770 S. Post Oak Lane,
Houston, Texas 77056
Office: (713) 552-0300
Fax: (713) 552-0746
Citizens are being arrested and charged with DWI/DUI in Texas with more regularity than ever before. There are many reasons for this trend, and the foundation of it exists with the demands of various groups to hold people who drink and drive accountable. Legislators, judges, and prosecutors are all responding to these demands by calling for stiffer penalties and more severe consequences for those convicted of alcohol related offenses.
While the intentions behind those calling for stiffer penalties might be noble, their efforts have led to countless citizens being arrested for offenses they did not commit. When a police officer stops someone who has been drinking, that officer has to make a decision whether to allow the individual to continue on or to make an arrest for DWI/DUI. More times than not, the officer is going to err on the side of caution and make the arrest. That arrest, and the charges that follow, can lead to driver’s license suspensions, mandatory jail sentences, surcharges and fines in the thousands of dollars, and a whole host of other collateral consequences. That it is why it is imperative that you have an experienced attorney with an understanding of all of the intricacies of how to defend a DWI/DUI case.
The most basic statute in Texas addressing DWI/DUI defines conduct that constitutes a Driving While Intoxicated offense. There are also statutes that address the operation of vehicles other than cars or trucks while intoxicated, and laws that dictate how more serious offenses are defined for repeat offenders and individuals who are alleged to have caused serious bodily injury or death while driving under the influence. For example, a citizen alleged to have been driving while intoxicated causing serious bodily injury or death to another may be charged with Intoxication Assault, Intoxication Manslaughter, or in some cases, Felony Murder.
Basic DWI Definition - Texas law states that a person commits the offense of Driving While Intoxicated if the person is intoxicated while operating a motor vehicle in a public place. Intoxication is defined as having an alcohol concentration of 0.08 or more, or not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substances, or drugs into the body.
Just as we do in every case we handle, we begin our representation with a thorough investigation into the facts surrounding the allegation. We attempt to interview every potential witness involved, visit the scene of the stop and arrest, and examine the conditions surrounding administration of the field sobriety tests and blood/breath test. We then identify what, if any, legal issues there are in the case. For example, we examine whether the police had a legal basis to make the stop, whether the police had a legal basis to make the arrest, whether the field sobriety tests were administered correctly, and whether the blood or breath test was handled correctly. The bottom line is that we will do everything we possibly can in pursuit of your legal defense within the limits prescribed by law and professional ethics.
If you are facing a DWI or DUI charge, you need to act now to preserve your rights. Contact the criminal defense lawyers at the law firm of Zimmermann Lavine & Zimmermann, P.C. today to schedule an initial consultation.