Nationally renowned Houston DWI attorney, J. Gary Trichter has been defending citizens charged with Driving While Intoxicated (DWI) throughout Texas for more than thirty years. Doug Murphy has been defending DWI cases for over ten years. Together, they are two of the only four board certified DWI/DUI Defense Attorneys in Texas. Their certifications come from the National College for DUI Defense which is the sole entity approved by the American Bar Association to bestow such a qualification. The Texas Bar does not have a board certification in DWI Defense. Mr. Trichter has co-authored a textbook entitled TEXAS DRUNK DRIVING LAW, authored and/ or co-authored 46 legal and aviation articles. Moreover, he has spoken at over 256 legal seminars and Mr. Murphy, 35, where they have taught lawyers, judges and prosecutors about various aspects of the law, particularly DWI.
Driving While Intoxicated (DWI) in Texas
Just the Facts Ma'am...
DWI FACT:
Approximately 1.4 million drivers were arrested in 2003 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 135 licensed drivers in the United States (2004 data not yet available). 1
DWI FACT:
Over 22,000 people per year are arrested for Driving While Intoxicated along the I-35 Corridor in Central Texas specifically in Bastrop, Bell, Bexar, Caldwell, Comal, Guadalupe, Hays, Lee, McLennon, Travis, and Williamson counties). 2
DWI FACT:
If you are trying to get a friend or loved one out the Travis County Jail in Austin, Texas please call (877) SAY-NADA or 877-729-6232 immediately for assistance. We answer our phones 24 hours a day. We will go to the Travis County Jail and process the necessary paperwork to get your friend or loved one out of jail. Our fees are affordable and you will find my office very helpful through this difficult time. There are several different types of bonds that can be posted to get someone out of jail - Personal Bond, Cash Bond, Surety Bond or even a Hobby Release if you are trying to get someone out of jail in the middle of the night if they have been arrested for DWI.
DWI FACT:
You have fifteen (15) days after a police officer, in Texas, arrests you for Driving While Intoxicated in which to request an Administrative License Revocation Hearing (ALR) from the Texas Department of Public Safety in order to try to save your driving privileges. If you do not request a hearing within the fifteen (15) day time period your driver’s license will be suspended on the fortieth (40th) day following your arrest.
DWI FACT:
You have the right to remain silent and not answer any questions. You should never answer the officer’s questions regarding your impairment or the amount you had to drink.
DWI FACT:
In Texas, field sobriety testing is voluntary. You do not have to take any field sobriety tests whether roadside or at the police station.
DWI FACT:
The Intoxilyzer machine is a large machine and is housed at the police station. If the officer pulls out a handheld device, commonly referred to as a “Portable Breath Test” device or “PBT”, you are not required to blow in the device nor will your driver’s license be suspended for refusing to blow into the device. In fact, in Texas, the actual results of this test are not admissible in Court at your trial.
DWI FACT:
In Texas the sampling of blood, breath and urine are the three ways law enforcement officers measure the alcohol content in an individual’s body. In most situations you do not have to submit to any of these tests, unless you are under a direct court order.
DWI FACT:
If you are interviewing an attorney about your DWI case and the attorney does not mention or discuss representing you at the Administrative License Revocation (ALR) Hearing as part of his or her representation of you in the DWI case then you are not talking with an experienced DWI lawyer.
DWI FACT:
If you plead guilty you will be giving up many important rights. Do not do it unless directly advised to do so by a lawyer representing you and your best interests.
Driving While Intoxicated or “DWI”
is a very serious offense in Texas. The individual arrested today in Texas for Driving While Intoxicated, commonly referred to as DWI, faces bewildering procedures and potentially devastating punishments, i.e., suspension of driving privileges, fines, and/or jail, or prison if there are injuries, particularly if this is not that person’s first time being charged with Driving While Intoxicated as well as surcharges and devastating administrative fees. Sometimes the punishments can be more severe than some felony offenses not to mention employment opportunities destroyed as well as automobile insurance costs soaring through the roof. You should remember, DWI is the only criminal offense that uses subjective evidence for convictions — i.e., the evidence against an individual is based on the personal belief of the arresting police officer for the few minutes they are around each other.
If you or someone you know is charged with Driving While Intoxicated, the case should be discussed with an attorney who handles DWIs as opposed to someone who has handled a few or whose work is mainly some other area of the law. An attorney can discuss the specific facts of the arrest, and review the evidence that the prosecutors will rely upon at trial. In many cases, there are valid legal defenses available to these charges, and an attorney experienced in handling DWI cases is best prepared to present these defenses to the court. Contrary to popular belief, some experts as well as this author believe that both the breath machines (Intoxilyzer 5000) as well as the field sobriety tests administered by police in Driving While Intoxicated (DWI-DUI) cases are inaccurate and unreliable.
This website is designed to give you information and an overview of Driving While Intoxicated (DWI) law in Texas. Do not rely on it for legal advice, as it is not intended to help you represent yourself in your own DWI case. Neither will this website tell you how to “get off” of a DWI in the future. Please remember, every case is different depending on the facts. Be sure to consult a lawyer for your specific case.
Find a DWI Defense Attorney in Your State
DWI Texas Lawyer has compiled a list of only the top DWI/DUI defense websites for your reference. We do not represent any of the attorneys below. However, we endorse their sites for informational reference on DWI/DUI in their respective states. If you find these sites helpful, we would be glad to hear from you. If there is a link that you would like to see added to this page, please contact us by e-mail.
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
The Drunk Driving Law Center - California DUI Laws and Legal Information.
San Diego DUI Attorney - Experienced, Aggressive DUI Attorney.
COLORADO
James Forslund - DUI Defense in Englewood, Colorado.
CONNECTICUT
DELAWARE
D.C.
FLORIDA
Richard E. Hornsby, P.A. - Orlando trial attorney representing clients throughout Florida in all criminal defense, DUI defense, and personal injury cases.
GEORGIA
Atlanta DUI Attorneys - Experienced DUI Lawyers in Atlanta, Georgia.
HAWAII
IDAHO
ILLINOIS
Illinois DUI Attorneys - Leading Illinois DUI Attorneys.
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
Massachusetts Criminal Attorney - A Massachusetts criminal attorney is a smart investment when confronting criminal charges. Those requiring a Massachusetts criminal attorney should take a look at Mr. Neyman’s office.
MICHIGAN
The Maze Defense Group - Michigan's Premier Drunk Driving Defense Firm.
MINNESOTA
Hellmuth & Johnson, PLLC - Maury D. Beaulier, Attorney at Law.
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
