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Grant M. Scheiner - Houston Criminal Defense Lawyer

A Quick Guide to Texas DWI Laws and Penalties

DWI laws across the United States are getting more complex and detailed every year, especially when it comes to dealing with first time offenses – and Texas is no exception.

While the nuances of Texas DWI laws are complex, we wanted to offer a general overview of the main laws and the major categories of DWI offenses and penalties you are likely to encounter in 2017.

“Intoxicated” as Defined by Texas Law

Driving “under the influence” or “while intoxicated” has different legal definitions in each state, but in Texas, the term “intoxicated” is defined as:

  • Not having the normal use of your mental and physical faculties due to the consumption of drugs or alcohol; and/or
  • Having a BAC (blood alcohol concentration) of .08 or more (for adult, non-commercial drivers)

If a police officer suspects a driver is intoxicated, they have to establish probable cause and provide evidence that the driver is indeed intoxicated. This usually involves observation of the driver, including their behavior, appearance, and speech, and may also incorporate field sobriety tests. These tests – including blood and breath tests – can be refused. However, because of the “implied consent” law, which states that by driving on the roads you automatically consent to sobriety tests, if you do refuse these tests, your license will be immediately suspended.

Another factor to consider is that when a driver is arrested for a DWI offense, two cases are filed against them: a civil case and a criminal case. The civil case, filed by the Department of Public Safety, involves the suspension of the driver’s license. The criminal case, however, is far more severe, and has escalating levels of punishment. It also carries heavy fines and the possibility of jail time.

3 Main Categories of DWI Offenses

  • DWI first offense: If you have never been convicted of a DWI offense, then this is the most common and basic type of DWI offense you are likely to face. First offenses are Class “B” misdemeanors and are subject to a fine of up to $2,000 with the possibility of 3 to 180 days of county jail time. Your license will also be suspended, and depending on whether you refuse or fail a blood or breath test, the period of suspension can be anywhere from 90 days to 1 year. If you have been charged with your first offense DWI in Texas then read our guide here.
  • DWI second offense: If you get hit with a second DWI offense, it instantly gets escalated to a Class “A” misdemeanor. Second-time offenses carry a fine of up to $4,000, 30 days to 1 year of county jail time, and your license can be suspended from anywhere from 180 days to two years. Also, depending on what county you live in, a judge may insist that an ignition interlock device (essentially a breathalyzer for your car, which prevents a vehicle from starting if the driver is intoxicated) be installed in your vehicle as a condition of probation or pretrial release.
  • DWI third offense: By the time you have racked up three offenses, you’ve also made the move from misdemeanor to third-degree felony, which means a possible 2 to 10 years in state prison, a $10,000 fine, and having your license suspended for a period of 180 days to 2 years. For third DWI offenses, by law, all judges will require an ignition interlock be fitted to your vehicle as a condition of probation or pretrial release.

Even though these 3 main categories seem pretty straightforward, it is important to note that they can become a lot more complicated, and the consequences far more severe depending on specific factors.

For instance, if you have an open alcohol container when you are stopped by police officers; if you have a minor in the car; if your BAC is extremely high; or if you were speeding excessively when you were pulled over, you may be subject to more fines. These cases are generally referred to as “aggravated DWIs.” These “aggravated” offenses can escalate your charge to a Class “A” misdemeanor or even a felony.

