DWI Lawyer in Houston
Attorneys have the passion and commitment to defend you against your charges vigorously. A DWI charge does not mean you will be convicted or even guilty. There are many potential errors in field sobriety tests, blood tests, and breath tests, and he must challenge a breath test and any other tests in many defense cases. Errors can and do occur, not only in the administration of the tests but also in faulty equipment, mechanical failure, failure to maintain or calibrate testing devices correctly, and even incorrect readings due to medical issues. As Texas DWI penalties are extremely harsh, you don’t want to take any chances with your freedom or your legal right to drive.
Jail time, steep fines, and loss of driving privileges can severely impact your life. Contact an attorney immediately so that they may begin an active investigation and defense of your DWI charges. There is a real reason for concern in accusations of DWI, with the emotional, family, and professional strains on top of the stress of facing a court. We understand the important issues you face and will work vigorously to defend your case from the moment of your arrest.
Affording a DWI Lawyer
If your income is limited, you might hesitate to talk to an attorney because you’re worried about the cost. It’s a valid concern, but you won’t know if you can afford a DUI lawyer until you ask. It’s worth calling a lawyer, describing your case, and getting their advice.
Finding a DWI Attorney
Before selecting a lawyer, please ensure your attorney has experience in drunk driving defense. You should make sure the DUI lawyer offers free consultations so you can ask your questions. Having said this, many of the best DUI lawyers don’t offer free consultations.
Attorney Consultation
Plan to go to the first interview with an open mind. You don’t have to decide to hire the first DUI lawyer you interview until you have had time to consider what they have to say. You can call multiple attorneys to ensure you find the best fit for you and your case.
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Remember that a DUI lawyer could help find technicalities that would quickly have the charges against you dismissed. DUI lawyers are experts in finding holes in government cases and using them to get the case dismissed or at least make the government realize their case is weak and offer you an attractive deal.
Even the best DUI lawyer, however, can’t win a case if one is drunk, has BAC several times the legal limit, and the government case is flawless. Still, even in those rare circumstances, an attorney may help.
Driving While Intoxicated
If you are reading this, you have probably just been arrested for DWI. In Texas, we have taken a “tough” rather than “smart” approach to DWI. No other criminal defendant has his/her rights violated as consistently as a DWI suspect. DWI produces more false convictions than any other crime in Texas. The reason is that DWI is an opinion crime. No other criminal case relies on the opinion of one police officer.
Houston Area – Conroe – The Woodlands – Spring – Waller County – Montgomery County – Harris County – Proud to be chosen as one of the Top 10 Best Houston DWI Lawyers
You can be arrested for DWI without showing any signs of impaired driving. A Houston police officer can request you perform field tests and then unilaterally and subjectively decide you are “intoxicated.”
After arrest, Texas denies suspects the right to an attorney and the right against self-incrimination. The police then request a breath sample against the threat of losing your license. In some counties, the authorities line up friendly judges to sign fill-in-blank search warrants for a blood sample!
Field Sobriety Tests
You are under NO obligation to take these tests. An officer can and still will arrest you for DWI. However, these tests are garbage science and should not be attempted lightly.
HGN Test
Perhaps no more fraudulent evidence exists in criminal law than the Horizontal Gaze Nystagmus test. When an officer tells you to “follow my pen with your eyes,” he sets you up for conviction.
First, police officers are taught very little about nystagmus. Most have no knowledge of the dozens of conditions (besides the ingestion of alcohol) that cause it. Many HGN tests are not scored or performed correctly.
The worst aspect of the HGN is that the test does not appear on video. When the officer testifies in court, he always states that you “failed” the HGN. The video will not show your eyes or your performance on this test. Never take an HGN test. HGN is garbage science rarely performed correctly, yet it is almost always admitted against defendants.
If you have taken an HGN test, I can help. I have seen enough HGN to know when the test is not performed correctly, when it is invalid, or when you are not a candidate for HGN testing.
Walk and Turn
Can you walk in a line, turn, and walk back? Sounds easy. It’s not. If you pass, the prosecutor is taught to say that “adrenaline” helped you. If you fail, it is because you are drunk. The Walk and Turn has never been peer-reviewed and is not reliable.
One Leg Stand
Don’t put your foot down, or you’ll go to jail! This test has never been peer-reviewed or shown to be reliable. The police will never tell you how you will be graded on the OLS, yet they still hold these secret “clues” against you.
What if I took these “tests”?
Even if you choose to perform these tests, there is still hope. Officers regularly give the wrong instructions under the wrong conditions and then draw the wrong conclusions.
Houston DWI Lawyer Costs
Some attorneys charge you a fee to review the police report, get a copy of your file from the district attorney, and appear for your first hearing. You are done if the charges are dropped at that stage, and there will be no further hearings. If there are additional hearings, you will be charged for each. Some attorneys will charge you a fee and handle your case to trial, not the trial itself. They hope they will dismiss the case before you go to trial. Some DUI lawyers will also charge you a fee that includes going to trial. Finally, some DUI lawyers simply charge by the hour.
In addition to these charges, you may be charged fees for each day of trial, ranging from $500 to several thousand dollars per day.
Some DUI lawyers also require an advance fee called a retainer. Ask the attorney what this covers. Occasionally, the retainer is a flat fee that covers the DUI lawyer’s services regardless of the amount of time spent working for you. However, the DUI lawyer may be required to return some or the entire retainer if it would be unreasonable under the circumstances for the attorney to keep it.
Most jurisdictions require that attorneys give you a written fee agreement before they render any services. This requirement is often triggered if the fee charged for the matter exceeds a certain limit. If your DUI matter is complicated, you can expect your attorney to provide such a fee agreement and ask you to sign it. A fee agreement describes the various aspects of your relationship with him.
You will also pay experts to testify on scientific issues that benefit your case. Other trial costs may include fees for creating the exhibits, the investigators, and other fees.
Your attorney will likely expect you to enter into some kind of program, such as AA, to help you with your alcohol problem if you have one. Good DWI lawyers like to do that to show the court you have changed your ways and ask the court for leniency. A conscientious DUI lawyer will be prompt for court, any appointments, and all their dealings with you.
Reputable DUI lawyers also allow you to contact them during off hours. They want you to be honest with them, as you should be. You should be honest with your DUI attorney, which is vital to your case. Remember, whatever you tell your DWI lawyer is confidential and legally protected under attorney/client privilege. You can count on that. It is the law everywhere.