Articles Posted in DWI Defense Lawyer

Driving under the influence (DUI) is a criminal offense that one should never take lightly. Collin County is known for its zero-tolerance approach to DUI, which means that even a single drink can lead to an arrest. If you or a loved one has been charged with DUI in Collin County, it is fundamental to know the laws, penalties, and consequences. Additionally, building a strong DUI defense strategy and working with an experienced Collin County DUI attorney can significantly increase your chances of securing a favorable outcome.

Understanding Collin County DUI Laws

Before we delve deeper into how to build a strong DUI defense strategy, it is essential to understand the DUI laws in Collin County.

Blood Alcohol Concentration (BAC) Limits

In Collin County, the legal limit for BAC is 0.08%. However, drivers under the age of 21, commercial drivers, and individuals on probation for a previous DUI charge cannot have any alcohol in their system while operating a vehicle. It is important to note that BAC can be affected by a variety of factors, including the individual’s weight, gender, and the rate of alcohol consumption. For example, a person who weighs less may reach the legal limit faster than someone who weighs more. Furthermore, alcohol can impair a driver’s ability to operate a vehicle safely, even if their BAC is below the legal limit. This is why law enforcement officers may still arrest individuals for DUI if they exhibit signs of impairment, such as erratic driving or slurred speech.

Implied Consent Law

Collin County has an implied consent law that mandates drivers to take a chemical test if they are arrested under the suspicion of DUI. This means that if a law enforcement officer has probable cause to believe that a driver is under the influence of drugs or alcohol, the driver must submit to a blood, breath, or urine test. Refusing to take the test can lead to an automatic driver’s license suspension for up to 180 days. It is important to note that even if a driver refuses the test, they can still be charged with DUI based on other evidence, such as field sobriety tests or witness testimony.

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If you have been charged with a DUI (Driving Under the Influence) offense in Rockwall, Texas, it is crucial to understand the potential consequences and what defense strategies may be available to you. A DUI conviction can have a major impact on your life, including a driver’s license suspension, fines, increased insurance rates, and even jail time.

At Guest & Gray, our Rockwall DUI defense lawyers have extensive experience handling DUI cases. In this post, we discuss three of the most common DUI defense strategies we regularly use to help protect our clients’ rights and achieve the best possible outcome in each case we handle.

Challenging the Traffic Stop

One common defense strategy for DUI charges is to challenge the legality of the traffic stop. The Fourth Amendment protects individuals from unreasonable searches and seizures. If the police officer lacked reasonable suspicion or probable cause to initiate the traffic stop, any evidence obtained during the stop may be suppressed. Your defense lawyer will carefully examine the circumstances surrounding the stop, including the officer’s observations, traffic violations, and adherence to proper protocols. If any constitutional violations occurred, they can challenge the legality of the stop, potentially leading to a dismissal of the charges.

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When facing DUI (Driving Under the Influence) charges in Rockwall, Texas, it is crucial to understand the importance of procedural compliance. DUI cases involve complex legal and scientific aspects, and law enforcement officers must follow strict procedures to gather evidence and make arrests. If they don’t certain evidence—like breathalyzer or blood-test results—may not be admissible at trial.

As experienced Rockwall DWI defense attorneys, we want our clients to understand every possible defense that might apply to their case. So, in this blog post, we are exploring how to use procedural defenses to fight DUI cases.

Protecting Your Constitutional Rights

The U.S. Constitution protects individuals from unreasonable searches and seizures under the Fourth Amendment. This protection extends to DUI cases, where law enforcement officers must have reasonable suspicion or probable cause to stop a vehicle and conduct investigations. A skilled defense attorney will examine the circumstances surrounding your traffic stop and arrest to ensure that your rights were not violated. If any constitutional violations occurred, they can file motions to suppress evidence, potentially leading to a dismissal of the charges.

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When facing DUI or DWI charges in Rockwall, there are various defense strategies beyond challenging the evidence or procedural compliance. These alternative defense strategies focus on highlighting mitigating factors, exploring diversion programs, or negotiating plea agreements to achieve a favorable outcome. In this blog post, we will explore three alternative DUI defense strategies that a skilled Rockwall criminal defense lawyer can employ to protect your rights and minimize the impact of the charges.

Mitigating Factors

A strong defense strategy involves highlighting any mitigating factors that may exist in your case. For example, if it was your first offense, you have a history of responsible driving, or there were exceptional circumstances surrounding the incident, your defense attorney can present these factors to the prosecution and the court. Demonstrating that the offense was an isolated incident or out of character can help negotiate a reduced charge or a more lenient sentence.

Diversion Programs

In some DUI cases, especially for first-time offenders, participating in a diversion program may be an option. Diversion programs aim to rehabilitate offenders rather than impose strict penalties. These programs typically involve counseling, educational classes, community service, and regular check-ins. Successfully completing a diversion program can result in the dismissal of the charges or a reduction in penalties. An experienced Rockwall criminal defense lawyer at Guest & Gray can assess your eligibility for diversion programs and guide you through the process.

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Cases involving DWI arrests are some of the most common criminal cases in Texas, with tens of thousands of people being arrested for DWI each year. These crimes, while usually considered misdemeanors, can result in life-changing consequences if you’re convicted. However, just because you’ve been arrested doesn’t mean you’ll be convicted, especially if the dedicated Forney DUI defense attorneys at Guest & Gray are involved in your case.

Facing a first-time DUI charge can be stressful. Part of the reason for this is that there are a lot of uncertainties about what you could face if you’re convicted. Read on to learn more about first-time DUI offense penalties in Texas.