Aggravated DWI Offenses

  • DWI with an open container of alcohol in your vehicle: Assuming it is your first offense, if you get stopped and you have an open alcohol container in your vehicle, you will be fined $2,000 (like a DWI first offense). This escalation is also a Class “B” misdemeanor.
  • DWI .15 and above – If you submit to a blood or breath test and the results come back with a blood alcohol concentration of .15 or over, your charge could be escalated to a Class “A” misdemeanor. As mentioned above, the fine for this charge is $4,000, and carries with it the possibility of up to 1 year in county jail. Under Texas law, if you are convicted of this category of DWI, you may even have to submit to having an ignition interlock device installed in your vehicle.
  • DWI with a passenger under the age of 15 – If you happen to be stopped and found to be intoxicated with a minor in your car (even if it is your own child), your first offense DWI immediately escalates to a felony. This charge carries a hefty $10,000 fine with a possible 180 days to 2 years in a state prison.
  • Intoxication assault – If you seriously injure another person while intoxicated, the charge is classed as a third-degree felony, which carries a penalty of between 2 and 10 years in state jail and a fine of up to $10,000. Most Texas judges will insist on an an ignition interlock device installed in your vehicle for this offense.
  • Intoxication manslaughter – Taking someone’s life while driving drunk is a second-degree felony, punishable by 2 to 20 years in a state prison and/or a fine of $10,000. Most Texas judges will also insist on an an ignition interlock device installed in your vehicle for this type of offense.

Again, while these escalations seem relatively simple, there is no way to know how they will apply to your particular case. Your best defense strategy will always develop out of the unique circumstances surrounding your case, and will likely involve a complex combination of factors, including the conduct of the arresting officer.

When it comes to tackling DWI cases, your best chance of a fair hearing is to hire an attorney well-versed in the subtitles of DWI law to advise you on the best course of action for you. To discuss your case with one of our DWI specialist attorneys, contact Scheiner Law Group, P.C. today.

If you would like more information on how to choose your DWI attorney then read our guide here.

Charged with a First Offense DWI in Texas? What You Need to Know

The state of Texas takes DWI offenses extremely seriously, and the financial penalties are severe, even for first time offenders. DWIs are the most commonly committed crimes in the United States, but most of the time they are committed by average ‘non-criminal’ citizens. But make no mistake, if you are charged with a DWI, even if it is your first offense, you will be treated and prosecuted like a criminal.

This is why you need to arm yourself with the facts and be absolutely clear about what you’re up against.

Charges and Penalties for 1st Offense DWI in Texas

First offense DWIs are deemed to be Class “B” misdemeanors by the state of Texas. This means that if you are convicted, you will most likely be looking at a fine of up to $2,000, as well as up to 180 days in county jail.

However, it is crucial to understand that this is the minimum charge that can be leveled against you. DWI law is incredibly nuanced and can get complicated quickly, so it is essential you understand the details of your particular case.

For instance, what can complicate your situation with a first offense DWI – and escalate the penalties, fees and jail time – is if you happen to be involved in any of the following:

  • DWI .15 and above – If you submit to a blood or breath test and the results come back with a blood alcohol concentration (BAC) of .15 or over, your charge could be escalated to a Class “A” misdemeanor. The fine for this charge is up to $4,000, and carries with it the possibility of up to 1 year in county jail. Under Texas law, if you are convicted of this category of DWI, you may even have to submit to having an Ignition Interlock Device (essentially a breathalyzer for your car, which prevents a vehicle from starting if the driver is intoxicated) installed in your vehicle.
  • DWI with a passenger under the age of 15 – If you happen to be stopped and found to be intoxicated with a minor in your car (even if it is your own child), your first offense DWI immediately escalates to a felony. This charge carries a fine of up to $10,000, with a possible 180 days to 2 years in a state jail.
  • Intoxication assault – If you seriously injure another person while intoxicated, the charge is classed as a third-degree felony, which carries a penalty of between 2 and 10 years in state jails and a fine of up to $10,000.
  • Intoxication manslaughter – If someone dies as a result of an intoxicated driver, it is a second-degree felony, punishable by 2 to 20 years in a state prison and/or a fine of not more than $10,000.

What to Expect from Sentencing for at 1st Offense DWI

If you do end up being convicted for a 1st offense DWI in Texas, unless you are granted probation, you are probably looking at the mandatory three days in county jail. The other possibility is community supervision, which usually means you will sentenced to some form of community service.

Depending on the judge’s ruling, you may be required to submit to further conditions, such as attending a state-approved rehab facility (if you are deemed to have a problem with alcohol, you may have to go through a full rehab program). You may also have to attend DWI “school,” a 12-hour course you must take within 180 days of receiving probation. If you fail to attend the course, it will result in your license being revoked until you complete the course.

