VIDEO: The Dangers of DWI No-Refusal Weekends
In Houston, DWI No Refusal Weekends, an officer can get a warrant from a judge and “compel” you to take a blood test if you refuse either the blood or breath test. A criminal defense attorney who specializes in DWI defense understands that this makes it easier for them to convict you.
Video: The Difference Between DUI and DWI
Houston DWI Attorney explains the difference between DUI and DWI. Most folks use them synonymously, but they are different. Find out just why.
Video: Why Hire a DWI Specialist?
There are only four lawyers in Texas who can call themselves a “DWI Specialist” and J. Gary Trichter is one of them. A DWI Specialist understands the science behind the flawed breath and blood testing used by police and is able to communicate those flaws effectively to a judge and jury.
What do you do if an officer asks you about drinking?
Let’s say you get pulled over and the officer approaches your vehicle. First, don’t make any sudden moves. Then, be as polite as you can and make sure you’re ready with your license and insurance in hand. Here are a few other things you can do…
What Happens After “Not Guilty” in a DWI Arrest?
Even if you’re found “Not Guilty,” your arrest is still on your record. But you can do something after the fact. An attorney who is a DWI Specialist like Gary Trichter can help you get your record expunged.
Why DWI is an “Opinion” Crime
DWI is an “opinion” crime because the decision to arrest someone is entirely under the flawed judgement of the officer administering the tests.
For many law violations, there are set standards that do not fluctuate based on the opinion of law enforcement. Violations such as running a stop sign, theft, assault, or rear ending another driver are all violations that are not solely determined by the immediate observations and discretion of a police officer. It is for this reason that our Houston criminal lawyers commonly refer to a DWI as an “opinion crime.”
Why DWI is an Opinion Crime.
In our decades of experience, we have noticed that in DWI cases, initial guilt is typically based on the sole discretion, and opinion of the officer, who pulls over a driver suspected of driving drunk. For purposes of determining drunkenness, the officer plays the role of judge, jury and executioner, making the decision to send you to jail for a DWI purely off of his or her observations. This decision is usually made within a matter of minutes, but has ultimate consequences of determining whether a person will go to jail or retain their freedom.
Flaws with field sobriety tests
To determine whether a driver is drunk, officers will administer a field sobriety test. This is a test created and standardized by the National Highway Traffic Safety Administration (NHTSA). The test contains three separate examinations:
- The one leg stand
- The walk and turn test, and
- The horizontal gaze nystagmus, which is commonly referred to as the eye test.
All of these tests are designed to assess the inebriation level of a suspected drunk driver. The problem with these tests is that the results of these tests are subject to the discretion of police officers, leaving your fate to the personal opinion of the officer who pulled you over.
What is legal and illegal when it comes to drinking
We also refer to DWIs as an “opinion crime” because it is not, per se, illegal to have one alcoholic beverage and then operate a vehicle. But it is illegal to do so when you are drunk. Drunkenness is gauged differently to different people. For example, having two drinks at a bar can cause one person to experience impaired driving while another may feel perfectly fine to drive. Whether or not the driver decides to commit the crime is determined by their opinion of their faculties after consuming alcohol.
Experience matters in DWI
Lack of experience on behalf of a police officer administering a field sobriety test, and an incorrect observation can cause an officer to be 100 percent wrong about a driver’s level of intoxication. The opinion of the driver that led them to get behind the wheel after drinking and the opinion of the police officer who may be incapable of accurately determining the level of a driver’s inebriation causes catastrophic results and yields many unnecessary charges for DWI; this requires the assistance of a skilled DWI lawyer to work your case.
If you or a loved one has been charged with a DWI, contact Trichter & Murphy today for a free consultation with one of our expert DWI lawyers in Houston.
DWI Field Sobriety Tests – The Walk and Turn
Houston DWI Specialist attorney Gary Trichter explains why you should politely refuse to take The DWI Walk and Turn field sobriety test.
Helping Clients with Drinking and Addiction Issues
DWI isn’t just a legal problem–there could be a social or a health issue that needs to be addressed. As a DWI law firm in Houston, we want to make sure we protect our clients’ rights, but, as fellow human beings, we also want to get them the help they need to fix what’s broken.
How DWI Field Sobriety Tests Are Designed for Failure
DWI Field sobriety tests are not designed to help you, they are designed to fail you. Before he was a Criminal Defense DWI Specialist Lawyer, Attorney J. Gary Trichter spent seven years in law enforcement. Officers are told how to use the standardized Filed Sobriety Tests without using their own judgement and looking at what is fair.
