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Common DWI Questions

WHAT HAPPENS WITH 3RD OFFENSE DWI?

WHAT HAPPENS WITH 3RD OFFENSE DWI? In This Short Video DWI Attorney Aaron White Explains What Happens When You Get A 3rd DWI In Texas. This Is A 3rd Degree Felony And Your Going To Find Yourself In Felony Court. A 3rd Degree Felony Has A Minimum Punishment Range Of Two Years In The State Penitentiary All The Way Up To 10 Years. Watch This
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DO I NEED A LAWYER IF I GET A DWI?

DO I NEED A LAWYER IF I GET A DWI? https://youtu.be/hv7u8oQ1u_g In this short 2 minute video DWI Attorney Aaron White answers the question, “do I need a lawyer if I get a DWI?” This is a commonly asked question here at our law firm, in the courthouse and across the internet. There is an old saying that goes around the courthouse, “anyone who represents
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5 STEPS IN YOUR DWI ARREST

5 STEPS IN YOUR DWI ARREST Getting Arrested For DWI In Texas May Be One Of The Most Stressful And Traumatic Events In Your Life. Although A First Offense DWI Is Still A Misdemeanor, It’s Nothing Like Getting A Traffic Ticket And For People Who Have Never Been In Trouble With The Law, It’s Their First Experience With Being Treated Like A Criminal.  The Entire
DWI First Offense

[Sept 1, 2019] New Penalties For DWI In Texas

NEW PENALTIES FOR A DWI IN TEXAS PENALTIES THAT WENT IN EFFECT SEPTEMBER 1, 2019 JAIL & FINES The Jail Penalties for a class B & A misdemeanors remain the same, ie 72 hours to 180 days in jail for a class B and 365 days for a class A. However, fines have now increased and are: 1) Up to $3,000 for First conviction to
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Gary Trichter Recognized As Lawyer Of The Year By Best Lawyers

2020 LAWYER OF THE YEAR GARY TRICHTER HOUSTON – October 2, 2019 – 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
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What is a DWI Specialist?

WHAT IS A DWI SPECIALIST? Gary Trichter – 1st DWI Specialist In State Of Texas Searching the internet to find the right lawyer for you, your family member or friend, can be a very daunting experience. Many people search using the terms “Best DWI attorney”, “Top DWI attorney”, “Most Winning DUI attorney”, “Most Aggressive DUI attorney”, “DWI Specialist”, “DUI Expert”, etc. Indeed, doing such searches
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What is a DWI 3rd or more and the potential punishment?

WHAT IS A DWI 3RD & PUNISHMENTS? https://youtu.be/pmjH6TQr5JM According to the State of Texas, a DWI third offense is when an individual is arrested for DWI and has previously been convicted two times of DWI. If you are convicted of a third DWI, this third-degree felony can result in A fine up to $10,000 Between two and 10 years in the Texas Department of Criminal Justice Driver license
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What is DWI with child and the potential punishment?

What is DWI with child and the potential punishment? DWI with child passenger is a very serious charge. According to the State of Texas, DWI with a child passenger is when: a person commits a offense if the person operates a motor vehicle in a public place; and, the vehicle being operated by the person is occupied by a passenger who is younger than 15 years
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What is a felony DWI?

WHAT IS A DWI FELONY? https://youtu.be/1WNopl5kEZM Felony DWI in Texas charges are very serious and can have a major impact on your life beyond just the punishment stated. A felony conviction can disqualify you from voting, obtaining certain jobs, renting certain apartments, and owning a firearm. There are four intoxication-related offenses that are classified as felony DWI. Felony DWI in Texas Offenses include: A DWI 3rd or
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What is DWI 2nd and the potential punishment?

What is DWI 2nd and the potential punishment? https://youtu.be/3mIC8GubQBI DWI 2nd is a serious charge. According to the State of Texas, a DWI 2nd charge is when you are arrested for DWI and have previously been convicted once of driving while intoxicated. There is no limit to how old your previous conviction may be in order to enhance a DWI to a DWI 2nd. The
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What is an administrative license revocation (ALR) Hearing, and why is it important?

What is an administrative license revocation (ALR), and why is it important The best reason to request an administrative license revocation hearing or ALR hearing, first and foremost, is to try to save your driver’s license. The ALR Program is “a civil administrative process unrelated to criminal court proceedings, in which individuals arrested for driving while intoxicated (DWI) or boating while intoxicated (BWI) who refuse
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What are the penalties for a DWI in Texas? (Before Sept 1, 2019)

WHAT ARE THE PENALTIES FOR A DWI IN TEXAS Penalties For a DWI in Texas Changed on September 1, 2019 Prior To September 1, 2019: The First-Offense penalties for DWI conviction with less than a .15 BAC includes the possibility of a fine not to exceed $2,000.00 and/or a jail sentence from 3 days to 180 days, and a driver’s license suspension of 90 to 365
DUI punishment underage drinking penalties driving while drinking and open alcoholic container houston dui lawyer

What is DUI and its potential punishment?

DUI Punishment in Texas https://youtu.be/jLtrDxaIgZ4 Before 1983, DUI meant driving under the influence of drugs or narcotics, but now it only pertains to minors. In Texas, it is never permissible for minors to have any alcohol in their body and drive. DUI punishment as a result of a charge does not require proof of impairment; rather, it requires only a showing that there was a
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What is DWI and its potential punishment?

DWI Punishment & Penalties https://www.youtube.com/watch?v=4Sghr4P5T7o DWI is a criminal offense which prohibits you from operating a motor vehicle in a public place while “intoxicated” is defined as having lost the normal use of either mental or physical faculties, or having a .08 alcohol level in either your breath, your blood, or your urine. The DWI statute does not require you to be “drunk,” rather, it
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Who is the Best DWI Lawyer in Houston?

WHO IS THE BEST DWI LAWYER IN HOUSTON? It’s only natural to want to find the best DWI Lawyer you can after you, a family member or friend gets arrested for a DWI. Texas takes driving while intoxicated seriously and the punishment can Be extreme. This is one of the reasons why you should never try to take on your case alone or attempt to use
Texas DUI Statistics

Texas DUI/DWI Statistics

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 –
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The ALR Hearing After A DWI Arrest

THE ALR HEARING AFTER A DWI ARREST Administrative License Revocation hearing or ALR 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: one, a criminal case against you (DWI), and the second (ALR) is a hearing against your license. The Purpose of the ALR
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ROLL OF A CRIMINAL DEFENSE LAWYER

ROLE OF THE CRIMINAL DEFENSE LAWYER https://youtu.be/4Sghr4P5T7o 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
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ADMINISTRATIVE LICENSE REVOCATION (ALR)

ADMINISTRATIVE LICENSE REVOCATION (ALR) https://youtu.be/oUYu0ev8k98 
The Administrative License Revocation (Alr) Program Is A Civil Administrative Process Requiring The Department To Suspend And/Or Disqualify Your Driver License If You Are Arrested For Driving While Intoxicated (Dwi) Or Boating While Intoxicated (Bwi) When You: 
-Refuse to take or fail to complete a blood or breath test, or

 -Provide a blood or breath test that registers a blood
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THE SIX CRITICAL ELEMENTS TO YOUR DWI DEFENSE

THE SIX CRITICAL ELEMENTS TO YOUR DWI DEFENSE Here Are Six Critical Elements Of Your DWI Defense: 1) A Thorough Investigation Of The Facts And The Law. 2) A Review Of All Audio/Video Recordings. 3) Knowledge Of The Police Motor Skill Exercises And Their Grading. 4) Extensive Knowledge Of Police Breath & Blood Testing Devices. 5) Extensive Experience In Motion Hearings And Trials. 6) A
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MARIJUANA AND DWI

MARIJUANA AND DWI https://youtu.be/Cj4LTXKJFQk In This Short 5 Minute Video DWI Attorney Aaron White Talks About Marijuana And DWI. Did You Know You Could Get A DWI Without Drinking Alcohol? Being Under The Influence Of  Marijuana And Driving A Motor Vehicle Could Get You Arrested For A DWI. Watch This Video To Learn More. TELL US ABOUT YOUR CASE Form Submissions Get A Fast Response
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WHAT MAKES A DUI/DWI LAW FIRM?