Probably the worst thing about being convicted of a first offense DWI in Texas are the civil consequences. If you are convicted, your driver’s license could be suspended. Your license can also be suspended without you being convicted – up to 180 days if you refuse to take either a blood or breath test, or for up to 90 days if the results of your test are above .08. This is because of the “implied consent” laws in Texas, which state that by driving on the roads you automatically consent to sobriety tests. If you refuse the tests, your license is automatically suspended.

Administrative License Revocation (ALR) will begin 40 days after you have received a “Notice of Suspension,” and once you do, you have 15 days to request a hearing. You will also have to pay a reinstatement fee of $125 to get your license renewed or reissued.

Finally, there is the DWI surcharge from the Texas Department of Transportation. If you are convicted of a DWI-1st offense you will have to pay an annual fee of $1,000 for a period of three years.

Getting Help with Your DWI 1st Offense Case

From the above, it should be clear that being convicted with a DWI 1st offense is not a fun time. The effects on your personal and professional life can be devastating: it can impact your reputation in your community and can put you under serious financial pressure.

However, despite the harsh consequences of being charged with a DWI 1st offense, don’t assume all hope is lost. Police officers have to establish probable cause and provide evidence of an actual DWI offense in order to make an arrest. They are also bound by law to follow proper procedures when administering field sobriety tests. 

If you retain competent legal counsel – and when facing DWI charges we recommend you should – you give yourself a fighting chance to have your charges reduced, at the very least, if not dismissed completely. DWI law is extremely nuanced, and your case is unique, which means there is no reason to think that you can’t win simply because the evidence seems to be stacked against you. If you do decide to hire legal counsel, you should try and retain the services of an attorney who specializes in DWI law.

At Scheiner Law Group, P.C., we have a wealth of experience handling DWI cases successfully and have even had instances where our clients won cases when their blood or breath tests were over the legal limit. Every citizen has the right to defend themselves by all legal means to keep their record clean and their reputation intact, so believe us when we say you case is worth fighting.

To discuss the details of your case with a professional Houston DWI lawyer, contact Scheiner Law Group, P.C. today via this form or phone at (713) 783-8998. If you are unsure of how to choose your DWI attorney in Houston, be sure to read our comprehensive guide.

How to Choose a DWI Attorney in Houston, Texas: 3 Steps to Getting the Defense You Deserve

Being charged with a DWI offense in Texas can be a severely traumatic experience. The financial penalties are harsh, the prospect of jail time is very real, and your reputation can be compromised with potential employers, insurance companies, and within the wider community.

Choosing the right attorney to represent you is a critical decision, and one which could affect you for the rest of your life. To help you make the right choice, here are three tips on how to choose a DWI/DUI attorney in Texas who has the skills, knowledge, and experience to protect you.

1. Assess Your Options

Even though being charged with a DWI offense can be extremely stressful, you shouldn’t allow the pressure to force you into making hasty decisions when choosing an attorney. Once you have received your  “Notice of Suspension” from the Administrative License Revocation (ALR) Program, you have 15 days to request your driver’s license. This gives you at least a couple of weeks to talk to a number of attorneys and compare their advice to make sure you get the best legal strategy for your particular case. So take your time, ask for referrals, and make a list of attorneys you can talk to.

2. Don’t Believe the Hype

There are plenty of attorneys around (especially online) who claim to be DWI/DUI law specialists, but aren’t. Just because an attorney or law firm makes bold promises in their advertising doesn’t mean they actually have the skills to defend you effectively. In fact, many attorneys who bill themselves as DWI lawyers make their living off of getting lots of cases processed through the system, often at the expense of your best interests.

A true specialist is more concerned with the quality of your defense than the quantity of clients they can push through the system. DWI/DUI law specialists will have their own processes for dealing with cases, often conducting their own investigation into your case. Your attorney should be able to explain the steps they need to go through to build the best defense for your particular case. And if a DWI/DUI attorney suggests a strategy without first conducting a thorough investigation of your case, you can be pretty certain you are dealing with someone who is more interested in their own bottom line rather than building the best defense for you.

