Best Lawyers.

“It’s an honor to be recognized ‘Lawyer of the Year’ by Best Lawyers in DUI/DWI defense,” Trichter said. 

“For more than 30 years, I’ve had the honor of defending the rights of thousands of citizens throughout Texas who have been unfairly accused of DWI and DUI. 

It is a privilege to provide them with their Constitutional right of a proper and aggressive defense. “

According to Woodward White, the Best Lawyers selection takes place after a rigorous peer-review survey of more than 7.4 million confidential evaluations by top attorneys across the United States and symbolizes excellence in practice. 

Since 1983, the organization has required no fee or payment to participate, so the best lawyers are truly Best Lawyers voted by each others’ professional peers.

Gary was the First DWI Specialist in the State of Texas which means he is board-certified DWI/DUI Defense Attorney by the National College for DUI Defense, the sole entity approved by the American Bar Association to grant such a qualification. 

The Texas Bar Association has no DWI defense board certification, but it does recognize the ABA DWI board certification.

Gary, who a co-authored the DWI textbook Texas Drunk Driving Law, is also a leading DWI trial and appellate lawyer in the United States. 

He is rated “AV” by Martindale-Hubbell, the highest professional and ethical rating a lawyer can receive. 

Gary is also founding member of the National College for DUI Defense (NCDD) where he was awarded the Erwin-Taylor Award for The Erwin-Taylor Award which recognizes exceptional lawyers who have dedicated their lives to protecting constitutional rights of citizens and upgrading the level of professionalism for all attorneys.

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Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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2019 DWI Defense Boot Camp

2019 DWI Defense Boot Camp
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GARY TRICHTER AT 2019 DWI DEFENSE BOOT CAMP IN WASHINGTON, MISSOURI

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Gary Trichter is to be a featured speaker at the 2019 DWI Defense Boot Camp held in Washington, Missouri on November 1-2, 2019. This events teaches other DWI Defense attorneys how to save their client’s drivers’s license, how to win the jury trial and much more.

2019 DWI Defense Boot Camp

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Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for genenral information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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