Texas DWI Defense: The Law and Practice

Felony and Misdemeanor Charges

Because of the potential impact on licensure, as well as the prospect of loss of liberty, these matters are very serious and should be handled by a skilled criminal defense lawyer.

Our experience includes, but is not limited to, representation on the following matters:. In many cases, the decision is directed by statute and the misconduct, suspension, or revocation proceedings following a criminal conviction are required as a matter of law.

Accusations Resulting from Personal Conduct

For even the most seasoned Texas attorney, defending DWI cases has always presented special challenges. Today mounting a successful defense is more. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Texas DWI Defense: The Law and Practice, 2nd Edition.

Some agencies require, upon a conviction for specific offenses, that the license be revoked unless the licensee can show that it is in the best interest of society as well as the licensee that he or she maintains the license. For obvious reasons, it is imperative that a licensee charged with a state or federal offense seek professional counsel to assist in decision making and explain the ramifications that a charge or plea agreement may have upon licensure renewal, application, or the filing of misconduct charges.

Drug offenses and violations of the Health and Safety Code allow for and often require some of the stiffest administrative and civil penalties upon a professional or healthcare license.

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Moreover, fraud is often associated with the unlawful possession or obtaining of prescription drugs. Therefore, it is imperative that a licensed professional seek immediate criminal representation to assist in the pretrial planning and proactive strategies that should accompany an arrest or indictment.

Accusations Relating to Professional Practices

The Leichter Law Firm PC is especially devoted to representing both the criminal and the administrative needs of physicians and other licensed professionals. Not certified by the Texas Board of Legal Specialization. Call for a FREE consultation Criminal Defense Medical professionals may face a criminal investigation or prosecution relating to their practices or their personal conduct.

Depending on the facts of your case, there may also be grounds to challenge the administration or accuracy of the DWI test results. Since many Texas DWI cases rely upon the allegation that you were operating a vehicle while your blood alcohol level exceeded the.

Field Sobriety Tests In Texas, officers usually use three field sobriety tests:. Texas law enforcement uses the Intoxilyzer machine for breath tests and it measures blood alcohol concentration by way of infrared spectroscopy. This technology is not foolproof and has a standard of error of approximately 20 percent.

Your results may be negatively impacted by any residual alcohol in your mouth from mouthwash or dental work, medical conditions, weight, the temperature of your breath, and whether the machine has been properly calibrated and maintained.

Criminal Law Guide

A blood test can be administered to measure your blood alcohol concentration if you consent to the test. If you refuse to give consent, the officer may obtain a search warrant to compel you to give a blood sample. There are numerous ways in which human error can compromise the accuracy of blood tests, be it during the collection, handling, testing, or analysis of the sample.

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Texas DWI penalties are based on case-specific factors, such as the age of the driver, the BAC of the driver, the type of license the driver holds, if an accident was involved, and if the driver has any prior convictions. This is influenced by the last time a person consumed food. Scientific tests can be wrong, we have the most training available to analyze and scrutinize any scientific tests. Morris has over 38 years of experience representing clients in both state and federal criminal matters. There are numerous ways in which human error can compromise the accuracy of blood tests, be it during the collection, handling, testing, or analysis of the sample. These 6 facts must each be proven beyond a reasonable doubt before you can, lawfully, be convicted of a DWI in Texas.

When an officer obtains a warrant to administer a DWI blood test, the warrant must be based on probable cause, which means the officer must have some evidence that suggests you committed a DWI offense. The blood test evidence could be contested if there was no such probable cause to support the warrant in the first place. If you have been arrested and charged with a DWI, it is important that you contact an experienced Houston DWI attorney as soon as possible. Barnett knows the many ways a DWI can negatively affect your life and your career and will fight to get the best possible result for your charge.

Barnett has achieved favorable results in countless DWI cases in the Houston area. He is board certified as a defense attorney by the Texas Board of Legal Specialization, and has certifications in DWI field sobriety testing, operation of breath test machines, and gas chromatography, the process used in DWI blood tests.

Texas DWI Defense Strategies

He knows how to mount strong challenges against DWI evidence and the testimony of police officers and lab technicians, and to present compelling arguments on your behalf. Barnett has a reputation as a highly skilled and well-respected defense lawyer that includes nearly 30 years of practical legal experience in the Houston area trying criminal cases as a state and federal prosecutor and as a defense lawyer.

His experience and training have earned him invitations to speak as a leader in Texas criminal defense law and he was selected to Super Lawyers as a top rated criminal defense lawyer in Contact the Law Offices of Ned Barnett today at , or use the online contact form, to learn more about the steps that can be taken to challenge DWI charges and to schedule an appointment to discuss your case. Traffic Stop Defenses In Texas, an individual commits a DWI offense if he or she is intoxicated while operating a vehicle in a public place. Intoxicated means one of two things: A person has a blood or breath alcohol concentration of.

Field Sobriety Tests In Texas, officers usually use three field sobriety tests: