I am often asked by my clients if they should voluntarily provide a breath or blood sample when they are arrested for Driving While Intoxicated in Texas. I often hear attorneys advise to never voluntarily provide a sample when requested by an officer. However, I do not believe there is a simple answer to the question anymore and before you decide to voluntarily provide a breath or blood sample you need to consider the following: What happens if you refuse to voluntarily provide a blood or breath specimen verses the consequences of voluntarily providing a specimen and failing; If the officer will obtain a warrant if you refuse to provide a specimen; and Is the officer requesting a blood or breath sample. Consequences Of Not Voluntarily Providing A Sample There are two main consequences in refusing to provide a blood or breath sample when requested by an officer. First, if you refuse to voluntarily provide…Read More
I am often asked what is the difference between Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) in Texas. The answer to the question depends on the age of the person and how much alcohol the individual has consumed. In Texas, a person commits the offense of DWI when the person operates a motor vehicle in a public place while intoxicated. However, a DUI is committed when someone under the age of 21 has a detectable amount of alcohol while operating a motor vehicle in a public place. Therefore, it is possible for someone under the age of 21 to commit the offense of DWI and DUI. However, it is impossible for someone over the age of 21 to commit the offense of DUI. Driving While Intoxicated (DWI) 1. The Offense Of DWI A driver commits the offense of Driving While Intoxicated (DWI) in Texas if the person is intoxicated while operating a…Read More
When you walked out of the court room, order in hand, things stated out smoothy between the two of you. Everyone was following the court's order and working together in raising the children. Then things began to change. It started off slowly at first with the other parent running 15 minutes late. You did not make a big deal out of it because you received a phone call and traffic was bad. Then 15 minutes became 30 minutes and the phone calls about running late stopped. You attempted to discuss the matter with the other parent but you found it did not change the behavior. You continued to find yourself waiting later and later for the other parent to show up with your children. Eventually the other parent was not showing up at all. Maybe it was a little different for you. Perhaps it was the other parent occasionally taking an extra night and you…Read More
Arrest Forms The Department of Public Safety will seek the suspension of your license following an arrest for Driving While Intoxicated. When someone is arrested for DWI, the arresting officer should read and issue a DIC-24 (Statutory Warning) form and a DIC-25 (Notice of Suspension and Temporary Driving Permit) form. The DIC-24 informs the person being arrested for DWI of the consequences of refusing to provide a requested blood or breath sample. The form also lets you know the consequences of providing a blood or breath specimen with an alcohol concentration above .08. The DIC-25 serves as a notice of suspension of the person's license and is a temporary driving permit for 40 days. If you fail or refuse the breath or blood test, the officer will confiscate your driver's license and issue you a temporary driving permit (DIC-25 form). You will have 15 days from the date of receiving the DIC-25 to request an…Read More
I understand going through a divorce is emotionally and financially stressful. You and your spouse have spent years building a life together. During the time you have acquired property and debt. Now it has to be divided. The purpose of this article is to provide you with some information to help you in your case on how the court will characterize and divide the property and debt that was acquired during the marriage. It is important to divide all the property and debt that was acquired during your marriage in the divorce. Failure to do so may leave you fighting over the property or the debt well after the divorce is finalized. Also, if the property is not divided at the end of the divorce, you will become tenants-in-common or joint owners of the property with your ex-spouse, and that is probably the last thing you want to do once you are divorced. In Texas,…Read More
I understand going to court can be intimidating, a little nerve-racking, and probably not how you want to be spending your time. However, court appearances are important and necessary to achieve your goals for the case. I am providing you with the following tips to help inform you of what you can expect. By following these few simple rules, you will avoid problems, make court as comfortable as possible, and learn what to expect in court? 1. Be On Time As the saying goes, five minutes early is on time, on time is late, and five minutes late is unacceptable. Some judges will take you into custody or call unneeded attention to you in the courtroom if you arrive late. Therefore, I recommend arriving in the courtroom 5 minutes early and at the courthouse 20 minutes prior to court. You will be required to go through security prior to entering a courtroom and the lines…Read More
One of the biggest questions I receive from my clients is how can I expect my case to proceed now that I have been arrested for DWI. I understand no one wants to spend their time going through a criminal case and meeting with attorneys. However, we are here to make the process as easy as possible for you so that you can make a fully informed decision on your case. The purpose of this article is to provide you with some idea of what you can expect in the handling of your case in the hopes it will help relieve some of the stress and anxiety of having a pending DWI arrest charge. 1. Request Administrative License Revocation Hearing And Discovery When you are arrested for Driving While Intoxicated the Department of Public Safety will seek the suspension of your driver's license. Depending on the facts of the case the Department of Public Safety…Read More