WHAT MAKES A DWI/DUI LAW FIRM? Lots Of Lawyers Can Do DWI/DUI Cases, However, Only A Very Few Dedicate Themselves To Exclusively Do That Work.  Where A Lawyer Limits Himself To One Area Of The Law, It Provides An Opportunity For That Attorney To Become Extremely Skilled And Knowledgeable There.  However, As That Lawyer’s Reputation Grows, His Availability To Handle Reoccurring Issues, His Productivity Will
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THE DEFENSE LAWYER: UNDERSTANDING THE ROLE OF DEFENSE COUNSEL

THE DEFENSE LAWYER: UNDERSTANDING THE TRUE ROLE OF DEFENSE COUNSEL Introduction Probably One Of The Most Misunderstood Jobs In The American Culture Is That Of The Criminal Defense Lawyer. To Be Blunt, The Job Is Not About Making Lots Of Money, Ego, Getting A Defendant Off, Or About Having A Professional Stature In The Community. Rather, It Is About Being A Part Of A Higher

WHAT IS AN EXPUNCTION & WHY YOU SHOULD GET ONE

WHAT IS AN EXPUNCTION AND WHY YOU SHOULD GET ONE https://youtu.be/8tjvUCAEPBU An Expunction Is A Legal Mechanism To Remove All Information About An Eligible And Qualified Criminal Episode From Your Record. In Order To Qualify For An Expunction, Your Offense Must Meet The Following Criteria:    A) You Were Wrongly Arrested, But Never Prosecuted    B) Your Case Was Dismissed    C) You Went To Trial
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WHY PLEADING GUILTY TO DWI MIGHT NOT BE YOUR BEST OPTION

WHY PLEADING GUILTY TO DWI MAY NOT BE YOUR BEST OPTION In Many Counties, It May Seem That The Government’s Strategy Is To Wear You Down With Numerous And Tedious Court Appearances To Make You Plea Guilty To Your DWI Charges. The Government Wears You Down In The Process So Much That You Accept A Guilty Plea “Just To Get It Over With.” You Have
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WHAT EVERY DRIVER SHOULD KNOW

WHAT EVERY DRIVER SHOULD KNOW https://youtu.be/kzxqaHxKnxg In Texas, There Appears To Be A Lot Of Confusion Between The Citizens, Law Enforcement, And Even Lawyers, About Deemed Consent. When It Is Proper For A Law Enforcement Officer To Ask For A Breath Or Blood Specimen? Many People Have The Misconception — Especially Police Officers And Courts — That A Driver Gives Deemed Consent To Testing When

WHAT ARE MY RIGHTS WHEN I’M ARRESTED FOR DWI?

WHAT ARE MY RIGHTS WHEN I’M ARRESTED FOR DWI? If You Are Arrested For DWI, You Have Rights. That Doesn’t Mean You Can Evade Arrest Or, In Some Cases, Refuse A Breath Or Blood Test, But Rather, It Means That You Don’t Have To Willingly Comply With All “Requests” Made By The Officer. DWI And Your Rights During The Traffic Stop Most Driving While Intoxicated (DWI)
DWI auto insurance rates

HOW A DWI CAN AFFECT AUTO INSURANCE RATES

HOW A DWI CAN AFFECT AUTO INSURANCE RATES If You’ve Been Arrested For DWI You’re Suddenly Faced With A Great Deal Of Uncertainty Regarding Your Future. As You Weight The Financial Impact Of Your Arrest, Don’t Overlook How Your Possible Conviction Could Affect Your Auto Insurance Rates. A DWI Charge Will Lead To A Number Of Immediate Expenses Including: Making Bond Hiring An Attorney And,
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YOUR DWI LAWYER IS YOUR BOATING WHILE INTOXICATED LAWYER

HOW YOUR DWI LAWYER IS YOUR BOATING WHILE INTOXICATED LAWYER During The Summer Months, We Become Boating While Intoxicated Lawyers As Police Crack Down On Boating While Intoxicated Offenses. In Its Peak Time, Our Firm Will Defend Just As Many BWI Cases As We Will Driving While Intoxicated Cases Because The Consequences For A Conviction Or An Arrest For BWI Are Almost Identical To Those
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HOW DWI AFFECTS YOUR FUTURE & CAREER

HOW DWI AFFECTS YOUR FUTURE AND CAREER Whether You’ve Been Convicted Of DWI For The First Time Or You’ve Had Multiple Convictions, The Being Convicted Of DWI Affects Everything Throughout Your Life From Your Reputation And Career To Insurance Rates And Our Ability To Own A Firearm. In Texas, Each Time You Are Convicted Of DWI, The Punishment Becomes More And More Severe Legally, Socially
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CELL PHONE DATA PRIVACY AFFECTS LEGALITY OF THE BLOOD SEARCH WARRANT

CELL PHONE DATA PRIVACY AFFECTS LEGALITY OF THE BLOOD SEARCH WARRANT In Mid-June 2018, The United States Supreme Court Decided A Case With A Rationale That Interestingly Applies To Police Blood Testing And The Blood Search Warrant. The Effects On Our 4thAmendment Protections Against Unreasonable Searches And Seizures The Case, United States Vs Carpenter, Holds That The Government May Not Seize Data Concerning Cell Phone Locations Absent
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GREGORY HOULTON JOINS TRICHTER & LEGRAND

GREGORY HOULTON JOINS TRICHTER & LEGRAND HOUSTON — May 10, 2018 — The Law Office Of Trichter & LeGrand, P.C. Announced Today That Former Chief Prosecutor With The Harris County District Attorney’s Office, Gregory Houlton, Will Join The Firm On May 14th As Its Newest Criminal Defense Attorney. Houlton Most Recently Served As District Court Chief Responsible For Supervising A Team That Handled More Than 1,000 Criminal Cases At Any Given
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THE IMPORTANCE OF OUR CONSTITUTIONAL RIGHT TO AN ATTORNEY

THE IMPORTANCE OF OUR CONSTITUTIONAL RIGHT TO AN ATTORNEY The February 2018 Justice Department Inspector General Michael Horowitz’s Report Confirms Our Founding Fathers’ Justified Fear Of The Government They Were Going To Establish. They Understood That Power Corrupts And That There Was A Great Tendency For More Corruption The Longer A Person Is Involved In Government. The Inspector General’s Report, Which Questions The Truthfulness Of Top FBI
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GARY TRICHTER RECOGNIZED AS “LAWYER OF THE YEAR”

GARY TRICHTER RECOGNIZED AS “LAWYER OF THE YEAR” BY WOODWARD WHITE HOUSTON – September 13, 2017 – J. Gary Trichter, Founder Of Trichter & LeGrand, PC, A Leading Houston Criminal Defense Firm, Has Been Recognized By His Attorney Peers As 2018 “Lawyer Of The Year” In The Practice Area Of DUI/DWI Defense In Houston. The Honor Includes Inclusion In The 24th Edition Of The Best Lawyers In
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TEXAS NONDISCLOSURE LAW GIVES “SECOND CHANCE” IF CONVICTED OF DWI

TEXAS NONDISCLOSURE LAW GIVES “SECOND CHANCE” TO THOSE CONVICTED OF DWI In The Latest Legislative Session Of 2017, The Texas Legislature Changed The Nondisclosure Law Giving Those Accused Or Previously Convicted Of DWI A Valuable Tool That Can Minimize The Long-Term Damage To Their Criminal Record. Until Recently, If You Pleaded Guilty To A DWI Charge In Texas, The Final Conviction Would Stay On Your
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DRUGGED DRIVING MYTH

DRUGGED DRIVING MYTH There Are Many Myths Surrounding The DWI Laws In Texas. Criminal Attorneys In Houston Often Hear About Situations That Could Have Been Prevented If The Client Had A Clearer Understanding Of The Law. No Where Is This Truer Than With The Third DWI Myth: Drugged Driving Myth. We Hope That This Miniseries Clarifies Any Remaining Misunderstandings When It Comes To Texas DWI Laws.  
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HOW LONG CAN THE STATE USE A PRIOR DWI CONVICTIONS AGAINST YOU?

