DWI/DUI
(Driving While Intoxicated/Driving Under the Influence)
DWI is one of the most common offenses charged in Texas. Good people are arrested for it on a daily basis, and are understandably worried about how this charge will affect their future. If you have questions, call us. We have answers. Even a misdemeanor DWI is a very complex criminal case, involving criminal penalties, license suspensions and a host of potential issues to be explored by a good criminal defense attorney.
Thorough DWI Defense
At the Law Office of Christopher Lyerla, I will explore every possible avenue in defending your DWI charge. Because this can be a fearful experience for someone charged, I will keep you informed throughout the process with phone calls and personal consultations. Rest assured, if there is any legal way for you to escape this charge, I will find it for you.
Case Review
After you retain our office, I immediately begin to review and evaluate your case. I look at the reason for the stop. Did the arresting officer have a legal reason to make the initial stop? Did the arresting officer have probable cause to arrest you after the stop for DWI?
I will also determine if the arresting officer correctly administered the field sobriety testing. Field Sobriety Tests (FST’s) are the roadside tests administered by the police officer in investigating whether you were operating your vehicle under the influence of alcohol. Field sobriety tests are specific tests and were developed and sponsored by the National Highway Traffic Safety Administration (NHTSA). The standardized field sobriety tests, if given in the prescribed manner in a standardized setting, are supposed to demonstrate indicators or clues of a person’s impairment. When the tests are administered in the form required by the NHTSA and an officer observes these clues, it allows him to establish probable cause to believe a driver is impaired and arrest that person for DWI. Often, the officer does not correctly administer these tests, leaving room to doubt the results of the tests.
In addition to the above analysis, we will look at how long you were detained on the road, whether you were read your Miranda rights upon arrest, and whether the police followed the proper procedures in requesting you to submit to a breath or blood test. If such a test was performed, we will look at the preservation of the sample and testing procedures used to determine their validity.
Any one of these questions can have a crucial effect on your charge. These are just a few of the issues we need to examine as we progress in your case and achieve the best possible resolution for you.
DWI vs. DUI
In Texas, if you are an adult or minor and arrested for driving while having a certain level of impairment due to alcohol or drugs, it is called Driving While Intoxicated (DWI). The charge can range from a Class B misdemeanor to a Third Degree felony depending on the circumstances and the number of prior arrests. If you are a minor (under 21 years of age) and caught driving with any detectable amount of alcohol you can be charged with Driving Under the Influence (DUI). The arresting officer may issue a citation just for smelling the odor of alcohol on the breath of the minor. DUI is a Class C misdemeanor (fine only) but can also result in a driver’s license suspension.
ALR
If you are arrested for DWI or given a ticket for DUI you must request an Administrative License Review (ALR) hearing within 15 days or your license will automatically be suspended in forty (40) days. Although this hearing is optional, there are several advantages to requesting one, which I will be happy to discuss with you. Contact our office today, or request an ALR hearing here.
Occupational License
Most people charged with DWI face some type of driver’s license suspension. After taking some appropriate steps, I can get you what is known as an "occupational license" that lets you legally drive while your license is suspended. An occupational license lets you drive for up to 12 hours a day to work, school, or other essential needs. The entire process can usually be done in a few weeks. An occupational license is the only way to legally drive if your license has been suspended, and clients often find it not worth the risk to drive illegally and face another criminal charge if pulled over with a suspended license.
Possible Charges
The following are DWI or DWI-related criminal charges that our office has experience in:
Thorough DWI Defense
At the Law Office of Christopher Lyerla, I will explore every possible avenue in defending your DWI charge. Because this can be a fearful experience for someone charged, I will keep you informed throughout the process with phone calls and personal consultations. Rest assured, if there is any legal way for you to escape this charge, I will find it for you.
Case Review
After you retain our office, I immediately begin to review and evaluate your case. I look at the reason for the stop. Did the arresting officer have a legal reason to make the initial stop? Did the arresting officer have probable cause to arrest you after the stop for DWI?
I will also determine if the arresting officer correctly administered the field sobriety testing. Field Sobriety Tests (FST’s) are the roadside tests administered by the police officer in investigating whether you were operating your vehicle under the influence of alcohol. Field sobriety tests are specific tests and were developed and sponsored by the National Highway Traffic Safety Administration (NHTSA). The standardized field sobriety tests, if given in the prescribed manner in a standardized setting, are supposed to demonstrate indicators or clues of a person’s impairment. When the tests are administered in the form required by the NHTSA and an officer observes these clues, it allows him to establish probable cause to believe a driver is impaired and arrest that person for DWI. Often, the officer does not correctly administer these tests, leaving room to doubt the results of the tests.
In addition to the above analysis, we will look at how long you were detained on the road, whether you were read your Miranda rights upon arrest, and whether the police followed the proper procedures in requesting you to submit to a breath or blood test. If such a test was performed, we will look at the preservation of the sample and testing procedures used to determine their validity.
Any one of these questions can have a crucial effect on your charge. These are just a few of the issues we need to examine as we progress in your case and achieve the best possible resolution for you.
DWI vs. DUI
In Texas, if you are an adult or minor and arrested for driving while having a certain level of impairment due to alcohol or drugs, it is called Driving While Intoxicated (DWI). The charge can range from a Class B misdemeanor to a Third Degree felony depending on the circumstances and the number of prior arrests. If you are a minor (under 21 years of age) and caught driving with any detectable amount of alcohol you can be charged with Driving Under the Influence (DUI). The arresting officer may issue a citation just for smelling the odor of alcohol on the breath of the minor. DUI is a Class C misdemeanor (fine only) but can also result in a driver’s license suspension.
ALR
If you are arrested for DWI or given a ticket for DUI you must request an Administrative License Review (ALR) hearing within 15 days or your license will automatically be suspended in forty (40) days. Although this hearing is optional, there are several advantages to requesting one, which I will be happy to discuss with you. Contact our office today, or request an ALR hearing here.
Occupational License
Most people charged with DWI face some type of driver’s license suspension. After taking some appropriate steps, I can get you what is known as an "occupational license" that lets you legally drive while your license is suspended. An occupational license lets you drive for up to 12 hours a day to work, school, or other essential needs. The entire process can usually be done in a few weeks. An occupational license is the only way to legally drive if your license has been suspended, and clients often find it not worth the risk to drive illegally and face another criminal charge if pulled over with a suspended license.
Possible Charges
The following are DWI or DWI-related criminal charges that our office has experience in:
- DWI
- DUI
- DWI 2nd
- DWI 3rd (felony)
- DWI with Child Passenger (felony)
- Intoxication Assault (felony)
- Intoxication Manslaughter (felony)
