Law Offices of

Lars Robert Isaacson

401 East Corporate Drive
Suite 100
Lewisville, TX 75057
ph: 469-948-4740
fax: 972-346-6500
alt: 972-571-9716

DWI

Texas DWI/DUI 

Often, when a person is stopped for DUI/DWI, it is often their first experience with the police and being detained. Some general information may be helpful.

  • Driving under the influence/Driving while intoxicated is a crime under the laws of the State of Texas. It is punishable as a first offense with a fine and up to 180 days in the county jail. Subsequent convictions can enhance the charge to a felony level.
  • When you are stopped for DUI/DWI, if you refuse a breath test, or test over the legal limit of .08, your license will be taken from you, and you will be handed a tempory license that is only good for a brief time. You must file a request for an ALR hearing within 15 days, or your license will be suspended. It is crucial you request an ALR hearing, as it will stay your license suspension until a hearing can be held on the sufficiency of evidence to make the traffic stop.
  • Driving while intoxicated is an offense that can be fought and often can be won at trial. It is an offense that is much more subjective than other alleged offenses, and the state has to prove beyond a reasonable doubt that the driver was over the limit of .08 or was impaired by alcohol.
  • Juveniles are under a "zero tolerance" policy- they may simply not drink any alcohol or drive.
How do I get a loved one out of jail?

Contact the jail where the person is being held. A partial list is provided on the links page. Soon after being processed, a bond will be set for the person being held. A bond is money given or promised to the court to guarantee that the person will attend all court hearings. The amount of the bond goes up, the more severe the alleged crime.

There are two major types of way to post a bond- first is to put up the entire amount of the bond in cash, i.e., a "cash bond." Thus, if the jail informed you the bond was $1,000, then you could bring $1,000 to the jail to secure the release. Once the case is over, that money could be refunded or applied to court costs.

However, many people may not have that type of money immediately on hand. They then can go to a bondsman, who will post the bond, in exchange for a fee, often 15% of the bond amount. Thus, if a person had a $1,000 bond, the person's family could go to a bondsman, who might charge the family $150.00 to post the bond. That $150.00 is not refundable.

 

What is the "surcharge" for a DWI Conviction?

Under Texas Transportation Code § 708.102, each year the Department of Transportation shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated. The amount of a surcharge under this section is $1,000 per year, except that the amount of the surcharge is:

(1) $1,500 per year for a second or subsequent conviction within a 36-month period; and

(2) $2,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.16 or more at the time the analysis was performed.

Thus, a person convicted of DUI/DWI is assessed a minimum of $3,000 of surcharges- another reason to take these cases to trial!

What do I do if stopped for DWI?

Every case is different- but all parts of the DUI/DWI arrest and testing is for one purpose- to convict you of DUI/DWI. It is thus generally best not to participate in the DUI/DWI field tests, and not take the breath and/or blood tests offered to you.

 

 

More questions? Driving while intoxicated is a very serious crime that can have great consequences for you and your family. Such charges can and should be defended.  Please contact us anytime! We look forward to hearing from you.

 

 

 

 

 

401 East Corporate Drive
Suite 100
Lewisville, TX 75057
ph: 469-948-4740
fax: 972-346-6500
alt: 972-571-9716