HOW LONG CAN THE STATE USE A PRIOR DWI CONVICTIONS AGAINST YOU? https://youtu.be/x0NOm_zZvx8 If You Have Prior DWI Convictions, The Prosecution Can Use Previous Offenses Against You Forever. Whether It’s Been 10, 20, Even 30 Years Since Your Prior Conviction, The Prosecution Can Use It To Enhance Your Punishment For A Current DWI Conviction.   Using Your Prior Conviction Increases The Grade Of The DWI Offense You
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NOTICE OF SUSPENSION TEMPORARY DRIVING PERMIT & THE ALR HEARING

NOTICE OF SUSPENSION TEMPORARY DRIVING PERMIT AND THE ALR HEARING When You Are Arrested For DWI, The State Of Texas Is Required To Give You A Notice Of Suspension Temporary Driving Permit (DIC-23) And A Statutory Warning (DIC-24). These Documents Serve Three Purposes: To Remind You That You Were Arrested For DWI; To Inform You That Your Driver’s License Is Subject To Suspension For 90 Days If You
DWI First Offense

IMPAIRED DRIVING VS DRUNK DRIVING

IMPAIRED DRIVING AND DRUNK DRIVING In Texas, There Is A Difference Between Impaired Driving And Drunk Driving. It Is A Crime To Do Either, But The Way The State Defines Intoxication Is Having Lost The Normal Use Of Mental Or Physical Faculties. And You Don’t Have To Be Drunk To Commit The Offense. If You Are Over The Age Of 21 And The Police Suspect
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VINCE YOUNG DWI VIDEO DEMONSTRATES “OPINION CRIME”

VINCE YOUNG DWI VIDEO DEMONSTRATES “OPINION CRIME” The Release Of The Vince Young DWI Video Of His Arrest Reminds Me Of The Routine Question I Am Regularly Asked As A Board Certified DWI Lawyer: What Should I Do If I Am Stopped For DWI? Do I Answer The Officer’s Questions? Do I Attempt To Do “Sobriety Exercises”? Do I Refuse Or Take A Breath Test?
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TEXAS DWI IMMIGRATION CONSEQUENCES WITH A DWI CONVICTION

TEXAS DWI IMMIGRATION CONSEQUENCES WITH A DWI CONVICTION The Short Answer Is Maybe. In Some Circumstances, A DWI Conviction Can Prevent You From Entering Certain Countries, Such As Canada. Also, Certain Felony DWI-Related Convictions Could Lead To The Deportation Of Non-Citizens In Certain Situations. TELL US ABOUT YOUR CASE Form Submissions Get A Fast Response Use the form to request your free consultation to discuss your case
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POOR MAN’S P-51: THE T-28 TROJAN

THE POOR MAN’S P-51: THE T-28 TROJAN Which One Of You That Have Gone To An Airshow Have Dreamed Of Owning An Old Military Plane?  The Honest Answer Is That We All Have Because There Is Just Something Extra Appealing About The Looks, Sounds And Flying Characteristics Of Warbirds. Being An Aviation Enthusiast, I Have Either Owned Or Partnered A Bonanza 35M, A Pitts S1T.
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DEFERRED ADJUDICATION IS UNAVAILABLE IN DWI CASES

DEFERRED ADJUDICATION UNAVAILABLE IN DWI CASES DWI and Deferred Adjudication Being charged with driving while intoxicated is a life altering event. Not only are you subject to the embarrassment of being arrested and appearing in court but you are treated differently than almost everyone one else in the courtroom. Why? You CANNOT get a deferred adjudication! First, what is deferred adjudication?   A deferred adjudication
blood search warrant

THE BLOOD AND BREATH TESTING MYTH

BLOOD AND BREATH TESTING MYTH As Discussed Earlier This Series, There Are Many Intricacies Involved In The DWI Laws In Texas. Defense Attorneys In Houston Often Hear Client Stories That Could Have Been Prevented If The Person Had A Clearer Understanding Of The Law. No Where Is This More True Than With The Blood And Breath Testing Myth. The Blood and Breath Testing Myth We are fortunate
DWI affects gun ownership, dwi on chl texas

HOW DOES A DWI AFFECTS GUN OWNERSHIP?

HOW DOES A DWI AFFECTS GUN OWNERSHIP https://youtu.be/3x3mCOjw5p4 How does a DWI and drug conviction affect your privileges of owning a gun, driving a car, holding a professional license and keeping a clean record. Most people do not realize how a drug conviction like marijuana possession and a DWI affects gun ownership, your driver’s license and your professional licenses. The Texas Department of Public Safety (DPS) will suspend your driver’s license
Apple Watch breathalyzer

APPLE WATCH BREATHALYZER

APPLE WATCH BREATHALYZER BACtrack, A San Francisco-Based Company Has Been Creating Breathalyzers For Consumers, Businesses, Schools, Clinics, Hospitals, The Military, And Law Enforcement Since 2001, Has Created Skyn Which Like An Apple Watch Breathalyzer. It’s A Breathalyzer That Comes With Apple Watch Strap Options, Allowing The Wearer To Easily Check Their Blood Alcohol Content From Their Wrist On The Go. We Think This Is A Good Idea For Those Who
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Why A DWI Specialist is More Effective

WHY A DWI SPECIALIST IS A MORE EFFECTIVE CRIMINAL DEFENSE ATTORNEY One of the many benefits of having a criminal defense attorney who is a DWI Specialist by the National College for DUI Defense, like J. Gary Trichter, is their level of preparedness. They prepare by analyzing the different aspects of a DWI case long before the client walks in the door. They also prepare
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What Is The DWI Non-Disclosure Statute?

WHAT IS THE DWI NON-DISCLOSURE STATUTE? In 2017, the Texas legislature signed into law the Texas DWI Non-Disclosure Statute that would allow first-time DWI offenders who have a BAC of .08 to .14 to apply to restrict who can see their criminal records. According to the Texas Office of Court Administration, a nondisclosure is “An order of nondisclosure is a court order prohibiting public entities such as courts and
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Unfair Field Sobriety Tests

UNFAIR FIELD SOBRIETY TESTS https://youtu.be/9Vd5hLJoBsk It is our opinion that unfair field sobriety tests, which can be used as a test of sobriety in the state of Texas, are unjust to the citizens who are asked to participate in them. The pressure to maintain arrest rates leads many officers to have tunnel vision when it comes to roadside exercises—and their subjective opinion can have a
star-spangled-banner

Defiance of Fort McHenry

The Defiance of Fort McHenry O! say can you see, by the dawn’s early light What so proudly we hail’d at the twilight’s last gleaming, Whose broad stripes and bright stars through the perilous fight,O’er the ramparts we watch’d, were so gallantly streaming?And the rockets’ red glare, the bombs bursting in air,Gave proof through the night that our flag was still there –O! say, does
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These Machines Can Put You In Jail

