What if I have multiple DWI cases pending?

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WHAT IF I HAVE MULTIPLE DWI CASES PENDING?

If you have multiple DWI cases pending, the prosecution may use those offenses as punishment evidence against you in trial, revoke your bond on the initial DWI charge, or recommend a harsher penalty for a DWI conviction.

 

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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What is intoxication manslaughter and the potential punishment?

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What is intoxication manslaughter?

Intoxication manslaughter is when you cause the death of another person by accident or mistake while committing the act of BWI, FWI, or while operating a motor vehicle while intoxicated in a public place (DWI) and by reason of your intoxication.

It is considered the highest degree of intoxication related offense, and may occasionally escalate to a felony murder charge depending on the circumstances of the incident. As a potential felony conviction, it’s incredibly important that you fully understand your case, the details of your arrest and charge, and how the results of your cas may impact your life.

Working with a professional DWI lawyer can help you understand the circumstances and potential consequences of your charge. Experienced legal counsel is a useful way to better understand your situation and potentially defend your rights.

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Consequences of Intoxication Manslaughter

Intoxication manslaughter is classified as a Felony of the Second Degree. An intoxication manslaughter offense under this section is a felony of the second degree, which may result in a fine up to $10,000 and 2 to 20 years in the Texas Department of Criminal Justice and a driver’s license suspension ranging from 180 days to 2 years.

Upon conviction, there is an annual $1,000 to $2,000 surcharge fee for a period of 3 years in order to retain your driver’s license. Felony convictions also carry the standard penalty of disqualification from voting and possessing a firearm. 

Even in situations where probation is granted, there is still a requirement of a 120 day jail sentence.

Additional Penalties

If the vehicle was driven in a way that made it a deadly weapon, then there is an additional penalty that prohibits good time credit in prison to be considered for early release until half of the sentence has been satisfied. 

Deadly weapon findings may also limit the circumstances in which a person may receive probation.

For bond, an ignition interlock device will often be required, as well as a range of potential other limitations on your driver’s license, driving capabilities, or other social factors.

Ignition Interlock Requirements

As a condition of bond, the court will require you to install a vehicle ignition interlock device on your car, and you will not be allowed to operate a motor vehicle that is not equipped with such a device.

The interlock device determines the presence of alcohol in your breath, and if the device detects a certain level of alcohol, the vehicle will be temporarily disabled.

Additionally, the court will order the accused to abstain from alcohol use and the use of controlled substances without a prescription. The court may enforce this by ordering random drug testing. In some circumstances, the court may even order the accused not to operate a motor vehicle while their case is pending.

Working With a DWI Lawyer

Navigating the complex process of fighting a DWI or possession charge can be difficult on your own. If you want to retain your rights and have the best shot at a favorable outcome against these kinds of charges, relying on experienced legal counsel from a professional DWI lawyer in Houston can help your chances when it comes to fighting these charges.

Get a free consultation with our professional DWI lawyers, and discuss the details of your case to see how we might be able to help you better defend your rights and understand your charges.

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

What happens to my pilot’s license if I’m arrested for DWI?

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What happens to my pilot's license if I'm arrested for DWI?

DWI and pilot license do not mix. The penalties are severe and potentially career ending. 

If you are a licensed pilot and you’ve been convicted of DWI, you must file a pilot’s first-class medical application and report your status within 60 days of your conviction to the FAA as well as to the Civil Action Security Division in Oklahoma City, Oklahoma.

DWI and Pilot’s License: The Effects

Also, if your driver’s license has been suspended because you refused the breath or blood test, you must report the actions taken by the court as a result of your DUI conviction. 

Further, if your pilot’s license is suspended through DMV proceedings, you must report to the FAA Civil Action Security Division within 60 days. 

It’s important that you report your DWI conviction or driver’s license suspension, because failure to do so will risk further, even sharper penalties including loss of your pilot’s license.