Immediate Consequences

After a first-time DWI conviction, you may face the following immediate consequences:

Driver’s License Suspension: Your driver’s license may be suspended for a specific period of time, typically between 90 days and one year, depending on the circumstances of your case.

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In a recent case before the Texas Court of Appeals, the State asked the court to reconsider an originally unfavorable verdict. After a defendant had been charged with driving while intoxicated, he quickly filed a motion to suppress incriminating statements he made to police officers after the incident. The lower court granted this motion, deciding the defendant’s statements to police officers could not be introduced at trial. On appeal, however, the State argued this decision was unconstitutional; ultimately, the higher court agreed and reversed the lower court’s decision.

Facts of the Case

According to the opinion, a 911 caller one evening reported that he had seen a car crash into a utility pole and immediately drive away. The caller told the 911 operator that the car’s driver, who turned out to be the defendant in this case, had emerged from his car to survey the damage, and he appeared to be bleeding from his ear. The caller followed the defendant to his house to check on him, giving the 911 operator the defendant’s address.

Soon, police officers arrived at the defendant’s home and knocked on the door. The defendant answered, and he was holding a cloth to his bleeding ear. The officer asked the defendant several questions, and the defendant was eventually asked to take field sobriety tests. Soon after, the defendant was arrested for driving while intoxicated. At the station, the defendant’s blood alcohol concentration came through as .173, well over the legal limit of .08 in Texas.

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In a recent DWI case coming out of a Texas court, the defendant unsuccessfully appealed her conviction of driving while intoxicated. Originally, the defendant had been found guilty after a police officer stopped her based on a traffic violation. On appeal, the defendant argued that the officer did not actually have reason to conduct the initial traffic stop, and thus the evidence of her intoxication should have been suppressed. The court, considering the circumstances of the stop, disagreed with the defendant and denied her appeal.

Facts of the Case

According to the opinion, the defendant was driving one evening when she passed through a “no through traffic” sign at the edge of a construction zone. A police officer began following her through the construction zone and pulled her over once she had driven from one end of the zone to the other end.

As the officer spoke with the defendant, he smelled alcohol and observed behavior in the defendant that appeared to indicate she was intoxicated. The officer asked the defendant to complete several field sobriety tests, which served as further confirmation that the defendant was intoxicated. The defendant’s blood was drawn pursuant to a search warrant, and her blood alcohol content was .14.

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In a recent opinion from a Texas court, the defendant successfully argued that his motion to suppress should have been granted. Originally, the defendant was pulled over in a traffic stop, and the officer pulling him over arrested him for driving under the influence. When the defendant filed a motion to suppress the incriminating evidence proving he was intoxicated, the court at first denied this motion. Later, though, a higher court agreed with the defendant, finding that the evidence should have been suppressed in the first place.

The Facts of the Case

According to the opinion, an officer was patrolling the roads one evening when he stopped the defendant’s vehicle for failing to maintain a single line of traffic. In the officer’s testimony, he stated that the only reason he stopped the defendant’s car was for this one reason – there were no other factors that went into his decision to pull the defendant over.

During the traffic stop, the officer saw that the defendant appeared to be intoxicated. He arrested the defendant for driving while intoxicated, and the defendant soon after filed a motion to suppress the evidence of his intoxication. The defendant argued that the officer did not have reasonable suspicion to pull him over in the first place, and since the officer should not have initiated the traffic stop, the subsequent evidence of intoxication was unfairly included in the State’s case. The court denied this motion to suppress, and later the defendant pleaded guilty to driving while intoxicated. Continue reading

In a recent opinion from a Texas court involving a DWI, the defendant’s request for incriminating evidence to be suppressed was denied. The defendant was found guilty of driving while intoxicated and appealed by arguing that the court improperly admitted his blood sample as evidence at trial. The court disagreed, ultimately denying the defendant’s appeal.

The Facts of the Case

According to the opinion, an officer in Texas stopped the defendant after observing his vehicle weaving from one lane to the other. The officer also saw that the defendant’s middle brake light was out and was concerned about the vehicle’s defective equipment. During his testimony, the officer explained that he originally looked for the defendant’s car because a bartender had called the police station saying she was concerned that the defendant might be heavily drinking and driving after having departed her establishment.

After stopping the defendant’s vehicle, the officer noticed the smell of alcohol, slurred speech, bloodshot eyes, and that the defendant was sleepy and swaying. While the defendant admitted to drinking alcohol, he refused to submit to a blood test. Based on the officer’s statements, however, a judge found that there was probable cause for a search warrant, and decided that the officer was legally allowed to take a sample of the defendant’s blood regardless of whether or not the defendant was willing to give it. The defendant’s blood sample was thus obtained and eight days later, was delivered to the Texas Department of Public Safety. An analysis of the sample showed that the defendant’s blood-alcohol level had been .170 grams of alcohol per 100 milliliters of blood. He was convicted for driving while intoxicated.

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Manejar un vehículo de motor bajo los efectos de bebidas embriagantes

¿Se enfrenta usted a una alegación de conducir un vehículo en estado de embriaguez? Existen varios detalles que usted debe saber sobre las penalidades y multas de un DWI.  ¡De ser arrestado por un DWI se enfrenta a la suspensión de su licencia de conducir, pero der ser encontrado culpable de manejar bajo efectos embriagantes, usted podría enfrentarse hasta 10 anos de prisión! 

¿Enfrentarse a tal acusación crea miedo, no? 

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