These Machines Can Put You in Jail. Don’t Trust Them. A million Americans a year are arrested for drunken driving, and most stops begin the same way: flashing blue lights in the rearview mirror, then a battery of tests that might include standing on one foot or reciting the alphabet. What matters most, though, happens next. By the side of the road or at the police station, the drivers
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What Are The Penalties For a DWI in Texas? (After Sept 1, 2019)

WHAT ARE THE PENALTIES FOR A DWI IN TEXAS BEFORE SEPTEMBER 1, 2019? https://youtu.be/J1tKoCHulQ4 The First-Offense penalties for DWI conviction with less than a .15 BAC includes the possibility of a fine not to exceed $2,000.00 and/or a jail sentence from 3 days to 180 days, and a driver’s license suspension of 90 to 365 days. (Class B Misdemeanor). Where, however, there is a BAC .15
Drinking & Driving Houston

The Law on DWI

The Law on DWI About every 20 minutes in Texas, someone is hurt or killed in a crash involving alcohol How Much Is Too Much? 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
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Man Got a DWI Even Though He Wasn’t Drinking

Can You Get A DWI Without Drinking? (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%
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DWI convictions for immigration purposes

DWI convictions for immigration purposes 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
2019 DWI Defense Boot Camp

2019 DWI Defense Boot Camp

GARY TRICHTER AT 2019 DWI DEFENSE BOOT CAMP IN WASHINGTON, MISSOURI 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. Download Full PDF Here TELL US ABOUT YOUR
DWI affects gun ownership, dwi on chl texas

The consequences of a DWI on CHL Texas concealed handgun license

CONSEQUENCES OF A DWI ON CHL TEXAS CONCEALED HANDGUN LICENSE The words echoed out Charton Heston like Moses on Mount Sinai as he held up a flintlock rifle and said, “Out of my cold dead hands.” Many citizens of the State of Texas hold the late, Mr. Heston’s sentiments and the 2nd Amendment close to their heart when it comes the effects of a DWI on their
DWI bond conditions

The Unjust Burden of DWI Bond Conditions

THE UNJUST BURDEN OF DWI BOND CONDITIONS The framers of our constitution insisted the accused shall always remain innocent unless proven guilty. But DWI bond conditions or being on bond for a driving while intoxicated case in Texas may make you feel as though your guilt has already been determined before you step foot in the courthouse. DWI Bond Conditions When you are charged with
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The facts about Driving Under the Influence of Marijuana

THE FACTS ABOUT DRIVING UNDER THE INFLUENCE OF MARIJUANA When most people think of “DWI” and “DUI” they generally relate it to alcohol. But with an ever-increasing number of states legalizing marijuana, either for medical or recreational purposes, law enforcement is focusing on driving under the influence of marijuana. For example, Colorado has legalized s marijuana for medical use and it appears that prescriptions for
ALR Proceeding, Driver License Suspension, ALR Hearing fail

There are two possible license suspensions in every DWI arrest

There are two possible license suspensions in every DWI arrest https://youtu.be/FqLp9CxivFA Generally speaking, those who are arrested for DWI are equally as concerned about going to jail as they are about losing their driving privileges. Indeed, each DWI arrest has the potential for two separate license suspensions, one for being convicted criminally, and one for refusing or failing a breath or blood test (Administrative License Revocation or

Earning Honorary Naval Aviator Wings: A Visit to USS Harry S. Truman (CVN 75)

EARNING HONORARY NAVAL AVIATOR WINGS: A VISIT TO USS HARRY S. TRUMAN (CVN 75) By J. Gary Trichter Did you ever dream about what it would be like to land on an aircraft carrier?  Go ahead and close your eyes and visualize that you are in deep concentration not only approaching a very small but growing target that is moving at 30 knots, but also,
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What if I have multiple DWI cases pending?

WHAT IF I HAVE MULTIPLE DWI CASES PENDING? https://youtu.be/J1tKoCHulQ4 If you have multiple DWI cases pending, the prosecution may use those offenses as punishment evidence against you in trial, revoke your bond on the initial DWI charge, or recommend a harsher penalty for a DWI conviction.   TELL US ABOUT YOUR CASE Form Submissions Get A Fast Response Full Name* Phone* Email Type of Case*Type
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Can a passenger have an open container in a motor vehicle while it’s being driven?

Can a passenger have an open container in a motor vehicle while it’s being driven? No. The State of Texas prohibits any passenger from having an open alcoholic container in a passenger area of the vehicle unless the person is a passenger in the living quarters of a motor home, a limousine, a bus, a taxi, or a motor vehicle designed, maintained, or used primarily
Intoxilyzer 9000 DWI breath test machine BAC Testing

What is the Intoxilyzer 9000 and associated problems?

What is the Intoxilyzer 9000? https://www.youtube.com/watch?v=Xp0eUQiyACA Texas is currently replacing the Intoxilyzer 5000 EN and transitioning to the Intoxilyzer 9000 for breath alcohol testing. According to the manufacturer, the device works on the basis of infrared light absorption by alcohol detected in a person’s breath. According to the manufacturer and the Texas Department of Public Safety (DPS), the device subtracts the amount of light absorbed
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If I take a breath and/or blood test and the alcohol concentration (BAC) is .15 OR MORE, what are the ramifications?

If I take a breath and/or blood test and the alcohol concentration (BAC) is .15 OR MORE, what are the ramifications? https://youtu.be/J1tKoCHulQ4 If submit to a DWI blood test or breath test and your alcohol concentration (BAC) comes back as 0.15 or higher, your charge can be enhanced from a DWI class B misdemeanor to a DWI class A misdemeanor, which may carry conviction penalties
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What can cause my commercial driver’s license to be suspended?

WHAT CAN CAUSE MY COMMERCIAL DRIVERS LICENSE BEING SUSPENDED? If you own a commercial drivers license or CDL, it may be suspended for 1 year (or 3 years if transporting hazardous material at the time) if you are convicted of: >operating a commercial or noncommercial motor vehicle while intoxicated in a public place >leaving the scene of an accident involving a motor vehicle driven by
Police DWI Tests Portable Breath Test and DWI Blood Test field sobriety test opinion crime

What is DWI probation?

WHAT IS DWI PROBATION? https://youtu.be/xciI3dKybKMDWI probation is a contract between you and the court when you are convicted of crime in which the judge suspends your jail sentence, does not make you pay the entire fine, and does not take away your driver’s license as long as you behave under “community supervision.” More specifically, you will: >NOT have to do the 180 days in jail. >ONLY pay $500
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What is intoxication manslaughter and the potential punishment?

What is intoxication manslaughter and the potential punishment? https://youtu.be/1WNopl5kEZM Intoxication manslaughter is when you cause the death of another person by accident or mistake, either while committing the act of BWI or FWI or while operating a motor vehicle while intoxicated in a public place (DWI), and by reason of your intoxication. It is the highest-degree intoxication-related offense and occasionally may escalate to a felony
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What is intoxication assault and its potential punishment?

What is intoxication assault and its potential punishment? https://youtu.be/1WNopl5kEZM Intoxication assault is when you cause serious bodily injury to another person by accident or mistake, either while committing the act of BWI or FWI or while operating a motor vehicle while intoxicated in a public place (DWI), and by reason of your intoxication. “Serious bodily injury” means injury that creates substantial risk of death or
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What happens to my pilot’s license if I’m arrested for DWI?

What happens to my pilot’s license if I’m arrested for DWI? https://youtu.be/jS_LUoW6P58 DWI and pilot license do not mix. The penalties are severe and potentially career ending. If you are a licensed pilot and you’ve been convicted of DWI, you must file a pilot’s first-class medical application and report your status within 60 days of your conviction to the FAA as well as to the Civil Action Security Division
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What is BWI and the potential punishment?

