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WHAT MAKES A DUI/DWI LAW FIRM?

Houston DWI Attorney Trichter & LeGrand Law Firm
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WHAT MAKES A DWI/DUI LAW FIRM?

Houston DWI Attorney Trichter & LeGrand 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 Be Lessened In Some Areas And His Ability To Make Court Appearances Will Be Stretched Thin.

It Is This Phenomenon That Gives Rise To The Need For That Lawyer Have Reserve Resources. 

That Said, In The World Of DWI And DUI Defense, Where Several Highly Experienced And Skilled Lawyers Come Together As A Law Firm, The Returns To Their Respective Cases And Their Clients Are Magnified.  

Clearly, Just As An Army Is Stronger Than A Soldier, So Too, Is The Law Firm To A Single Lawyer.  

Having The Ability To Put Multiple Sets Of Eyes On An Arrest Video, On Blood Or Breath Data, On Police Offense Or Accident Reports, And To Have A Team In Trial Adds Years Of Experience To Identifying Issues, Taking Care Of Client Needs And Initiating Defenses.  

And So, When Needed, We Here At Trichter And LeGrand Utilize A Team Concept In The Representation Of Our Clients. 

Within Our Team, We Have Close To 80 Years Of Experience That Speaks Loudly About Our Professionalism And Reputation.

2.   Reviewing Electronic Audio/Video Recordings

It Is Often The Case That There Are Several Audio/Video Recordings Made In Any DWI/DUI Arrest.  

For Example:  There Is A Fixed Camera In The Front Window Of Many Police Cars That Record Activities Both In Front Of The Cruiser And Inside Of It After An Arrest And During The Transport Of A Citizen To A Jail. 

There Is Also An Audio Component Of This Recording. 

In Addition, Many Officers Wear Body Cams On Their Uniform So That They May Record Conversations That Occur Between Themselves And DWI Suspects And/Or Witnesses.  

Where An Arresting Officer Has A Partner Riding With Him, There Is Generally Another Body Cam Audio/Video Recording.  

In Short, Because A DWI Case Typically Last Three Hours From Start To Finish, It Could Easily Be Nine Hours Of Recording That Needs To Be Digested.  

While It Is Typically The Case That The Assigned Lawyer Listens And Watches The Electronic Recordings By Himself, Where Complex Or Unique Issues Arise, Help Is Called In To Confirm A Defense Or Constitutional Issue.  

In Those Situations, We Here At Trichter & LeGrand Often Have More Than One Lawyer Watch The Critical Areas Of Those Respective Cases.  

For Example, The Actual Traffic Stop, The Performance Of Police Motor Skill Exercises, The Taking Of Blood At An Emergency Room Or The Administration Of An Intoxilyzer 9000 Breath Test At The Station.  

By Utilizing A Team Approach, When Needed, Very Little Escapes The Viewing Team.  

Indeed, Where The Team Is Utilized, There Is Often A Joint Discussion And The Sharing Of Legal Wisdom As To How To Plan The Defense.

3.   Reviewing Blood And Breath Test Data

In Any Type Of A Test Case, There Can Be Hundreds Of Pages Of Blood & Breath Data That Needs To Be Reviewed.  

Because Pouring Over So Many Pages Of Documents Can Be Tedious, Where Issues Are Discovered By The Assigned Lawyer, Those Issues Can Be Shared With Or Bounced Off Another Firm Member. 

By Utilizing A Team Approach This Way, A Defense Or Evidentiary Problem Can Be Readily Identified By The. 

Second Lawyer Who Can Add Insight And Direction As To Best Handle The Matter.  

Again, If An Issue Is Found, Such As Perceived Constitutional Violations, A Defense Or Offense Plan Will Be Started Right At That Time As The Lawyers Discuss The Facts And The Applicable Law.

4.   The Team Acts As A Back Up For An Unavailable Lawyer

Because Each Of Our Lawyers Have Multiple Clients, It Is Not Uncommon That The Assigned Lawyer May Be In Trial Elsewhere When Another Client’s Case Is On A Different Court’s Docket.  

In Those Situations, A Team Member Can Appear With The Client To Assist In Rescheduling The Case For A Future Non Conflict Date.  

In This Way, Clients Will Not Have To Appear In Court By Themselves.

5.   Being In Trial

For The Solo Trial Lawyer, Being In An Evidentiary Hearing Or Trial Is Like Being In A Battle. 

Everything Is Very Fluid And Fast. Indeed, Every Word Heard Or Said Must Be Scrutinized To Determine It’s Fairness, Danger And/Or Meaning. 

That Being So, Remembering The Old Cliché That “2 Heads Are Better Than 1”, In Appropriate Cases, Having A 2nd Lawyer In The Battle Can Be Helpful. 

Understanding That Truth, And Again When Needed, The Use Of A Trial Team Is A Good Strategy For Success.

Summation:

In The Practice Of Criminal Law, Especially That Of DWI/DUI, Utilization Of A Team Approach Has Definite Benefits For Both The Firm And The Clients.  

To Learn More About How A Team Approach Can Help You In Your Case, Feel Free To Reach Out To Us Here At Trichter & LeGrand And We Would Be Happy To Talk To You About It.

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Use the form to request your free consultation to discuss your case with one of our attorneys. 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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The Law on DWI

Drinking & Driving Houston
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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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Use the form to request your free consultation to discuss your case with one of our attorneys. 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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Man Got a DWI Even Though He Wasn’t Drinking

DWI Lawyer-Trichter & LeGrand Law Firm
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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.

TELL US ABOUT YOUR CASE

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Use the form to request your free consultation to discuss your case with one of our attorneys. 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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