Steps To Take After A DWI Arrest

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Steps To Take After A DWI Arrest

Steps to Take After A DWI Arrest - DWI Lawyers Trichter & LeGrand Law Firm

I am going to walk you through the steps to take after a DWI arrest. 

The first thing is, if you have been arrested and you are reading this that means that you spent the night in the fine accommodations of the Harris County jail or at another county jail. 

Unfortunately, you are going to want to get out of there and you are not going to want to think about your case or DWI law at all. 

Don’t do that because there are things we need to do right away to protect not only your Liberties but keep you out of jail, check your record and keep you driving legally.   

The first thing you need to understand is when you are arrested for DWI there is not just one case.  

Yes, you have the DWI case against you where the state alleges you drove while intoxicated but the DPS (Department of Public Safety) also files a charge against you where they try to suspend your license. 

There are certain steps that we need to take right away in order to ensure your license is not suspended. 

That process is called an ALR or Administrative License Revocation

So the first step is to gather all your paperwork that you received when you got out of jail. 

Then call an attorney and find someone to walk with you through this process to protect those rights that we talked about. 

Then you need to let your attorney talk to you about the ALR process, but we’re going to have to request a hearing within 15 days from the date you are arrested. 

That is right, 15 days. 

Even if your first Court setting is two weeks from now or a month from now, you do not have much time. 

We have to act within 15 days to get this ALR.

The next thing you need to do is figure out is if there are any bond conditions the court has imposed on you. 

When you are arrested for a DWI the court can require you to have one of those blow machines in your car called an Ignition Interlock Device. 

We need to figure out if you need one or if there is a way to keep you from needing one and a good attorney can do that for you. 

This is one of the reasons why you need an attorney so quickly. 

Other bond conditions can be random drug testing, reporting to court and other things like that. 

Then once you have your attorney and have your license secure you are going to have to go to court and start gathering evidence in your case and prepare a defense. 

If you do not do anything I assure you the State will take full advantage of that and the consequences for DWI, even your first one, can be up to a year in jail. 

Like I said before, the first step and the most important one is to find yourself a good attorney.

[Interviewer]

So the next logical question is “how do I actually find a good DWI attorney?”

[Greg Houlton]

Well Jim, if they are listening or reading this they hopefully already found one here at Trichter & LeGrand but generally speaking you’re going to want to check online like everyone does and make sure you read reviews. 

If you talk to family and friends that had individuals that have been previously represented by an attorney that is a good place to start. 

Then above all else you want to meet and talk to that attorney. 

You want to be comfortable with the attorney because you are placing your faith in them protecting you, your freedom, your license, and Liberties. 

You actually want to go and interview those attorneys.

[Interviewer]

Okay, so after I am arrested and get out of jail I find some DWI attorneys online and call them. 

What questions should I ask them?

[Greg Houlton]

First, you want to ensure that you are comfortable with them. 

By just to talking to them about your situation you’re going to get a sense on whether or not that attorney handles DWIs, knows what they’re talking about, and knows how to handle themselves so they can convey information. 

That person is going to be the same person who is going to be conveying information and talking to the judge or prosecutors for you. 

So if you do not feel comfortable with them, the judge and prosecutors are not going to feel comfortable. 

Then the questions you need to ask are what we previously discussed. 

Does that attorney know what an ALR is? 

Do they handle license hearings? 

Do they know the consequences of an ALR & DPS hearing? 

If that attorney does not know what you are talking about then politely hang up immediately. 

You want to ask them about the breath test machine, blood testing and see what type of familiarity they have with these procedures and processes.

You want to see how long they have been handling DWIs and whether they understand what field sobriety tests are. 

You want to see if they know what the NHTSA manual is, that’s the officers playbook for how they do investigations in DWI cases. 

All of these things are important questions that you need your attorney to be comfortable with. 

And then the last piece that you want to ask the attorney is what are the possible outcomes of a DWI case. 

DWI cases can have several outcomes. 

Hopefully you hire a good attorney who does a good investigation and can get your case dismissed. 

Other alternatives are a plea agreement and you want the best plea bargain possible. 

And if the case goes to trial you want to know that you have the best trial lawyer possible. 

There is also other programs to ask about including the PTI program which is a program with the Harris County District Attorney’s office that allows your case to be dismissed after some period of time on probation. 

Other Counties have the same thing.

[Interviewer]

Wow, that is a lot of good information. 

I know we are taking up a lot of your time here but I have one more question that is very common. 

What about hiring a public defender? 

If I decide to try to save a few bucks and go with a public defender what can I expect? Could I beat a DWI with a public defender? What can I expect? 