What is BWI and the potential punishment? BWI or boating while intoxicated is when you commit an offense intoxicated while operating a watercraft. A BWI is just as serious a charge as a DWI, and its punishments are exactly the same as for DWI, including the same surcharges and license suspensions. A first-offense boating while intoxicated conviction with a BAC less than .15 is a class
Pilots and DWI

PILOTS and DWI: THE FAA AND LEGAL MALPRACTICE: HOW TO PROTECT TWO LICENSES AT THE SAME TIME: YOURS AND YOUR CLIENT’S

PILOTS AND DWI: THE FAA AND LEGAL MALPRACTICE: HOW TO PROTECT TWO LICENSES AT THE SAME TIME: YOURS AND YOUR CLIENT’S https://youtu.be/ttP1pz3JYQ4 By J. Gary Trichter and Christian Samuelson Let’s talk about pilots and DWI as well as the FAA and legal malpractice. So, you are a big time DWI/DUI lawyer and it is your lucky day!  Your secretary tells you that a civil attorney friend has
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23rd Annual Mastering Scientific Evidence (MSE) in DWI/DUI Cases

23RD ANNUAL MASTERING SCIENTIFIC EVIDENCE (MSE) IN DWI/DUI CASES The National College for DUI Defense (NCDD) and the Texas Criminal Defense Lawyer’s Association proudly announce the agenda for the 23rd Annual Mastering Scientific Evidence (MSE) in DWI/DUI Cases to be held in New Orleans, beginning on March 31, 2016 through April 2, 2016, at the Royal Sonesta Hotel. “We are excited about our MSE line up of
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J Gary Trichter now licensed to practice law in Wyoming

GARY TRICHTER NOW LICENSED TO PRACTICE LAW IN WYOMING CHEYENNE, WY — J. Gary Trichter, Founder And Principle Of Trichter & LeGrand, P.C., A Law Firm Focusing On DWI Defense And Criminal Defense In Houston And In Bandera, Texas (Serving The Texas Hill Country), Was Sworn In On Friday, February 26, 2016 By Justice William Hill Of The  Wyoming Supreme Court Making Him A Member Of The Wyoming
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What You Need to Know About the Four Propositions on the Texas Ballot

WHAT YOU NEED TO KNOW ABOUT THE FOUR PROPOSITIONS ON THE TEXAS BALLOT By J. Gary Trichter March 1, 2016 is a very important election day in Texas, because you are being asked to vote not only on candidates but also on four propositions. As I have said many times, you, as Americans and Texans, are part of “We the People.” In that role, you
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Trichter & LeGrand PC Attorneys Named to 2015 Annual Super Lawyers List

TRICHTER & LEGRAND PC ATTORNEYS NAMED TO 2015 ANNUAL SUPER LAWYERS LIST HOUSTON — Oct. 13, 2015 — Two attorneys with Trichter & LeGrand PC were selected to appear on the 2015 edition of Texas Super Lawyers, a Thomson Reuters service, as leading criminal defense attorneys in Texas. Of all the attorneys in Texas, only 5 percent are chosen for the annual list. “It is an
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Houston No refusal weekends: What you need to know

HOUSTON NO REFUSAL WEEKENDS: WHAT YOU NEED TO KNOW https://youtu.be/vPxORoWL2Ak There’s been a lot of talk about Houston No Refusal Weekends trying to increase DWI arrests. No Refusal Weekends are when officers pull you over for suspected driving under the influence of alcohol, and you can not refuse to take a field sobriety or breathalyzer test. Normally, if pulled over for suspected driving under the influence, you
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Blue Lives Matter

BLUE LIVES MATTER In the course of recent events, we’ve heard the media-driven mantras ‘Black Lives Matter’ and ‘All Lives Matter.” Well, police lives matter, too. Thousands of men and women, who have been participating in protests around the country, reveal that there are huge issues of misunderstanding and distrust between police officers and the people they serve. A reoccurring issue today is the use

Multiple DWI convictions may not be your fault; could be a sign of deeper issues

MULTIPLE DWI CONVICTIONS MAY NOT BE YOUR FAULT; COULD BE A SIGN OF DEEPER ISSUES It used to be in Texas that if you had a DWI that was beyond ten years old, that conviction could not be used against you in your current case to ratchet up the punishment. But years ago, Texas changed that law so if you had an older DWI conviction whether it

Why an open container is dangerous in DWI Offenses

WHY AN OPEN CONTAINER IS DANGEROUS IN DWI OFFENSES Texas law says, you cannot drive while you’re impaired from alcohol and it says that you cannot drive with an open container. A DWI lawyer will tell you that if you are caught with an open container, the character of your offense will be changed and jail time will automatically be added to the minimum of the sentence you
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What happens after “Not Guilty” in a Texas DWI arrest?

WHAT HAPPENS AFTER “NOT GUILTY” IN A TEXAS DWI ARREST? https://youtu.be/SbBWjDaqEKY While the best outcome in a DWI case is a not guilty, you need to know that a DWI arrest record never goes away, unless you request an expunction of your record. An expunction allows the State of Texas to erase all the related DWI records to your case that were generated by the
B-25 ADVENTURE

B-25 ADVENTURE

B-25 ADVENTURE By J. GARY TRICHTER Heavy rains forced the cancellation of Sunday’s performance for the mega weekend “Wings Over Houston” Airshow at Ellington Field (KEFD).  The heavy deluge continued another two days which prevented most of the vintage warbird fleet from leaving.  Indeed, the rains and resultant flooding were so bad that local animals started to line up 2 by 2 and I started
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Why We Like Video in DWI Cases

WHY WE LIKE VIDEO IN DWI CASES https://youtu.be/pYnTvqYgzlY Video in DWI cases has been one of the best things law enforcement has done to assist them in showing the truth. While the act of taking video is a right you cannot refuse, the fact is, video simply does not lie. It shows exactly how you behaved and how you sounded when the officer pulled you over. It
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Why a DWI Specialist is a More Effective Criminal Defense Attorney

WHY A DWI SPECIALIST IS A MORE EFFECTIVE CRIMINAL DEFENSE ATTORNEY One Of The Many Benefits Of Having A Criminal Defense Attorney Who Is A DWI Specialist By The National College For DUI Defense, Like J. Gary Trichter, Is Their Level Of Preparedness. They Prepare By Analyzing The Different Aspects Of A DWI Case Long Before The Client Walks In The Door. They Also Prepare
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The Dangers of DWI No Refusal Weekends in Houston

THE DANGERS OF DWI NO REFUSAL WEEKENDS IN HOUSTON No Refusal weekends are a new phenomenon coined by law enforcement to advertise that police agencies will ask for a search warrant to seize a blood sample from a driver, if you refuse to take the breath test. The state of Texas allows a driver to refuse a breath or blood test, unless a judge issues
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DWI Sobriety Tests are Designed to Fail You

DWI SOBRIETY TESTS ARE DESIGNED TO FAIL YOU It’s no surprise that DWI sobriety tests are designed so that you will fail them. According to the National Highway Traffic Safety Administration’s website: “The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests are
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The Benefits of a Houston DWI Lawyer Who is a DWI Specialist by NCDD Over a Criminal Defense Attorney

THE BENEFITS OF A HOUSTON DWI LAWYER WHO IS A DWI SPECIALIST BY NCDD OVER A CRIMINAL DEFENSE ATTORNEY America offers a lot of all-in-one alternatives. Think about doctors. General practitioners listen attentively to health complaints but don’t have deep experience in one particular area. That’s where they often refer you to a specialist. DWI defense is very similar. If you are ever arrested for
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Boating While Intoxicated Season in Houston

