DUI/DWI

Important 15-day Deadline: If you have been arrested in Texas for DWI or an intoxication offense, you generally have the right to request an administrative hearing to contest the suspension of your driver’s license. You or your lawyer definitely should request a hearing. In most cases, the deadline to request a hearing is the 15th day after your DWI arrest. Click here for details

Driving while Intoxicated (DWI) is a more serious charge than people often suspect. A DWI conviction may cause you to lose your driver's license and spend time in jail. Repeated DWI convictions may result in a prison sentence.

At the Law Office of Grant M. Scheiner, P.C., we take pride in our successful defense of DWI and related cases.

Attorney Grant Scheiner has extensive trial experience in DWI cases. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Mr. Scheiner is also a trained practitioner and instructor of standardized field sobriety testing by the National Highway and Traffic Safety Administration and the International Association of Chiefs of Police. He has published and lectured to fellow attorneys on effective strategies for DWI defense. Mr. Scheiner’s recent article, "Attacking the DWI Video," was the featured cover story for the state-wide, Texas Criminal Defense Lawyer’s publication, "Voice for the Defense."

In our firm's opinion, the most common mistake that a person accused of DWI can make is to assume that the case cannot be won. An experienced lawyer can raise defenses and win your case any number of ways. These defenses range from suppressing police evidence gathered in violation of your rights, to questioning the accuracy of breath tests or field sobriety tests, to challenging the conduct of the police officer(s) who arrested you. (For specific examples, click Cases & Verdicts and scroll down to "Driving while Intoxicated.")

At the Law Office of Grant M. Scheiner, P.C., we believe that experience and a vigorous defense can often mean the difference between winning or losing your DWI case. Feel free to Contact Us and arrange an office visit. We will meet with you personally and offer an honest assessment of your case.

Find out why our clients trust us exclusively to protect their rights in court.

Disclaimer: The following information is not, nor is it intended to be, legal advice. These are merely suggestions that we have offered our past clients, who were curious about what to do if stopped for suspicion of DWI. You should consult an attorney for individual advice regarding your own situation.

1. Avoid drinking and driving.
   But if you are stopped by the police ...
2. Don’t get out of the car unless you are asked to do so;
3. Be firm (but polite) in standing up for the following rights;
4. Don’t answer any questions or participate in a police "interview" while in custody, until you have first consulted with an attorney;
5. Don’t agree to any "field sobriety test" if:
   
   you are under the influence of alcohol or any other substance;
   
   suffer from poor balance -- whether due to clumsiness, illness, injury, or any physical defect effecting coordination or the lower body;
   
   you might have difficulty standing on one leg for 30 seconds (without using your arms for balance); walking a straight line, heel-to-toe (without using your arms for balance); or standing perfectly still (in an awkward, heel-to-toe position), while a police officer gives you detailed instructions about how to perform your field sobriety tests;
   
6. NEVER agree to any test in which an officer asks you to follow a pen (or pen light, or the officer’s finger tip) with your eyes, while keeping your head still;**
7. Even if you disregard these suggestions and decide to "cooperate with the police," at least make sure that you are being audio and video taped at all times;
8. Don’t take a breath test, if you have had anything more than a single drink.

Caution: Refusing to take a chemical test will almost certainly result in the suspension of your driver’s license for at least 180 days. However, our concerns about the potential inaccuracy of breath tests, plus the added difficulty of defending DWI cases involving breath tests, make it impossible for us to recommend that our clients voluntarily submit to breath testing. We prefer that our clients refuse a breath test, if the client has had anything more than a single alcoholic beverage.

* When an officer gives you a "horizontal gaze nystagmus" test, he is not testing your ability to follow his pen while keeping your head still. The officer is looking for an involuntary "jerking" of the eyeballs, which some believe is associated with alcohol or controlled substances. The problem with this test, however, is that many officers simply lack the knowledge, training, or experience to administer the test properly. A common result is that while the client believes that he or she has passed the test with flying colors, the police report often states that the client has failed miserably.