The ideal experience for a lawyer dealing with DWI/DUI defense cases is someone who handles them on a regular basis. DWI/DUI law is complex and the laws are changing and evolving all the time. Even seemingly straightforward cases can overwhelm an attorney who doesn’t keep up to date with the details. To make sure have the best opportunity to protect yourself properly, you need to engage a specialist to handle your case. Ask the attorney for specifics related to how many cases they have handled in the past year, and what their success rate is for defending their clients. Another important question is to ask whether or not they are Board Certified by the Texas Board of Legal Specialization.

3. Ask the Right Questions

It’s your life, liberty, and your livelihood at stake, so don’t be shy about asking tough questions to get the details you need to make an informed decision. Here are six questions you should ask before you hire any DWI attorney:

  1. What is your experience in handling DWI/DUI law in Texas?

When it comes to handling DWI/DUI cases, experience is key. While there are many talented attorneys in Texas, not all of them deal with DWI/DUI cases regularly. You really want an attorney who is dealing with cases on at least a monthly basis.

  1. Will you conduct your own investigations into my case?

As we mentioned, this is a critical question for determining whether or not the attorney you are talking to is a DWI/DUI specialist. If they don’t mention their investigative procedures and processes, or they give you a general answer, you can be pretty sure they don’t have what it takes to build the best defense for you.

  1. What do you see as potential difficulties in my particular case?

Try to be as transparent as possible with the attorney you are interviewing, and make sure to bring all DWI/DUI related documents with you to the first meeting. As we mentioned above, DWI/DUI laws in Texas are complex, and very often it is the minor details that can make the difference between winning and losing your case.

  1. Who will handle my case?

Modern law practices are typically busy, and very often the attorney you speak to about your case may not be the one who ultimately handles it. If is it clear that the attorney you speak to initially will not be handling your case, find out if the attorney who will be in court with you has the necessary expertise and experience to defend you successfully. You also want to make sure you are treated like an individual instead of just another case number.

  1. Have you ever had disciplinary measures take against you or members of your firm?

This question might seem forward, but the last thing you want is to find out in the middle of your case that your attorney has a tarnished reputation in the Texas legal community. Your own reputation, and possibly even your livelihood, is on the line, so it’s in your best interest to ask the right questions so you know your case is in safe hands and will be dealt with by competent professionals.

6. What are the legal costs for handling a case like mine?

The nature and severity of your case will dictate how much of your attorney’s time and skill is required to develop an effective defense, which will in turn determine your legal fees. This is why it is crucial you get a good understanding of your particular case from a legal perspective. Make sure you also ask about how the law firm charges – whether per hour or flat fee – and if they offer a payment plan or not. Have clear expectations about fees before you enter into a relationship with an attorney.

Choosing a good DWI attorney can be confusing, and hopefully these three tips have helped understand the kind of information you need to get before making a final decision.

For more information or to discuss your case with an experienced professional with a proven track record, feel free to contact us to arrange a meeting with a specialist Houston DWI lawyer. We will meet with you personally and offer an honest assessment of your case.

The Sandra Bland Traffic Stop and What You Should Know About Your Rights During A Traffic Stop

In Texas Public Radio’s story, “10 Things About The Sandra Bland Traffic Stop that Every Texan Should Know,” Rhonda Fanning provides some useful information for Texas motorists. But some of the statements in the article are inaccurate and some are just plain confusing. For example, it is inaccurate to say that an officer has “no right” to instruct someone to get out of his/her car during a traffic stop, or that an officer has to express some valid reason. The officer here apparently didn’t have lawful justification for removing the motorist from her vehicle and prolonging the stop. The motorist was correct to point that out, but she didn’t have a right to physically resist. The article is confusing in that it doesn’t clearly differentiate between things a police officer is legally obligated to do — like have probable cause to initiate an arrest – versus things that an officer should do, in accordance with his training.