BOATING WHILE INTOXICATED SEASON IN HOUSTON Now that the weather is warming up, Texans will be hitting our waterways in Conroe, Livingston, Houston or Galveston in record numbers. That means boating and drinking. Let us say this first and foremost: If you’re the captain of a water vessel,  keep the safety of your passengers, yourself and other boaters in mind–don’t drink while boating. Boating while intoxicated
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New Reality Show Looking for Legal Disputes for New Pilot

NEW REALITY SHOW LOOKING FOR LEGAL DISPUTES FOR NEW PILOT If you or someone you know is involved in a legal problem, but you don’t have the resources, patience or the desire to take them to court, bring it to “Heartland Justice.” This new show, based on the concept of Texas’ old-time circuit-riding judges, will spotlight residents in Texas who are facing real legal dilemmas
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J Gary Trichter Serves as Master of Ceremonies at the 29th Annual Joint Service Academies Military Ball

J GARY TRICHTER SERVES AS MASTER OF CEREMONIES AT THE 29TH ANNUAL JOINT SERVICE ACADEMIES MILITARY BALL J. Gary Trichter had the honor of serving as Master of Ceremonies at the 29th Annual Joint Service Academies Military Ball on December 26, 2014 at Moody Gardens Convention Center in Galveston, Texas. The event is held to honor the young men and women from the Southeast Texas
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Public Intoxication versus Driving While Intoxicated

PUBLIC INTOXICATION VERSUS DRIVING WHILE INTOXICATED The difference between being publicly intoxicated and driving while intoxicated is simple:  Public intoxication or “P.I.” is when a person who has been drinking proves to be a danger to himself or a danger to others. For driving while intoxicated or DWI purposes, “intoxication” is defined as having lost the normal use of mental or physical faculties or the
Drinking & Driving Houston

Field Sobriety Test: The Walk and Turn

Field Sobriety Test: The Walk and Turn https://youtu.be/Dtb1w1smlF0 Law enforcement has three tests that they depend upon to build a case against a driver that they suspect has been driving while intoxicated. The first one is the Eye Test, the second is the One-Leg Stand and the third test is called the Walk and Turn. In the Walk and Turn test, the officer puts a person in a
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Field Sobriety Test: The Eye Test

FIELD SOBRIETY TEST: THE EYE TEST https://youtu.be/RSDJV1YNfuU Horizontal Gaze Nystagmus, or more commonly known as “The eye test” is one of the three standardized field sobriety tests created by the National Highway Traffic and Safety Administration (NHTSA). The test was created to identify drivers who have been operating their vehicles while under the influence. Horizontal Gaze Nystagmus is the lateral jerking movement of the eye balls that is
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Field Sobriety Test: The One Leg Stand

FIELD SOBRIETY TEST: THE ONE LEG STAND https://youtu.be/X1ZtEsCc6y0 The “one leg stand” test is one of three standardized field sobriety tests implemented and sanctioned by the National Highway Traffic Safety Administration (NHTSA). The test is designed to measure the body’s response and reflex to certain stimuli that are believed to manifest as a result of consuming alcoholic beverages. Police officers administer this test by having
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DWI Myths Miniseries Part 3: Drugged Driving

DWI MYTHS MINISERIES PART 3: DRUGGED DRIVING As discussed in the first two parts of this series, there are many myths surrounding the DWI laws in Texas. Criminal attorneys in Houston often hear about situations that could have been prevented if the client had a clearer understanding of the law. It is our hope that the final installment of this miniseries clarifies any remaining misunderstandings
Intoxilyzer 5000 EN DWI breath testing device BAC testing myths

What are some BAC testing myths?

WHAT ARE SOME BAC TESTING MYTHS? If you think popping a breath mint after a few drinks will mask alcohol odor and fool the officer who just stopped you for suspicion of DWI, think again. The police officer’s nose can’t detect blood alcohol concentration (BAC) in your breath, but adding an odor (even one as pungent as an onion) doesn’t change the alcohol concentration in your body. One of
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What are the Visual Cues of an Intoxicated Driver?

WHAT ARE THE VISUAL CUES OF AN INTOXICATED DRIVER? Intoxicated drivers typically display several different visual cues that can help a police officer to identify them before they are pulled over. After extensive studying, the National Highway Traffic Safety Administration (NHTSA) has created a list of these cues, which have been found to accurately predict high blood alcohol concentrations (BAC). Your Houston criminal defense team at Trichter
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A Guide to Texas DWI Penalties

A GUIDE TO TEXAS DWI PENALTIES Your criminal lawyers in Houston, Texas, want you to be aware of the consequences and penalties you could face if you are convicted of driving while intoxicated (DWI). These penalties can range from a license suspension to hard jail time, depending on the circumstances surrounding your conviction. Possible Penalties If you are convicted of a DWI charge, your Houston defense attorney wants
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“Political Correctness” is Really incorrect for America!

“POLITICAL CORRECTNESS” IS REALLY INCORRECT FOR AMERICA! Political Correctness has been defined as “agreeing with the idea that people should be careful not to use language or behave in a way that could offend a particular group of people.” Some say it is a good thing while others say it is not. In fact, some say Political Correctness has gone way to far, has gone
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At 7:30 am on September 14, 1814

AT 7:30 AM ON SEPTEMBER 14, 1814 It was just outside Baltimore at a place called Fort McHenry. There had been over 25 hours of continuous bombardment. Indeed, it had been one explosion every minute since the fort’s defenders had been attacked by the foreign invaders. All through the night’s rain storm, the fort’s smaller storm flag (17′ x25′) had courageously and defiantly flown. At
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What is the definition of an American Citizen?

WHAT IS THE DEFINITION OF AN AMERICAN CITIZEN? Interestingly, the Texas Court of Criminal Appeals on 9/11/133, 9/11’s 12th anniversary, gave approval to a definition that describes the characteristics of the American Citizen. In a case styled State of Texas v. Christopher James Wade, where nervousness and a refusal to cooperate were deemed insufficient facts to justify a detention or frisk, the CCA  said: “Who,
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15 simple Changes that will make America American

15 SIMPLE CHANGES THAT WILL MAKE AMERICA AMERICAN AMENDING THE CONSTITUTION TO PROTECT OURSELVES FROM CONGRESS Our Founding Fathers were really geniuses and very much afraid of BIG Government. That fear compelled their creation of many checks and balances to be built into the Constitution to protect us from the Government. Article V is one of those checks and provides two ways of amending the
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Is NSA Data Mining Unconstitutional? We Think So.

IS NSA DATA MINING UNCONSTITUTIONAL? WE THINK SO The one big thing that sets “OUR” United States apart from most other countries are “OUR” rights in what is commonly called “The Bill of Rights.”  A cornerstone right found therein is in the Fourth and Ninth Amendment and is the “right of privacy.” “Our” Constitution established a “limited government” and reserved all other power to the “We the People”
impaired driving versus drunk driving

Impaired Driving versus Drunk Driving

IMPAIRED DRIVING VERSUS DRUNK DRIVING Understanding the terms impaired driving versus drunk driving can be difficult since they are virtually synonymous. By definition, both actions are essentially the same. A person can become drunk by having consumed so much alcohol that normal actions like operating a vehicle become difficult. consuming this level of alcohol impairs your normal faculties. “Impaired” means to be in a less than perfect or whole condition such as
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Man Blows 0.00 on Breathalyzer, Gets Arrested for DWI

MAN BLOWS 0.00 ON BREATHALYZER, GETS ARRESTED FOR DWI Many people falsely believe that if they pass a breath test, they will be free to go and not be charged with DWI/DUI; this belief is false. Take for instance Larry Davis, an Austin man arrested and charged with DWI even though he blew 0.00 percent on an Intoxilyzer 5000. Most people are shocked by this story, but
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What is the Loss of Normal Use Myth?