Impaired Driving Versus Drunk Driving
Houston DWI Attorney Gary Trichter explains the difference between impaired driving and drunk driving and what’s “normal” driving for most people as defined by Texas law.
Our Valuable Rights and Why We Should Stand Up For Them
Unfortunately, Americans need to be reminded of our God-given rights. If we–and that means EVERY American–don’t stand up for them, we won’t have them anymore.
Public Intoxication Versus Driving While Intoxicated
What’s the difference between being publicly intoxicated (PI) and driving while intoxicated (DWI)? Houston DWI Attorney Gary Trichter explains that you actually have to more intoxicated to be P.I. than you do to be DWI.
Texas DWI Guide: First Offense DWI Penalties
The penalties for a first-time Houston DWI convictions depend greatly on whether your BAC level was above or below .15. Below is a Class B misdemeanor while above a .15 is a Class A misdemeanor.
The ALR Hearing
People arrested for DWI don’t realize that they have two cases: The first is DWI which is a criminal case against them and the second is the Administrative License Revocation hearing which is a case against their license. You have a right to a hearing to save your license! Exercise it!
The Dangers of an Open Container in DWI Offenses
The simple answer is just don’t have an open container of alcohol in your car while you’re driving. If an officer pulls you over for a traffic violation, it can lead to much more serious charges. Here’s why..
The Definition of Intoxication
Houston DWI Specialist, Attorney Gary Trichter examines how law enforcement defines intoxication and the flaws in determining what is normal for an individual.
The Flaws of Breath Test Devices
The old days of using a breathalyzer for DWI testing are gone. Today, most law enforcement agencies in Texas use an Intoxilyzer. Here’s why that’s unjust.
The Flaws of DWI Field Sobriety Tests
Field sobriety tests administered by law enforcement are geared for tailor. Houston criminal defense attorney and DWI specialist, Gary Trichter tells why the test is flawed and what you can do.
The Penalties for DWI in Houston
There is a world of difference between a first-offense DWI in Texas and committing multiple offenses. Texas takes DWI and DUI seriously, so you should know about the fines and penalties are.
Regardless of whether or not a DWI is your first offense, you want a good defense lawyer in Houston who understands the severity of the charges and can work to get you the best results possible. The very reason that you want to fight your first offense so strongly is that the sentences gets significantly worse on second and third offenses.
A first offense DWI, if there’s not a test involved, is a Class B misdemeanor. The punishment includes up to 6 months in jail and up to a $2,000 fine. Now, if there is a test involved and your blood alcohol level (BAC) is .15 or above, then the charge is bumped to a Class A misdemeanor. In this case, the punishment goes up to a possible $4,000 fine and up to a year in jail.
If it’s a second offense DWI, it’s the same punishment range as the Class A misdemeanor described above. However, if you are convicted on the second offense for DWI then you are looking at a possible third degree felony charge if it happens again.
If you are facing third degree felony charges, then you are looking at a minimum 2 years in prison, with a maximum of 10 years, and you can get a $10,000 fine on top of that.
If there are any injuries involved in a DWI charge — for instance, a serious bodily injury — it could be a DWI first, then something else called intoxication assault. Intoxication assault charges also carry the same sentencing as a third degree felony. Heaven-forbid, someone is killed in a DWI, then you’re looking at what is called intoxication manslaughter and the punishment is a minimum of 2 years, to a potential 20 years, in prison.
There’s one other DWI-related offense to take note of: DWI with a child. DWI lawyers in Houston, and all over Texas, understand the severity of that charge as a state jail felony. If you have a minor in the vehicle while you’re driving and you get arrested for DWI, then you are looking at a possible state jail felony. What some people may not know is that there are severe, long-term ramifications with a felony. You lose your right to vote, you can’t possess a firearm, and of course, many companies won’t hire you.
So, even though it may not initially sound like a life-altering charge, a DWI is a very significant offense because of the collateral consequences that come along with it.
The Problems with DWI Blood Tests
The DWI blood test is not the gold standard for DWI testing that people think that it is. It’s quite flawed–like most of the DWI tests administered by law enforcement.
The Role of A DWI Criminal Defense Attorney
The job of any criminal defense attorney is to ensure that the rights of his or her client are fully protected. DWI Lawyer Gary Trichter outlines what you should expect when you hire your attorney.