Here’s an even shorter list of rights and practical advice in a traffic stop or police encounter:

  1. You don’t have to answer any questions, except to state your correct name and address & produce necessary documents (like DL and insurance);
  1. You do have the right to ask questions (like, “am I free to leave?” and, “why are you arresting me?”), but … the cop doesn’t have to answer;
  1. You have the right (and you should exercise it!) to tell the officer whenever you disagree with a request (such as asking for permission to search your vehicle or to have you step outside your vehicle). But … you should never argue or fight with a police officer. After you’ve politely let the cop know you disagree, go ahead and comply with his request.

It’s important to remember that you are probably being video recorded, so always be polite and do not use foul or abusive language when dealing with a police officer. If your traffic stop or police encounter results in a ticket or arrest and you believe your rights were violated, get a good lawyer and go kick the cop’s butt in court.

All of this may be little comfort to a person who gets illegally stopped or detained, mistreated and falsely arrested. Many people go to jail and spend days, weeks or longer in lock-up, because they are too poor to post bond. Some lose their jobs because of unlawful arrests. And about that good lawyer who will kick the cop’s butt in court? Not everyone gets one of those.

Houston Attorney Grant Scheiner tells CW39 NewsFix viewers, “There’s no such thing as ‘No Refusal.'”

Be smart and know your rights when stopped for ??DWI? or ??DUI?.

Guide to Contesting a DWI Charge

A DWI (Driving While Intoxicated) charge is typically considered a misdemeanor on the first offense in Texas; however, the consequences of a conviction can be far more serious than other misdemeanor charges. A DWI conviction could mean jail time, fines, administrative fees, and a possible suspended license.

To help you avoid these harsh penalties, this guide to contesting a DWI charge aims to help you prepare yourself should you be charged. It may not come as a surprise, but we strongly recommend seeking the consultation of an attorney who specializes in DWI defense cases to help improve your chances to successfully fight a DWI charge. However if you choose to proceed, here are some important guidelines to keep in mind:

  1. Record as many details of the incident as possible – Write down anything you remember about getting pulled over for an alleged DWI, including what you and the officers said, what tests they asked you to perform and how they were conducted both on their part and yours, and any other specifics you recall.
  2. Learn about the validity of field sobriety tests ­– Many of the procedures that police offers use during a field sobriety test to make a DWI charge are not always accurate and can sometimes be successfully challenged in court. If you were asked to perform any, research about the validity of each of them.
  3. Consider any extenuating circumstances that may influence sobriety tests  People with injuries, certain medical conditions, are past a certain age, or more than 50 lbs. overweight can fail certain tests, such as the walk-and-turn, even if they haven’t consumed any alcohol.
  4. Field Sobriety tests improperly administered ­­ According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid as evidence of intoxication.
  5. Consider the validity of nonstandardized field sobriety tests – Some of the most common tests–including saying the alphabet, counting backwards and touching your nose with your finger­–can be considered invalid as evidence and can lead to a dismissal of charges.
  6. Breath tests are not always accurate  Many alcohol breath tests can have widely inaccurate results and a margin of error large enough to help contest a DWI charge. The breath test may not have been properly administered as well, in which case the evidence would be deemed inadmissible.
  7. Lack of probable cause to arrest  A police officer must have specific facts to support any arrest for DWI, or the suspension will be reversed and the evidence suppressed at trial.

This guide to contesting a DWI should serve as an initial overview for you to consider if you are charged. As mentioned before, having a criminal defense lawyer who specializes in DWI cases review the specifics of your arrest can help you sort through all of the possible reasons for contesting a charge.

To learn more about contesting a DWI charge, contact Scheiner Law Group today.

How to Get a Provisional License after a DWI Conviction

Receiving a DWI (Driving While Intoxicated) conviction can make your life very difficult for a variety of reasons. Beyond the potential fines and possible jail time depending on your case, the loss of your license can also severely impact you daily life, especially if you rely upon your car to get to work. Fortunately you may not be at a total loss if you act quickly and wisely. In this article we’ll explain how to get a provisional license, also known as an occupational license, after a DWI conviction.

