Download and Print Your Request for an ALR Hearing
You've been pulled over by the police on your way home from a night out on the town and you are asked to take a field sobriety test. What do you do? Refuse all Testing!
You've been arrested for DWI and your license has been suspended. What are the steps you need to take to get your license back?
You have to appear in front of the judge. Do you understand the intricacies of a drunk driving charge in Texas? Do you have a lawyer that will fight for your rights?
Regardless of your situation, you should place your trust in experienced and successful Houston drunk driving attorney Alan Winograd
Specifically, the Texas DWI Defense lawyer, Alan Winograd handles DWI cases in the following areas, among others:
DWI
Driving while intoxicated, first offense, is a Class B Misdemeanor that is defined at Texas Penal Code i49.04. "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place".
The elements are:
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The State may prove intoxication in three different ways:
not having the normal use of physical faculties OR
not having the normal use of mental faculties OR
having an alcohol concentration of 0.08 or more.
The defendant, on or about a particular date
Was operating a motor vehicle
In a public place (street, highway, beach, parking lot, etc)
In a particular county
While intoxicated The Texas legislature has specifically defined the term "intoxication", as that term is used for prosecution of DWI cases {Texas Penal Code ¡49.01(2)}.
It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. Having valid prescription for a substance is not a defense to DWI.
Intoxication Manslaughter/Intoxication Assault
Intoxication Assault: A third degree felony "A person commits an offense if the person, by accident or mistake, while operating a .... motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another" {Texas Penal Code ©49.07}. " Fine: A fine not to exceed $10,000.00.
Second Degree Felony "A person commits an offense if the person:
...operates a motor vehicle in a public place, and...
...is intoxicated and by reason of that intoxication causes the death of another by accident or mistake."
Fine:
A fine not to exceed $10,000.00.Jail:
Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than twenty (20) years.
Administrative License Revocation Hearings (ALR)
Besides the criminal court, a Texas DWI defendant will have to deal with a Department of Public Safety (DPS) hearing to determine the status of his or her driver's license.
Occupational Licenses
Alan Winograd can help you maintain the ability to drive for your job.
Expunctions
There are opportunities to have your record cleared in certain situations, and Alan Winograd is experienced in these matters.
Alan Winograd handles cases in the DWI realm, and represents clients in and around the Houston area.
If you have been arrested for a DWI offense in Texas, do not try to handle the legal situation yourself. Contact Alan Winograd to make sure that your rights are protected.