The Skills That Make A DWI Specialist More Effective
There are many skills that make a DWI Specialist more effective long before a client walks in the door. We are constantly learning and studying both the current and new science behind breath and blood testing.
The Unfairness of DWI Roadside Exercises
When an officer asks your to exit your vehicle and perform field sobriety tests, the cards are stacked against you already. The officer doesn’t tell you what he’s looking for or how you’ll be graded. Houston DWI Attorney Gary Trichter explains why these test are unfair and why an attorney who understands DWI can help you.
To Take or Not to Take the DWI Breath or Blood Tests
Taking the breath or blood tests administered by police during a DWI arrest is a huge mistake. The breath test is inaccurate and it doesn’t save the evidence for later testing. Watch my video to understand what DWI specialist lawyers in Houston know that can hurt your case if it’s in the hands of another lawyer.
Video DWI Guide: What if I have a prior conviction or pending multiple offenses?
For those with prior DWI convictions or pending multiple offenses, the prosecution can use those to make your current DWI conviction more harsh. That’s why you need a DWI Specialist who can help increase your chances of a favorable outcome in your case.
Video in DWI Cases is Valuable
One of the best things law enforcement has done to show the truth is taking video of their arrests. The fact is, video doesn’t lie. Sometimes police will describe a very different person in their report than what a jury may see on video.
Video: Field Sobriety Tests – The Eye Test
One of the darlings of the field sobriety tests is the eye test. Houston DWI Lawyer Gary Trichter explains how this test is done and why it’s flawed.
Video: Field Sobriety Tests – The One Leg Stand
DUI / DWI Specialist Attorney Gary Trichter explains how the One Leg Stand field sobriety tool is designed for failure.
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Harris County DWI Lawyer
When you need a Harris County DWI Attorney, our aggressive team is standing by to help. If you've been arrested in Bellaire, Houston, Katy or surrounding areas, call us now.read more
Montgomery County DWI Lawyer
If you've been arrested, call a Montgomery County DWI Attorney to defend you and get your license back. We can help you if you've been arrested in Conroe, The Woodlands or surrounding areas.read more
Fort Bend County DWI Lawyer
Call us when you need a Fort Bend County DWI Attorney to fight for you. We can help you if you've been arrested in Sugar Land, Missouri City or surrounding areas.read more
Kerr County DWI Attorney
Arrested in Kerrville or anywhere in Kerr County? Call the oldest DWI Specialist in Texas. When you've been wrongly arrested in Camp Verde, Center Point, Hunt or Mountain Home, we can help.read more
Kendell County DWI Attorney
If you've been arrested in Kendell County, call a DWI Specialist attorney who fights for you. Whether it's Boerne, Kendalia, Nelson City, Sisterdale or Waring, call us 24/7 to speak to an attorney now.read more
Bandera County DWI Lawyer
Bandera County is famous for the great outdoors.There is so much to do and at some time, you may find yourself needing a Bandera DWI Lawyer.read more
Bexar County DWI Lawyer
Arrested in San Antonio or anywhere in Bexar County? Call the oldest DWI Specialist in Texas. When you've been wrongly arrested in Alamo Heights or Universal City, we can help.read more
Let us answer your Texas DWI Questions
Texas DWI Questions
- What is DWI and its potential punishment?
- What is DUI and its potential punishment?
- What are the penalties for DWI in Texas?
- What is DWI 2nd and the potential punishment?
- What is an administrative license revocation (ALR), and why is it important to have an ALR hearing?
- What is a felony DWI?
- What is a DWI 3rd or more and the potential punishment?
- How long will a DWI arrest or a DWI conviction in Texas stay on my record? How will it affect my automobile insurance rates?
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...read more
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...read more
The penalties for DWI in Texas DWI are: A First-Offense conviction will 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...read more
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...read more
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...read more
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...read more
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...read more
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,...read more
Past Results from actual DWI clients
President of brokerage firm was arrested driving home after a meeting with colleagues. Registered a .19 blood test. - DWI Case Dismissed.
Business owner was arrested for DWI while driving home after company birthday party. - DWI Case Dismissed.
College student was arrested for DWI on beach over spring break. Failed blood test. - DWI Case Dismissed.
Retired dentist was arrested for DWI after meeting up with friends at local bar. Failed breath test. - DWI Case Dismissed.