According to the Texas Transportation Code your license will be suspended if you refuse to take a blood-alcohol test, fail one, or get convicted of a DWI. If you are convicted of a DWI your license will be automatically suspended from 90 days to one year for a first offense, and for six months to two years for subsequent offenses.

You have the right to file for a provisional/occupational license if you have not already received one in the past 10 years. This temporary restricted license will enable you to travel back and forth to work, school or to carry out critical household tasks.

To get a provisional license, you must explain your essential need in a detailed petition and file it with the court clerk. The judge will then hold a special hearing to determine whether to issue an order granting you the restricted license. The judge will take your driving history in to account, and determine the exact parameters of when and under what circumstances you can drive. You will also be required to show proof of insurance during the process.

Getting Approval for a Provisional License

The judge’s order granting you a restricted license must specify certain information, including:

  • Hours and days of the week when you can drive.
  • Permitted purposes for which you can drive.
  • Areas or routes that you are permitted to drive.

Typically you won’t be able to drive more than four hours of the day unless the judge specifies otherwise. The provisional license will take effect immediately, unless you have a previous DWI offense within the last five-years, in which case you may have to wait 6 months to a year.

Requirements of the Provisional License

The judge will impose certain restrictions and requirements upon you when granting an order for a provisional license, including:

  • Carrying a certified copy of the order whenever you are driving.
  • Get alcohol dependence counseling from a state-approved facility. This counseling is considered separate from any mandatory DWI program you may be required to take for your probation.
  • Using an ignition interlock device to keep your vehicle from starting if you have been drinking. The judge has the option to make this a condition for your first offense, but it is required for a second and subsequent offenses.

Failing to adhere to any of these requirements is considered a Class B misdemeanor and is punishable by up to 60 days in jail, and will likely result in the suspension of the provisional license.

To learn more about a provisional license or to find the answers to any other questions regarding a DWI or other legal matter, contact us today.

Why Trial By Jury May Be a Better Choice Than a Judge

When involved in a legal case, many people wonder if they’re better off trying their case before a jury or a judge. And while there are always exceptions for particular cases, generally speaking as a defendant a trial by jury is usually a better choice than a judge (also known as a bench trial), one that is particularly preferred in Texas despite some declining numbers. The decision can be a complicated one, and certainly one to discuss at length with your legal representation. But to help you sort through the decision more for yourself, here are some things to keep in mind.

If you plan to go before a jury, keep these factors in mind:

  • When defendants elect a jury trial, the state often sends a more experienced prosecutor against you than if you were in front of a judge.
  • When dealing with a jury of 6 to 12 people, they are all drivers and may be impatient with someone with a DUI or a reckless driving defendant.
  • Jury trials tend to last longer than non-jury trials, thus raising legal costs.
  • Judges tend to be stricter on legal technicalities and procedures during a jury trial than a non-jury trial.

Alternatively, there are many good reasons to choose a jury trial:

  • Jurors may open to hearing your case if they themselves have felt victimized by the traffic court system. If your case is particularly convincing and appeals on an emotional level, you’re typically in better standing with a jury.
  • If you’re facing especially serious consequences from a guilty verdict such as losing your license or jail time, you are usually better to appeal to a jury of your peers who may be more sympathetic than a judge to your plight.
  • Given how time-consuming jury trials can be for all involved, the system has some incentive to settle your case without going to trial though a deal that may be more beneficial to you.
  • With a jury trial you (or your lawyer) only have to convince one person in the group that you are not guilty for you to win a case. Meanwhile a judge tends to be a tougher crowd, as they themselves have often been prosecutors in the past.

Again, each case is different, so it’s important to speak with your attorney to determine if trial by jury is the better choice for you than a judge. Obviously, there are no guarantees with either choice as any lawyer will tell you, but it’s important to know your options before making a choice.

To learn more about jury trials compared to trials with a judge, contact one of our legal experts at Scheiner Law Group today.

Immediate Actions to Take After a DWI Charge

The moments after receiving a DWI charge can be confusing, upsetting and stressful, especially if it’s your first experience. But despite this difficult moment, there are immediate actions to take after a DWI charge than can drastically improve the outcome of the incident.