What is the Loss of Normal Use Myth? The Loss of Normal Use Myth begins with the reoccurring story that begins with a responsible citizen finding themselves handcuffed in the back of a police car. They tell us they took steps to ensure they would never be arrested for DWI. Being responsible, they report that they limited themselves to only one drink an hour and only decided
Preventing DWI

Preventing DWI and Surviving Houston DWI No Refusal Weekend

PREVENTING DWI AND SURVIVING HOUSTON DWI NO REFUSAL WEEKEND The Houston DWI Attorneys at Trichter & LeGrand, P.C., have recommended tips for surviving Texas No Refusal weekends and how to host parties this Holiday season preventing DWI for you and your guests. The criminal defense firm specializes in Texas DWI defense has released its list of tips to keep guests safe during festivities and no refusal weekends. “Freedom isn’t free and
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Should we punish the Sick? Why current DWI laws fail repeat offenders.

WHY CURRENT DWI LAWS FAIL REPEAT OFFENDERS Recently, I read a story about a man who was arrested for DWI in Montgomery County.  It was his 12th DWI arrest.  There was some discussion in the media that the justice system should throw the book at this DWI offender. Ultimately, the man pled guilty and was sentenced to 30 years in prison. Reflecting on a person who
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An Overzealous Media and Ambitious Politicians Are Bad For Justice and Science

AN OVERZEALOUS MEDIA AND AMBITIOUS POLITICIANS ARE BAD FOR JUSTICE AND SCIENCE The legal world appears always framed by the current hot social media case. Recently, America was divided by a Florida murder case that generated feelings of frustration on both sides of the issues of justice and race. Some folks felt like the system had failed while others felt as though justice was done.
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J Gary Trichter Honored With Erwin-Taylor Award

J GARY TRICHTER HONORED WITH ERWIN-TAYLOR AWARD HOUSTON – July 30, 2013 – Trichter & LeGrand, PC, a leading Houston criminal defense firm, announced today that J. Gary Trichter, DWI Specialist by the National College for DUI Defense, founder and Cowboy Lawyer and prominent Houston DWI Attorney, has been honored with the Erwin-Taylor Award by the National College for DUI Defense (NCDD) at their annual summer session held at Harvard
Intoxilyzer 9000 DWI breath test machine BAC Testing

What is a portable breath test (PBT)?

What is a portable breath test (PBT)? A portable breath test device, or PBT, is an electronic alcohol breath tester. It is generally the size of a cigarette package and is carried by the officer in the field as a tool to help him determine whether a driver is intoxicated. Portable Breath Test is Not Approved These devices are not approved by the Texas Department
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Star-Spangled Banner: “In God is our trust”

STAR-SPANGLED BANNER: “IN GOD IS OUR TRUST” Our National Anthem Misunderstood:  THE TRUE STAR-SPANGLED BATTLE STORY  AND WHY COMMON SENSE SAYS WE ALWAYS NEED TO SING THROUGH VERSE TWO  As Americans, We strive to live by a GOD based and Patriotic Code of Honor. We acknowledge that “We” are those “of the People, by the People and for the People” that President Lincoln spoke about
police-breathalyzer

Do I have a choice to refuse to perform police field sobriety testing?

Do I have a choice to refuse to perform police field sobriety testing? Yes, you can refuse the police field sobriety tests. Police officers have many tools that they use to help them determine whether a person is intoxicated for DWI purposes. Field Sobriety Tests: Tools of the trade Many of these tools are the subject of great debate as to whether or not they
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What special conditions are placed upon bond for DWI in Texas?

What special conditions are placed upon bond for DWI in Texas? For a first offense, DWI bond conditions are a matter of discretion for the court. However, if you are charged with a subsequent offense of DWI in Texas or a first offense of intoxicated assault or manslaughter in Texas, you are required to install a vehicle ignition interlock device on your car and are
star-spangled-banner

President’s Message: My Last President’s Column: The Real Story Behind the Star Spangled Banner

THE REAL STORY BEHIND THE STAR SPANGLED BANNER Originally published online in The Voice Online, June 2, 2012 – By J. Gary Trichter As I reflect on the events of the last two years, I must say first what a privilege it has been to be your President. I have not been humbled by the the honor, but rather, inspired by it. The Presidency and
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Can Texas suspend my license if I received a DWI in another state?

Can Texas suspend my license if I received a DWI in another state? https://youtu.be/J1tKoCHulQ4 No. Texas cannot suspend your license if you receive a DWI in another state, but it can, however, prevent you from applying for a Texas license during the period of suspension. It can also notify the state issuing your license of the Texas suspension and ask that the issuing state honor
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J. Gary Trichter Voted “Best Lawyer in America” by Woodward White, Inc. for 2013

J. GARY TRICHTER VOTED “BEST LAWYER IN AMERICA” BY WOODWARD WHITE, INC. FOR 2013 The founder of Trichter & LeGrand, PC, J. Gary Trichter, a prominent Houston DWI lawyer, has been selected by his peers for inclusion in the 20th Edition of The Best Lawyers in America by Woodward White, Inc. in the DUI/DWI Defense practice area. The Houston DWI lawyer was selected for the eleventh time. Selection to Best
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J. Gary Trichter to Speak at National College for DUI Defense 2013 Summer Session

J. GARY TRICHTER TO SPEAK AT NATIONAL COLLEGE FOR DUI DEFENSE 2013 SUMMER SESSION Trichter & LeGrand, PC, a leading Houston criminal defense firm, announced today that J. Gary Trichter, founder and Cowboy Lawyer, will be speaking at the Summer Session of the National College for DUI Defense (NCDD) on July 25, 2013 at Harvard Law School. His topic will be, “Lawyer Ethics and the Code
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What can a knowledgeable DWI attorney do for me immediately after I’ve been arrested?

What can DWI attorney do for me after arrest? https://youtu.be/J1tKoCHulQ4 A lot. A knowledgeable Houston DWI attorney can assist you in being released from jail by arranging for or posting bond if you’ve been arrested. Also, it should be noted that all persons arrested for DWI who have taken the police breath or blood test, and even a few who have not, have a statutory
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What is a DWI surcharge?

What is a DWI surcharge? A DWI surcharge is an administrative penalty charged by the Texas Department of Public Safety as a fee for you to maintain your driver’s license after you have either suffered a DWI conviction or submitted to a breath and/or blood test which showed an alcohol concentration of .16 or more. For 3 years following either of the aforementioned events, one
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If I’m arrested for DWI, when do I have an absolute right to an attorney?

If I’m arrested for DWI, when do I have an absolute right to an attorney? Under our federal and state constitutions, you have an absolute right to an attorney at your trial if you are arrested for DWI. However, such is not the case in every pretrial stage which precedes the trial. Indeed, in some pretrial stages, a person in custody has a right to
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Should I Refuse The Breath or Blood Test?

SHOULD I REFUSE THE BREATH OR BLOOD TEST? https://youtu.be/kzxqaHxKnxg If I refuse a breath and/or blood test, or if I’m found to have an alcohol concentration of .08 or more at the time of vehicle operation, can anything be done to prevent my license from being suspended? Law enforcement officers can seize your driver’s license if you have refused or failed a breath and/or blood
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Do I have the right to use the telephone to call an attorney for DWI assistance?

Do I have the right to use the telephone to call an attorney for DWI assistance? No. There is no statute or court decision that provides that the police must allow you access to a telephone in order for you to speak to a attorney for DWI assistance and advice. However, you do have the right to stop all interrogation questions until your lawyer is
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Is it legal to drive a motor vehicle while drinking an alcoholic beverage, and if not, what are the penalties?

