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When it comes to DWI in Houston, Texas; it is an opinion crime meaning that it is the officer’s opinion that will determine whether someone is charged. If he believes that you were intoxicated or isn’t sure, then you can and will be arrested for DWI in Texas. If you’ve been charged with DWI, you should contact a Texas lawyer immediately. We will gather evidence and determine whether or not a plea negotiation is valid for your case. If you had blood taken, it could take several months for the results to come in. A good DUI defense attorney will wait for these results before making any decisions on the case. Once we have gathered all of the evidence, we can evaluate your case and decide whether it is best to work it out without trial or to go to trial in South Texas.
In the state of Texas, it is illegal to drive or operate a motor vehicle if you are under the influence of either alcohol or drugs. An individual can even be charged with DUI after taking prescription drugs. DUI is defined as not having the normal use of mental and physical faculties by reason of alcohol, a drug, controlled substance, or a combination of the two. This means you can not have a drink of alcohol and be charged with DUI in Texas. The most common drugs that drug-related DUIs are caused by are Xanax, Alprazolam, Vicodin, and Ambien. Even drugs that are prescription-based can be included as if they give a warning that they may impair driving then they are illegal to take when driving.
We at Maverick Ray & Associates understand how complex these types of cases can be. We can investigate defenses to help reduce or drop charges against you. When you need legal expertise on your side, hire a DUI defense attorney from our team today. In order to schedule a free initial consultation with one of our lawyers, call our law office today at 281-843-5372.
One common question my clients always want to know is, how does the process work? If you are charged with a DWI you can expect your case to follow a similar path up until it goes to trial:
Even if your case reaches a guilty verdict, Maverick understands the fight doesn’t end there. Maverick also offers his services in appeals, motions for new trial, representation in license revocation hearings, and will fight to get you an occupational license. Whether it was his case or not, Maverick is willing to take your case up the ladder on appeal. Time is always of the essence in these matters, so make sure you contact him immediately before it is too late. It’s imperative that you understand your rights in criminal situations. Allow someone who understands the law, Maverick Ray, to provide legal advice for your situation.
DWI is an opinion crime and police officers make mistakes. It is the officer’s sole opinion that will determine whether you are charged with a DWI. If he believes that you were intoxicated or maybe just not sure, you can and will be arrested for DWI. This is because of how alcohol affects the human body and how it absorbs and reacts with everyone.
The field sobriety tests that are used to help an officer quickly determine whether you are intoxicated are also highly flawed. The Horizontal Gaze Nystagmus test (“the eye test”) is highly flawed, as everyone has natural nystagmus, and the difference between nystagmus caused by drugs or alcohol and normal nystagmus is a matter of millimeters. Further, nystagmus can be present even when one’s blood alcohol concentration is less than .08. As “No Refusal Weekend” is used more and more in Harris County, Montgomery County, and other counties, more and more DWIs deal with an individual’s blood being offered against them to prove intoxication. While fighting a DWI blood case is a monumental task, a skilled DWI lawyer can expose the inconsistencies in the testing, the storage, the custodial care, the gas chromatography machines, the analysts, as well as attack the affidavit for the search warrant.
My clients always ask me how the process works. If you are charged with a DWI you can expect your case to follow a similar path up until it goes to trial:
1. It is very important you contact a DWI lawyer immediately, as your driving rights can and will be suspended unless an Administrative License Revocation hearing is requested within 15 days of the arrest.
2. In the first few court settings, very little occurs. The attorney signs onto your case, and your case is reset while investigation of the case by both sides begins. As time goes by, more and more evidence is discovered and plea negotiations begin. The attorney will begin watching the scene video and begin issuing subpoenas if needed.
3. If there was blood taken, it will generally take several months for the results to come in. A good DWI attorney usually waits for the blood results to come back before making any decisions on the case. Once all of the evidence has been gathered, the attorneys will evaluate the case and decide whether it is best to proceed to trial or whether the case can be worked out. 4. If the case proceeds for trial it will usually be set for several months into the future. As a DWI lawyer, Maverick then works to finalize gathering evidence and developing a plan of attack on the evidence of your case.