While many people resign themselves to believing that there is nothing they can do to fight the charge, but now is not the time to despair. Regardless of the circumstances of and possibly even a dismissal of charges, the moments following your arrest are a crucial time to take action to defend your well-being and do everything you can to protect against the potentially devastating impact of a DWI conviction.

Once you have followed our recommendations on what to do if you are stopped for DWI in Texas and followed our advice for refusing DWI tests, here are the steps to take following your charge:

    1. Write down absolutely everything – As overwhelming as a DWI charge can be it is vitally important that you write down (or record on your smart phone) everything you can about the incident. It’s often said that DWI cases are won or lost in the details, even the most seemingly trivial details can make a huge difference in the outcome of your case. You’d be surprised at what will slip your mind after just a few days or weeks, so write down as much as you can about the following:
      • When and where were you when the arrest took place?
      • What questions did the officer ask you?
      • What were your responses to the officer?
      • Was a breath test administered and if so how was it conducted?
      • What did the breath test device look like?
      • Were field sobriety tests administered?
      • How were the tests conducted and what were the outcomes?

It’s critically important to draft a complete version of what happened and share it only with your    lawyer.

      1. Gather witnesses – In Texas, the prosecution may have witnesses to develop their case against you, so it’s important that you do the same. If anyone was in your car, with you prior to the arrest, witnessed the event, or can provide character testimonies, ask them if they would be willing to help. Ask them to write down as many details about the arrest that they can remember as soon as possible.
      1. Contact an attorney – DWI cases are difficult for the defendant, but they are not impossible to win. You will need an experienced Houston DWI lawyer who is sympathetic to your situation, has a track record of success, and can build a case for you that will stand up in court.
      1. Try not to stress out – As difficult as facing a DWI charge can be, it’s important to avoid panicking or making rash, ill-advised decisions. Let your attorney develop a detailed plan and follow his or her lead. Trust that your lawyer knows the best procedures and tactics to follow to achieve the best results for your case.
      2. Learn from your situation – Regardless of what happened or whether or not you were rightly or wrongly charged, it’s important to learn from your experience. One DWI conviction can have significant consequences, but receiving a second or third can have major consequences.

Have you been charged with a DWI in Texas? Reach out to Scheiner Law Group today to learn more about what steps you should take next.

Why You Will Need a Lawyer for Your DWI Case in Houston

The state of Texas has very strict laws regarding driving while intoxicated, and if you’re convicted of a DWI you can face serious and far-reaching consequences, including fines, a suspended license and even jail time. What’s more, a DWI conviction in Houston, Texas will be on your record for life. Sometimes people who are charged with a DWI believe they will be able to represent themselves in court or simply assume the case cannot be won, but chances are, without excellent legal representation this individuals will face serious penalties.

Why You Will Need a Lawyer for Your DWI Case in Houston

Whether you’re facing your first DWI charge or you’ve been convicted in the past, having an experienced DWI and criminal defense lawyer on your side can drastically increase your chances of a dismissal or reduce potential penalties. Here are some of the reasons why you will need a lawyer for your DWI case in Houston:

  • A lawyer won’t simply take the first plea deal, but instead thoroughly investigate all aspects of the case and explore all possible defenses.
  • Using their years of experience with DWI cases, an attorney can look for reasons that your case should be dismissed.
  • An experienced DWI lawyer can challenge the basis for which the arresting officer stopped your vehicle.
  • A lawyer can challenge whether the officer had reasonable suspicion to administer a field sobriety test, breath test, or blood test.
  • Your attorney can challenge the procedures used by the officer in determining your intoxication and whether they were correctly administered.
  • If you are ultimately convicted of a DWI, your attorney can help get your penalties reduced, included fines and jail time.

If you’ve been charged with a DWI, hiring a lawyer to help you fight your case can tremendously improve the outcome. A vigorous defense can mean the difference between wining and losing your case. To find out how Scheiner Law Group can help you fight your DWI case, reach out to us today.