 

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Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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What is the Intoxilyzer 9000 and associated problems?

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What is the Intoxilyzer 9000?

Texas is currently replacing the Intoxilyzer 5000 EN and transitioning to the Intoxilyzer 9000 for breath alcohol testing. 

According to the manufacturer, the device works on the basis of infrared light absorption by alcohol detected in a person’s breath.

I9000 no shadow

According to the manufacturer and the Texas Department of Public Safety (DPS), the device subtracts the amount of light absorbed from the person’s alcohol breath sample, compares that amount with the amount of light originally introduced by the device into its testing chamber, and prints the difference as a test result.

Intoxilyzer 9000 Flaws

The theory is that the alcohol molecules block/absorb a certain amount of light which results in a less light getting through to the detector. 

The machine computes the reduced amount light caused by the alcohol molecules. 

The Intoxlyzer 9000 is neither perfect nor expensive (@$7,600). 

Moreover the machine is not warranted to be accurate nor reliable for human testing. 

Rather, it’s warranted to be able to analyze a reference sample solution provided by the manufacturer. 

This simulator and solution can be loosely described as a heated peanut butter jar with alcohol/water mixture with air on top. 

It does not accurately or reliably replicate human lung function.

There are many natural interferences in a person’s breath that may also block infrared light. 

For example, moisture, acetone (a natural occurring substance produced by people on low-carbohydrate diets), ketones and tobacco smoke.

Intoxilyzer 9000 delayed

The DPS’s Breath Alcohol Testing Program has delayed the implementation of the Intoxilyzer 9000, which was originally scheduled for forensic evidential use in summer 2015. 

Much is already known, from use in other states, about the Intoxilyzer 9000’s deficiencies. An experienced DWI lawyer can educate the court and a jury about the deficiencies of the machine’s accuracy and reliability.

Additionally, there are certain upgrades that have been included in the Intoxilyzer 9000 that DPS has chosen not to include in the models it uses for the citizens of the state of Texas. 

The Intoxilyzer 9000 includes the capabilities to print a histogram that shows a subject’s breath flow, volume, and duration during a blow. 

The histogram can aid in determining whether a test is contaminated by mouth alcohol. 

By allowing review, both the defense and the state can determine whether there was sufficient slope in a sample. 

Both Colorado and Georgia are providing this safeguard to their citizens, but DPS has demonstrated that it doesn’t believe the citizens of the state of Texas deserve the same protection.

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Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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What is the definition of an American Citizen?

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WHAT IS THE DEFINITION OF AN AMERICAN CITIZEN?

Trichter & LeGrand DWI Lawyers

Interestingly, the Texas Court of Criminal Appeals on 9/11/133, 9/11’s 12th anniversary, gave approval to a definition that describes the characteristics of the American Citizen. 

In a case styled State of Texas v. Christopher James Wade, where nervousness and a refusal to cooperate were deemed insufficient facts to justify a detention or frisk, the CCA  said:

“Who, then, is the American ‘reasonable person’ when it comes to police interactions? 

A review of the case law above provides some characteristics. 

He is someone who knows his rights and feels free to exercise them. 

He is not intimidated by the police, whether they are alone or in a group, in uniform or in plain clothes. 

He knows that when questioned, he can refuse to answer, and when asked for identification, he can decline to comply. 

He always feels free to end the encounter even if physically constrained by his surroundings and even if the police persist in their attempts to engage him in conversation. 

He rests secure in the knowledge that no physical harm will result and that the police cannot legally draw an inference of criminality from his refusal to cooperate. 

In short, he regards an encounter with police as no different from one with a panhandler on the street, a religious proselytizer at his doorstep, or a Hare Krishna in the airport.”

Well, now we know the approved Texas judicial definition of who we are as Americans. 

To me, the CCA could have shortened the description to say ” people who act like John Wayne and Clint Eastwood”.  

I wonder if anyone will now tell the police who we Americans are? 

What do you think?

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.