DRIVING WHILE INTOXICATED (DWI)
To obtain a conviction for Driving While Intoxicated (DWI), the State must prove beyond a reasonable doubt that the defendant was operating a motor vehicle in a public place while the defendant was intoxicated. Intoxication can be proven by showing the defendant has a Blood Alcohol Concentration (BAC) of .08 or more, or the defendant did not have the normal use of their mental or physical faculties by reason of introduction of alcohol or other drug. DWI is a Class B Misdemeanor for the first offense, unless the defendant’s BAC is .15 or more, in which case it is a Class A Misdemeanor for the first offense.
Proof of Intoxication for DWI
DWI is one of the more common arrests made in the State of Texas. Though common, this charge can be a difficult offense for the person being prosecuted and the attorney handling the case. DWI is an offense that presents some unique challenges that can be hard to handle for inexperienced DWI Lawyers. One of the main challenges in modern DWI cases, is the presence of scientific evidence to prove intoxication. Blood tests and Breathalyzer results are often the main evidence used in DWI trials to prove intoxication. You need an experienced DWI Lawyer to challenge the accuracy of these test results if you want a successful outcome in your case.
If you are charged with a DWI in the State of Texas, you will be subject to the State suspending your driver’s license. If you refuse to consent to a blood or breath test, that period of suspension will be 180 days, and if you take a blood or breath test, and return a BAC at .08 or over, then the license suspension will be 90 days. This disparity creates an incentive for the defendant to consent to scientific testing.
However, you can fight the suspension through an administrative process commonly referred to as an ALR hearing. Within 15 days after an arrest, a defendant has the right to request an ALR hearing to challenge the license suspension. The ALR hearing serves two important purposes: 1) provides an opportunity to fight the suspension and 2) gives the attorney a chance to cross examine the arresting officer under oath prior to the DA tainted the testimony. You need an experienced DWI attorney that can navigate the ALR process alongside your criminal case.
Odom, Davis & Hobson provides outstanding criminal defense services for those facing DWI charges in the State of Texas. Our practice has a long history of handling these criminal charges and will make sure that you are put in the best place possible at the end of your case. Our DWI Lawyers will fight to make sure that the State has met their burden of proof in the criminal case and in the ALR process.
Intoxication Manslaughter is a very serious offense that arises from causing the death of another while operating a motor vehicle in an intoxicated state. Intoxication Manslaughter is a second degree felony in the state of Texas carrying a punishment range of 2-20 years in Texas prison. With a slight change in circumstances, what would have been a misdemeanor DWI can quickly become a very serious felony.
The prosecution will likely want to vigorously pursue a conviction in these cases on behalf of the victim’s family. The State of Texas is unlikely to give up easy on this charge or give you a deal that does not include time in prison. Thus, you need an expert Intoxication Manslaughter Attorney that can aggressively represent you in the courtroom, and ensure that you are placed in the best position possible at the resolution of your case.
Odom, Davis & Hobson has handled numerous Intoxication Manslaughter cases in the state of Texas, and knows how to defend you against these charges.
Odom, Davis & Hobson
The seriousness of these offenses make it important to obtain a strong and dedicated criminal defense team that knows the law and the appropriate strategies to defend against DWI or Intoxication Manslaughter charges. Whether that result is a dismissal, not guilty, or a low punishment, the criminal defense attorneys at Odom, Davis & Hobson will make sure the case is defended with professionalism and aggression.
All of our attorneys have broad knowledge in this area of the law. We will provide you with a competent Houston DWI lawyer or Houston Intoxication Manslaughter lawyer who will formulate a strategic plan of defense for your case.
Contact us today for a consultation.