Credit Cards Accepted
You see the signs on every interstate in Texas – Drink, Drive, Go to Jail. You might go to jail for Driving While Intoxicated (DWI), but the slogan falls well short of what the State must prove in Court. And the mere fact that you were arrested for DWI can result in a separate administrative process to suspend your drivers license, commonly referred to as an A.L.R. hearing.
If you are accused of Driving While Intoxicated, the State must prove that you were intoxicated while operating a motor vehicle in a public place. Intoxication is defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more. Basically, the State gets three bites at the apple to prove intoxication – loss of the normal use of mental faculties, or loss of the normal use of physical faculties, or having an alcohol concentration of 0.08 or more.
Should you be convicted of an intoxication related offense, you may be placed on community supervision (probation) or you may be sentenced to confinement in a county jail or prison depending on the offense. If placed on community supervision, the terms of that supervision will be strictly enforced and may include, among many other things, in-patient or out-patient substance abuse counseling, a short period of “shock” jail or electric monitoring, an ignition interlock device on any vehicle you drive, and a license suspension. A conviction is also likely to result in higher automobile insurance rates.
Examples of intoxication related offenses are:
- Driving While Intoxicated
- Driving Under the Influence
- Driving While Intoxicated - Child Passenger
- Flying While Intoxicated
- Boating While Intoxicated
- Intoxication Assault
- Intoxication Manslaughter
Regarding the A.L.R. hearing, this is a separate procedure from the criminal case against you and, regardless of which law enforcement agency arrested you, is prosecuted by attorneys representing the Department of Public Safety. The hearing often occurs before your DWI case is resolved. You have a limited time period to request this hearing, and failure to timely make the request can result in an automatic suspension of your drivers license. If your license is suspended, you will either need to stop driving until your license is reinstated or petition a court for an essential needs license to allow driving for limited purposes.
Edward A. Jendrzey, Attorney at Law, will use his knowledge and experience to thoroughly review the facts of your case, advise you regarding potential legal defenses, and point out any other issues that may exist with respect to the field sobriety tasks or breath/blood samples.
You can reach Edward A. Jendrzey by phone or use our contact form.