[Greg Houlton]

I totally understand Jim, I get that question a lot myself. 

It seems like that people come out and say – I’ll just take whatever they give me – anyone that can stand up there. 

You have to be proactive in this situation. 

The decisions you make in the first weeks of getting a DWI arrest can affect you for the rest of your life. 

Not only can they affect you in the short-term if you are driving illegally because your license is suspended, but it can be on your record for the rest of your life. 

Am I saying that all public defenders cannot do that? No, but you are gambling when you hire a public defender. 

If you do not find yourself a good attorney, who knows DWI law, then you are setting yourself up for future regrets. 

Because DWIs unlike other misdemeanor offenses or Felony DWIs have certain consequences that other cases don’t. 

Other cases do not come with this automatic license suspension if you do not do certain steps. 

They do not come with long-term effects on driving or potentially not getting a commercial driver’s license if that option comes available in the future. 

And then the DWI could be on your record forever

So you need to ask your public defender all the same questions we previously discussed and if they cannot answer them you do not want them. 

And just because it is free does not mean it is right. 

It’s no different from when you’re out there shopping for anything else, you get what you paid for. 

In this case it could be your freedom and you could be in jail. 

So hopefully you listened and got some good tips and advice on why it is important for you to find yourself a good DWI attorney. 

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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.

© 2020 Trichter And LeGrand. All rights reserved

COVID-19 & YOUR DWI ARREST

COVID-19 & Your DWI Arrest - Trichter & LeGrand Law Firm
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COVID-19 & YOUR DWI ARREST

COVID-19 & Your DWI Arrest - Trichter & LeGrand Law Firm

Arrested For A DWI & No Court Date? Remember, A 15 Day Save Your Drivers License Clock Is Still Clicking! Reading Below, Can Both Extend Your 40 Day Temporary License And May Prevent A Suspension! 

 If you were arrested for a DWI during the COVID-19 Pandemic and you have not received a court date yet, it is important for you to know there is still only a 15-day window to save your license. 

Specifically, you only have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing or you will automatically lose your license after 40 days have passed. 

Here, you need to remember that the “temporary license” the officer gave you is temporary, and only lets you drive for 40 days. 

To try to prevent the automatic suspension, you must timely and correctly request an Administrative License Revocation (ALR) hearing within a 15-day deadline.

Asking for an ALR hearing on the 16th day is too late and you are SOL! 

Incorrectly asking for the hearing can also cause you to be SOL because the Texas Department of Public Safety (DPS) may take your mistake as a waiver of the request.

The safest way to request an ALR hearing is to let a skilled and experienced DWI Attorney do it for you! 

Do not forfeit your driver’s license by missing the 15-day deadline. Let us help you save your license by scheduling your ALR hearing now.

DWI Attorneys Available 24/7! Get a free consultation.

Call Trichter & LeGrand Law Firm or fill out the form below. 

 

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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.

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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.

© 2020 Trichter And LeGrand. All rights reserved

Texas DUI/DWI Statistics

Texas DUI Statistics
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TEXAS DUI STATISTICS

The 2018 DUI/DWI Statistics gives you a glimpse into our state’s leading Drinking & Driving problem.

Top Cities For DUI/DWI Crashes:

#1 Houston – 1,908

#2 San Antonio – 1,830

#3 Dallas – 1,239

#4 Austin – 1,137

#5 El Paso – 773

Top Counties For DUI/DWI Crashes:

#1 Harris County – 3,186 

#2 Dallas County – 2,252

#3 Bexar County – 2,051

#4 Tarrant County – 1,502

#5 Travis County – 1,480

Months With Most DUI/DWI Crashes:

#1 July – 97

#2 Dec – 90

#3 Jan – 89

#4 Feb – 88

#5 Aug – 85

Days Of The Week With Most DUI/DWI Crashes:

#1 Saturday – 5,734

#2 Sunday – 5,530

#3 Friday – 3,808

Check out our infographic Below for all the details. the data is pulled from the Texas Department of Transportation.

Texas DUI Statistics

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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.

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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.

© 2020 Trichter And LeGrand. All rights reserved

The ALR Hearing After A DWI Arrest

What Is A DWI 2nd? DWI Lawyers Trichter & LeGrand Law Firm
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THE ALR HEARING
AFTER A DWI ARREST

What Is A DWI 2nd? DWI Lawyers Trichter & LeGrand Law Firm

Administrative License Revocation hearing or ALR Hearing is a separate case that arises out of a DWI prosecution. 

Most people arrested for DWIs are surprised to learn that they have not one, but two cases after their arrest: 

First one is a civil case from the Texas Department of transportation to try and take your drivers license through a ALR Hearing.

The second case is a criminal case for the crime of DWI.

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The Purpose of the ALR Hearing

The hearing is based upon failing the breath or blood test or refusing to take them when asked, but it gives you the opportunity to contest the seizure or suspension of your license. 

If you take advantage of the ALR hearing, quite often you won’t lose your license. 

Keep in mind, you have only 15 days to request your hearing with the state after you have been arrested, otherwise your license will go into automatic suspension.

What is a ALR Hearing?

By requesting an ALR hearing, you force the Department of Public Safety (DPS) to prove its case against you. 

The DPS must prove that the police officer who stopped and arrested you did so with either reasonable suspicion or probable cause. 

If they cannot prove either, you win by default.

What Happens If you lose the ALR Hearing?

You can receive a 180 day suspension if you decline to take a test upon proper request, or, if you fail a breath or blood test, you can receive a 90-day suspension of your driving privileges. 

A Houston attorney who is a DWI Specialist by the National College for DUI Defense can help you navigate through this complex, often times confusing process.

Read “Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding?” DWI Question that talks about the importance of hiring the right attorney for this process.

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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.

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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.

© 2020 Trichter And LeGrand. All rights reserved

ROLL OF A CRIMINAL DEFENSE LAWYER

Trichter & LeGrand DWI Lawyers
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ROLE OF THE CRIMINAL DEFENSE LAWYER

How in the heck can you defend those people?!

When I’m at social events and I tell people that I’m a criminal defense attorney, many times, I am answered with disgust, “How can you possibly defend those people?!” 

But…

more interesting, however, after I explain why  I chose my career and the roll of a criminal defense lawyer, disgust is replaced with gratitude.

The roll of a criminal defense lawyer

People often ask the question, then become positive when I explain the roots of the roll of a criminal defense lawyer in our country’s criminal justice system. 

Quite simply, the roll of a criminal defense lawyer is to both protect the rights of those wrongfully charged AND the rights of those who are correctly charged. 

We fight to ensure that the Constitutional rights of every citizen are not infringed and that the guilty are not overly punished. 

Sadly, in our world, punishment is often dictated by political agendas and political correctness – both of which skew justice.

DWI is unfair

The reality of the DWI world is that if you took everyone that was wrongfully charged under all other crimes under the Texas Penal Code, and you compared it with everyone wrongfully charged with a DWI, experience demonstrates that the number of innocent DWI defendants would outnumber all the rest of the defendants combined.

The Opinion Crime

A big reason for the anomaly is because DWI is an OPINION crime that allows a stranger (the officer) the power to judge what the arrested person’s normal coordination is (or isn’t) on the side of the road in the middle of the night. 

This stranger is compelling a person to prove normalcy and sobriety by performing abnormal tests under a grading system that gives zero credit for satisfactory performance, provides for no practice, and ultimately penalizes for not being perfect. 

Under this protocol, the arrested is asked to perform very difficult tasks regardless of mental state, natural coordination, balance, or health.

The signs are misleading

Contrary to popular belief, the highway signs that say, “Drink. Drive. Go to Jail.” are NOT the law. 

These signs serve as very good propaganda, but neither a sign, nor officer, nor lawyer decide guilt—our citizens and a jury do. 

The Texas legislature has declared that it is legal to consume an alcoholic beverage and drive as long as a person is not intoxicated. 

A whole industry has been built around responsible drinking. 

It’s why bars have parking lots. It’s why restaurants serve alcohol. 

It’s why you can consume a beer at a ball game and subsequently drive as long as you’re not impaired.

Biased opinion

Police officers have a difficult job and our society could not function without them. 

However, when it comes to DWI’s, they are indoctrinated not to use their entire discretion. 

They are trained to jump to conclusions and believe that there is no such thing as responsible drinking and driving. 

They are trained to assume if you do not exercise perfect coordination and motor skills on the roadside alcohol is the sole reason why.

Your rights under the Constitution

I’m not saying that no one ever drives impaired. 

On the contrary, there are times when a criminal defense lawyer knows someone is guilty. 

We also know that our justice system does not always pursue justice when a citizen is accused of a crime. 

It is for that reason that when accused of a crime—no matter the crime—every person is due the right to an ethical and professional defense lawyer who will zealously protect his or her rights to a fair trial, to not be overly punished, and to make sure the system doesn’t cheat them.

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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.

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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.

© 2020 Trichter And LeGrand. All rights reserved