CAN I DRIVE WHILE DRINKING ALCOHOLIC BEVERAGE? https://www.youtube.com/watch?v=nofEkqEQon0 No, it is not legal to be driving while drinking and alcoholic beverage. It is a class C misdemeanor for you to operate a car while you personally possess an open alcoholic beverage container. This penalty, as noted earlier, increases if you are arrested for DWI. Additionally, recent legislation also prohibits any passenger from having an open
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What is a standardized field sobriety test?

What is a standardized field sobriety test? A standardized field sobriety test (SFST) is a police tool to help the officer try to identify an intoxicated driver. The three SFSTs are as follows: The horizontal gaze nystagmus (HGN) test The one-leg stand test The walk and turn test These three tests were developed by researchers funded by the National Highway and Traffic Safety Administration (NHTSA).
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Do I have a choice to refuse being videotaped?

Do I have a choice to refuse being videotaped? No, you have no right to refuse being videotaped. However, you do have the right to refuse to perform any police field sobriety exercises and to refuse to answer any interrogation questions. Unlike breath or blood test refusals, there is no penalty for refusing to perform DWI field sobriety tests or answer any questions.   TELL
DWI First Offense

What is implied consent, and do I have a choice to refuse a breath or blood test?

What is implied consent, and do I have a choice to refuse a breath or blood test? https://youtu.be/J1tKoCHulQ4 Our law provides that where there is implied consent, the arrested person may refuse to take the requested test absent a search warrant. Where you refuse, penalties may follow depending on whether you have had any prior “alcohol-related or drug-related enforcement contacts,” which are license suspensions or
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Before I’m arrested for DWI, am I required to take a breath, blood, or urine test when requested by a police officer?

Am I required to take a breath, blood, or urine test when requested by a police officer? https://youtu.be/J1tKoCHulQ4 Maybe and no. Our law deems that all persons who drive with Texas licenses have already conditionally agreed, AFTER their DWI arrest, to take either a breath or blood test upon being lawfully arrested, and provided orally and in writing a statutory warning requesting a breath or

Are crimes of DWI and public intoxication (PI) in Texas different, and if so, how?

Are crimes of DWI and public intoxication (PI) in Texas different? https://youtu.be/J1tKoCHulQ4 Yes, the crimes of DWI and public intoxication in Texas are very different. Specifically, the statutory definitions of the term “intoxicated” are not equal in regard to the two charges. The DWI intoxication definitions (loss of normal mental or physical faculties and/or BAC .08 or more) require a lesser measure of intoxication than does
Intoxilyzer 5000 EN DWI breath testing device BAC testing myths

What is the debate over the Intoxilyzer 5000 EN’s accuracy and reliability?

What is the debate over the Intoxilyzer 5000 EN’s accuracy and reliability? Very few law enforcement offices in Texas are using the Intoxilyzer 5000 EN devices and virtually all have adopted the Intoxilyzer 9000 machine. However, some of the the 5000 EN machines are still in use. Police say that the Intoxilyzer 5000 EN will show only a result of the breath tested and that
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How accurate and reliable are the police dwi tests used to determine alcohol concentration?

How accurate and reliable are the police dwi tests used to determine alcohol concentration? When we talk about police DWI tests, Texas law provides that alcohol concentration testing can be performed by analysis of a DWI suspect’s urine, blood, or breath. All three of these testing methods, however, leave much to be desired. Police DWI Tests Urine testing is the least accurate and least reliable
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Is it .08 or more when I drive or .08 or more at the time I’m tested, or both, that will make me guilty of DWI?

Is it .08 or more when I drive or .08 or more at the time I’m tested, or both, that will make me guilty of DWI? https://youtu.be/J1tKoCHulQ4 Our DWI law in Texas requires the prosecution to prove that you were .08 BAC or blood alcohol content at the time of driving in order to convict you. A subsequent breath or blood test can yield three
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If I take a breath and/or blood test and the alcohol concentration (BAC) is LESS THAN .08, can I still be convicted and/or lose my license?

DWI BREATH TEST & TIME https://youtu.be/J1tKoCHulQ4 Yes. Where a DWI breath test does not show intoxication (i.e., it shows .00, .02, .06, etc.), it is often the case that the prosecution will still proceed under the theory that intoxication was present and caused by a drug, a controlled substance, or a combination of alcohol with the drug or controlled substance. If the prosecution can show
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How can a DWI Specialist challenge the Results of a Field Sobriety Test (FST)?

How can a DWI Specialist challenge the Results of a Field Sobriety Test (FST)? https://www.youtube.com/watch?v=BJ0JhLPC5pE The Field Sobriety Test (FST) consists of three tasks that a police officer administers to a driver who is suspected of driving under the influence of alcohol. These guidelines are issued by the National Highway Traffic Safety Administration (NHTSA). According to defense attorneys in Houston, the tests include: HGN (Horizontal
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What is a no-refusal weekend?

What is a no-refusal weekend? The term “ no-refusal weekend ” is a misnomer. It was coined by law enforcement to advertise that police agencies would ask for a search warrant to seize a blood sample from a driver where a breath test was refused. Here, it is important to note that Texas does allow you to refuse a breath or blood test unless a
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How long will a DWI arrest or a DWI conviction in Texas stay on my record? How will it affect my automobile insurance rates?

How long will a DWI conviction in Texas stay on my record? A DWI conviction produces a permanent record. It is also important to note that a DWI probation, which is also a final conviction, will remain permanently on your criminal record. If, however, your DWI conviction case results in a dismissal, then the arrest record can be expunged, which is a proceeding whereby all
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What is .08 alcohol concentration?

What is .08 alcohol concentration? https://youtu.be/J1tKoCHulQ4 Alcohol concentration in DWI is defined by the statute as: the number of grams of alcohol per 100 milliliters of blood; or the number of grams of alcohol per 210 liters of breath; or the number of grams of alcohol per 67 milliliters of urine. As per the two statutory definitions of intoxication, it is possible for a person
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What does “intoxicated” mean?

What does “intoxicated” mean? You need not be drunk to be “intoxicated,” but if you are drunk, you must be intoxicated. “Intoxicated” Defined “Intoxicated” is defined by the DWI statute in three ways: First, you are “intoxicated” when you have lost the normal use of your mental or, second, physical faculties by ingesting an alcoholic beverage, a drug, a controlled substance, or any combination thereof.
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Whose “normal mental and physical faculties” are we judged by, and what is “normal”?

What Is normal mental and physical faculties? According to the Texas DWI statute, “normal mental and physical faculties” refer to those of the particular person who has been arrested. The term does not refer to the normal faculties of the arresting officer, of the jurors, or of a fictitious average person. Indeed, the term “normal” actually refers to a range of measurement of the faculties
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What are the penalties for driving with a suspended Texas drivers license?

What are the penalties for driving with a suspended Texas drivers license? If you have a suspended Texas drivers license because you declined a chemical test or because you were convicted of DWI, the penalties can vary. Driving while license suspended (DWLS) is a misdemeanor and: has a punishment range of 3 days to 180 days in jail and/or a fine from $100 to $500. A new
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Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding?

Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding? https://youtu.be/hv7u8oQ1u_g Absolutely! You should have legal representation in your Administrative License Revocation or ALR hearing. According to the State of Texas, the ALR Program is “a civil administrative process unrelated to criminal court proceedings, in which individuals arrested for driving while intoxicated (DWI) or boating while intoxicated (BWI) who refuse
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How is breath testing done?

HOW IS BREATH TESTING DONE? Police perform breath alcohol testing on a machine named Intoxilyzer 5000 EN. These devices are old and will soon be replaced. When new, sometime in the late ’90s, they cost approximately $7,500. According to the manufacturer, the device works on the basis of infrared light absorption by alcohol detected in a person’s breath. According to the manufacturer and the Texas

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