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Driving Under the Influence in Dallas

Overview
Dallas courts treat driving under the influence as a misdemeanor or a felony, depending on the prior record of the accused.  You will need a qualified DUI / DWI attorney from the Law Offices of “Insert Attorney Name” to handle your defense.  Each situation is unique and we will find a solution to your legal problems, and make a difference in the outcome of your case.

Texas DUI License Suspension
If you are a Texas driver and you are arrested for driving under the influence, you will have to attend two different court trials.

  1. Criminal charge
  2. Civil proceeding
    • Administrative license revocation, or ALR
    • An ALR is initiated if you refuse to take a breath or blood test
    • If you fail the breath or blood test – results are above the legal limit

Additionally, Texas Law says if you drive on Texas roads

  • You automatically consent to take a breath or blood test if arrested for DUI / DWI
  • This also applies to operators of boats
  • Texas courts advise that you do NOT have the right to consult with an attorney before refusing to take these tests
  • If an accident or death takes place, you can be forced to provide a sample of blood.

Notice of ALR Suspension

  • At the time of arrest, a police officer will tell you if you do not take a breath or blood test, your license will immediately be suspended
    • This is not true
  • A police officer is required to take your Texas license and issue a temporary driving permit that expires on the 41st day after the date of issuance
    • If you request a hearing in writing within 15 days to challenge the proposed suspension, it will delay any ALR sanctions.

The ALR Hearing
The burden of proof at an ALR hearing is on the Department of Public Safety.  They must prove their case against you before a suspension of your license is issued.  They must prove the following:

  • Reasonable suspicion to stop you
  • Probable cause (you were intoxicated) to arrest you
  • You were given a chance to take a breath or blood test
    • after being notified orally and in writing of the consequences of refusing to take these tests
  • You refused to give a specimen on request of the officer
  • You failed a breath or blood test  - alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath

Suspension Provisions for Adult Drivers

  • Without any priors against you during the previous 10-year period,
    • suspension is 180 days - refused to submit to the chemical test,
    • or 90 days - test results are above the legal limit
  • You have a prior conviction within the past 10 years,
    • refusal will result in a two year suspension,
    • one year suspension - test is taken, but the results are above the legal limit

After Suspension

  • If no suspension is imposed – license is returned
  • If a suspension is ordered – you must pay a reinstatement fee of $125
    • A special form is sent with the reinstatement fee and sent by certified mail, return receipt to:
      Driver Improvement and Control Texas Department of Public Safety
      P.O. Box 15999Austin, Texas78761-5999

Punishment for DWI Conviction
1st Offense:

  • Class B Misdemeanor
  • Up to $2,000 fine
  • County jail for at least 72 hours but not more than 6 months
  • Open container – county jail for at least 6 days
  • Community service – 24 to 100 hours
  • Probation for 2 years
  • Drug and/or alcohol evaluation program
  • Attend a MADD victim impact panel

Additional Conditions of Probation:

  • Accident occurs
    •  Installation of ignition interlock device
  • Previously convicted of DUI / DWI – within 10 years
    • Penalties are increased

2nd Offense:

  • Class A Misdemeanor
  • Jail
  • Condition of Release from Jail: Must install an ignition interlock device
  • Fine
  • Community Service

3rd or more Offense:

  • Felony
  • Prison of 10 years

In Conclusion
The attorneys at The Dallas DUI  Law Offices of “Insert Attorney Name” will guide you through the process and help you make the correct choices.  We know how scary this matter can be for you.  Everyone deserves fair legal guidance and we know what steps to take to get you to a prompt and favorable resolution.