Driving While Intoxicated (DWI)

Question:
"What is the difference between 'DWI' and 'DUI'?"

Answer:
"DWI" stands for "Driving While Intoxicated" and "DUI" stands for "Driving Under the Influence." In Texas, "intoxicated" can be proven in a criminal court in 3 different ways: 1) proving that the driver had a blood alcohol concentration of 0.08 or above, 2) the driver had lost normal use of his/her mental faculties OR 3) the driver had lost the normal use of his/her physical faculties. DWI can be a misdemeanor or a felony depending upon the facts of the case and/or whether or not the accused has been convicted of DWI before.
In Texas, DUI only pertains to minors (anyone under the age of 21). This offense does NOT require that the accused be intoxicated, but only that the driver has ANY detectable amount of alcohol in his/her system. Although classified as a Class C Misdemeanor (as is a speeding ticket), if a minor has prior convictions, he/she can also receive jail time for this offense.

Question:
"If I am charged with DWI or DUI, when should I hire a criminal defense attorney?"

Answer:
As soon as possible. Both offenses can result in suspension of your driver's license before you are ever required to appear in court. Also, there may be evidence that would be helpful to your defense that could be time-sensitive. In order to receive the best defense possible when charged with such a crime, the sooner you hire an attorney, the better.

Question:
"I was arrested for DWI and I did not provide a specimen of my breath or blood. Can I still be convicted of this offense?"

Answer:
Yes. There are 3 different ways to prove intoxication in Texas. If the State can prove that you did not have the normal use of your mental or physical faculties, you can still be convicted of this crime.

Question:
"I was stopped by an officer and he asked me to perform some tests on the side of the road. What are those tests?"

Answer:
Those tasks are called Field Sobriety Tests. There are currently three standardized tests that are nationally recognized and acknowledged: the Horizontal Gaze Nystagmus, the Walk and Turn, and the One Leg Stand.

Domestic Violence

Question:
"I was charged with assault against my wife. If she calls the District Attorney's office and tell them that she does not want me prosecuted for this offense, is the DA required to dismiss the case?"

Answer:
No. Although your wife is considered to be the victim, the crime is also considered to be against the "peace and dignity of the State." Although your wife's desire not to prosecute may or may not be helpful regarding punishment, often times these type of offenses are prosecuted with or without the assistance of the victim.

Question:
"Does there have to be some type of visible injury for someone to be charged with assault?"

Answer:
There are several categories of assault in Texas. For misdemeanor assaults, visible injury is NOT required. ANY instance of pain can be considered "bodily injury". Also, just a threat of bodily injury can possibly be considered an assault under Texas law.

Juvenile Law

Question:
"My child was charged criminally for causing damage to my neighbor's property. I have paid for the repairs to my neighbor's property and my neighbor is satisfied. Will the charges be dropped automatically?"

Answer:
Not necessarily. Paying restitution may be a factor considered for the court's sentence, but it does not in and of itself guarantee dismissal of the charges.

Question:
"If I know my child is innocent, do I still need to hire a lawyer to represent my child in juvenile court?"

Answer:
Yes. Children who have been wrongly accused definitely need competent legal representation to ensure that their rights are protected and that justice prevails.

Criminal Procedure

Question:
"What is a bench trial?"

Answer:
A bench trial is trial before a judge instead of a jury. It also often referred to as a "trial before the court." Every criminal defendant has a right to a jury trial; but in some instances, when possible, a bench trial may be more preferable depending on the facts and circumstances.

Question:
"How many people are on a jury?"

Answer:
There are 6 people on a jury in a misdemeanor trial and 12 people in a felony trial.

Question:
"If I plea Not Guilty and request a jury trial, will I be forced to testify?"

Answer:
No, it is your choice. Every criminal defendant has a constitutional right against self-incrimination provided by the Fifth Amendment. A criminal defendant cannot be forced to testify and his/her trial and the prosecuting attorney cannot use that as evidence against him/her.

Question:
"If I've been charged with a crime and I intend to plead guilty, why do I need a lawyer?"

Answer:
Whether guilty or not, you should seek legal advice to ensure you receive the appropriate sentencing. Also, there are certain constitutional rights that are guaranteed to all criminal defendants that should be preserved and protected in EVERY instance. A skilled attorney will be able to identify any issues and concerns regarding your rights.