Arrested for
Drunk Driving?
DWI / DUI
281-332-5600
DWI Law Links
and Related Organizations
Choosing the
Right Lawyer
Texas DWI laws
are both political
and complex.
Know Your Rights!
Ten Mistakes
How to avoid 10 of the biggest mistakes most people make after being arrested for
Drunk Driving.
DWI / DUI
Police Mistakes
Mistakes the police make . . . and how they can help you.
What Happens Next After A DWI Arrest?
There are usually both Motor Vehicle & Court
Proceedings required when a DWI or Drunk Driving citation has been issued.
DWI Facts
A Summary of Texas Administrative License Suspension Laws DWI and "Administrative License Revocation"
in the State of Texas
Fighting Your
Texas DWI
Still Undecided
about fighting
for your Texas
drivers license?
Please Read This
Christian Samuelson
Attorney At Law
955 Gemini Avenue
Houston, Texas 77058
(281) 332-5600 Office |
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Texas
DWI Law DWI Defense Trial Attorney
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Facts
& Questions Regarding DWI Law in The State of Texas
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Why is the Texas DWI law so
vigorously enforced?
There are tremendous societal pressures to make DWI
arrests in the State of Texas. MADD puts a great deal of
pressure on the County Attorney and Police Departments
to get “tough” on people that drink and drive.
When should I hire a
criminal defense attorney experienced in DWI?
Immediately. Texas law requires that a request for a
hearing to keep your license must be made within 15 days
from the date of your DWI arrest.
If you fail to hire an attorney, and a hearing is
not requested, you waive the opportunity to fight the
license suspension. In short, the sooner you act the
better chance I will have in providing the best criminal
DWI defense you need.
I was arrested for DWI in
Texas. Is my license automatically suspended?
No. However, if you refused to provide a
sample of your breath or blood,
or if you provided a sample and they say it had an
alcohol concentration of .08 or greater, and a hearing
is not requested to fight the DWI suspension, it will be
suspended.
Is there any benefit in
requesting an Administrative License Revocation (ALR)
Hearing?
Absolutely. We have been able to keep a large number of
our clients here in Texas from
ever having their license suspended. Also, it is the
first and probably only opportunity that we will have to
speak to the officer and get “his story” before the
prosecutors have a chance to coach the officer.
If my license is suspended
for a DWI, can I get a license to drive to work?
In almost every case, yes. Depending on your criminal
and driving record, we can almost always get you an
Occupational Driver’s License that will allow you to
drive to and from work. It will also allow you to drive
between locations, if your job requires you to travel as
part of your duties.
I got a Texas DWI and I
have never been in trouble before. Am I going to jail?
Probably not. All cases are different, and I will have
to look at your specific facts, but in most cases, I can
successfully fight to keep you out of jail.
What part of your practice
is devoted to defending Texas DWI cases?
Nearly every one of my cases is a DWI case. Texas DWI
laws and techniques in defending DWI are constantly
changing. What worked yesterday may not be the best
approach today. It is important to find a lawyer who
stays on top of the current Texas DWI laws, trends, and
what occurs in Courts everyday. Also, I concentrate my
Continuing Legal Education on DWI specific seminars,
rather than general criminal law issues.
Are you skilled in the
proper administration of Standardized Field Sobriety
Tests?
Yes. As an experienced Texas DWI
Attorney I have completed training for the National
Highway Traffic Safety Administration (NHTSA)
standardized field sobriety tests. This will allow me to
better evaluate how you did on the tests, and more
importantly, evaluate how the police officer
administered them. This is important because most DWI
prosecutions involve results of "field sobriety tests,"
some of which have been the subject of scientific
studies conducted by the NHTSA.
Are you familiar with the
breath test machine, the Intoxilyzer 5000, used in
Texas?
To a true DWI defense attorney, a failed breath test in
no way means you are guilty. I understand how the breath
test machine works, what can cause you to submit an
erroneously high reading, the philosophy behind breath
testing, and how alcohol is absorbed and eliminated from
the body. This is often the difference between a guilty
and Not Guilty verdict. If you are serious about being
found Not Guilty, it is a must that your lawyer be very
knowledgeable about alcohol and the human body and its
affect on breath testing.
Can you get my DWI case
dismissed?
It would be unethical for me to promise that I will get
your DWI case dismissed. That being said, my goal will
be to get your case dismissed, keep your record clean,
and prevent you from losing your freedom, dignity, and
license to drive.
What happens after a DWI
arrest in Texas?
Administrative License Revocation:
To preserve your right to
drive in Texas, you must request a hearing within 15
days of when you were served with a Notice of Suspension
(usually the date of arrest). If you timely requested a
hearing to contest your license suspension, you will be
able to continue driving until the hearing. If you lose
at the hearing, you can not drive after the hearing. It
is our opinion you should requests the officer's
presence at the hearing. Crucial defenses can be
developed at the hearing. If your license is suspended
at the hearing, you may be able to secure an
occupational license to drive.
1st Appearance:
If you have been arrested and released for a misdemeanor
DWI, you will be given a date to return to court
(usually 30 days after your arrest). If you hire an
attorney, the attorney can usually make this appearance
for you, so that you do not have to attend. During this
30 day period, the case is sent to the County Attorney's
office for further investigation. The County Attorney
then prepares an information and files this with the
County Clerk, and your case is set on the court's
docket.
Pre-trial Conference:
Your attorney will discuss your case with the County
Attorney to discuss the best possible resolution of your
case. This conference will happen about 8-10 weeks after
your 1st Appearance date.
Suppression Hearing:
The Court may suppress some or all of the evidence
against you if your constitutional rights have been
violated. Your attorney will file motions to suppress.
It occurs anywhere from 6 weeks to 3 months after the
pre-trial conference.
Trial:
You may either request a bench trial wherein the court
hears the case or a jury trial wherein a jury of your
peers hears the case. If the case is a misdemeanor, the
trial will be to a jury of six. If the case is a felony,
the jury will be to a jury of twelve.
Sentencing:
The Court imposes a sentence after a conviction at trial
or after a plea bargain is accepted and a plea entered.
Sentences may include jail time, numerous fees, fines,
community service, alcohol classes and fines.
Information you NEED to know about a DWI or DUI
in Texas
Texas
DWI / DUI |
CHRISTIAN
C. SAMUELSON
Texas
DWI Criminal
Defense Attorney
(281) 332 - 5600
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| Christian
Samuelson criminal defense trial attorney in Houston, Texas
practices law in Drunk Driving (DWI) and Driving Under The
Influence (DUI) in the state of Texas. Covering counties
Harris, Galveston, Montgomery, Fort Bend, Liberty, Chambers, Brazoria, Washington, Jefferson. The cities we primarily service are: Houston, Galveston, Clear Lake, Texas City, Santa Fe, Alvin, Angleton, Freeport, Lamarque, Kemah, Seabrook, Clear Lake Shores, Bacliff, League City, Friendswood, Pearland, Manvell, Sugarland, Richmond, Conroe, Spring, Anahuac, Dayton, Liberty, Spring Branch, Laporte, Pasadena, West University Place, Katy, Bellaire, Beaumont, Bryan, College Station, Navasota.. |
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