Category: DWI Trial

Finding An Experienced DWI Lawyer

3 Simple Ways To Hire A Capable DWI Attorney

If you or a loved one has been arrested for driving under the influence, it is essential to seek the legal help of an Experienced DWI Attorney. Each arrest involves unique legal issues. An experienced attorney will know what to look for and how to resolve them. They also understand the importance of maintaining confidentiality during a case.

The first step in finding an experienced DWI attorney is to find out how long they have been practicing. Asking around will also give you a sense of how experienced the attorney is. Ask how many DUI cases they have tried and won, as well as how many cases they have dismissed. Ask about their total cost of representation, too. Keep in mind that not every DUI case is the same, and it is important to find a reasonable cost before you hire an attorney.

Moreover, try to find out the nature of their personality. A good bedside manner is important since DUI attorneys handle sensitive and private situations. Some lawyers may be extremely formal, while others may be more personable. A good bedside manner and personal chemistry can make a stressful situation much easier.

You should also find out if the attorney will charge you a flat rate or charge an hourly rate. An hourly rate can add up to a lot of money. Also, make sure that the DUI attorney offers payment plans, which can help you afford the fee.

1. Obtain Recommendations

A great way to find a reputable DUI lawyer is to ask for referrals from people who have used the services of a DUI attorney in the past. These people will have knowledge about the entire process, whether they won their case or got it dismissed, and what the total cost was. A recent law school graduate may have only a few cases, but his or her experience is essential to your case.

An experienced attorney will be able to guide you through the legal process from beginning to end. He or she will need your case facts and evidence and will want to discuss their strategy with you. It is a good idea to take a pen and paper to the consultation so that you can take notes. You will be presented with a great deal of information during your initial consultation, so making notes on what you learned is crucial. Also, make sure to remember any recommendations made by the attorney.

An experienced DWI attorney will know how to approach the case from all angles. Even though most cases do not go to a jury trial, it is vital to hire a lawyer who knows the ins and outs of the criminal justice system. A skilled attorney will know how to challenge the validity of chemical tests in court and how to successfully defend his or her client.

2. Research Attorneys

If you’ve been arrested for a DWI, it’s vital that you find a lawyer with a proven track record. A DWI can affect your life for years. It can cause you to lose your job and create additional legal issues. Also, your insurance company will keep a record of your arrest and conviction for three years. A good DWI attorney can help you avoid these problems by defending your rights.

Before hiring a DUI attorney, you should consider the fees they charge. Depending on the nature of your case, DUI lawyers may charge a flat fee for their services or may require an upfront retainer payment. This fee should be listed in the representation contract. Retainer fees are a good way to negotiate payment plans if you’re concerned about your financial circumstances.

You can start your research by performing a basic Google search. This will yield a large number of results. However, beware of paid listings, which may not be indicative of a lawyer’s experience. Check for credentials as well, such as memberships in professional organizations, relevant board certifications, and awards. A good DUI attorney should have the necessary experience to effectively represent you and your case.

3. Interview Candidates

When selecting a DWI attorney, it is imperative to find someone with experience handling your specific situation. Often, the best way to gauge the suitability of a potential DWI attorney is through his or her client references. These references should be able to attest to the quality of the attorney’s courtroom skills and his or her success rate in pleading guilty. Additionally, you may wish to check with other attorneys in the area to find out the names of reputable DUI attorneys in your area. Once you’ve done so, you’ll be able to interview several of these lawyers to find one that matches your needs.

When interviewing candidates, make sure to bring a list of questions prepared before the interview. This way, you can record the answers or jot down notes. Be sure to ask about their education, experience, and training. Also, don’t forget to ask about their past and current DUI cases, as this will help you gauge their level of responsiveness.

We invite you to contact us or call us today if you need a help from an experienced DUI attorney. Visit our blog for more related articles.

DUI Law Texas - Butler Law Firm - The Houston DWI Lawyer

How A DWI Attorney Can Help You

6 Things Your DWI Attorney Can Do For You

A DWI attorney can help you if you have been charged with a DWI crime. They can help you identify your defenses, understand the law and procedures, and explain your options. They can also help you if you’ve been accused of driving under the influence of prescription or illegal drugs.

1. Identify Your Defenses

If you are accused of DUI, the first step is to find a lawyer who is experienced in defending DWI cases. A DWI lawyer should be familiar with your state’s laws as well as the defenses that you may be entitled to. They should also know how to attack the government’s case. A good DWI attorney will use both science and law to combat the government’s case.

While many lawyers have experience in the field of DUI defense, some are more experienced than others. Hiring an attorney with experience is essential for a positive outcome. They understand the laws and procedures in your state and can communicate with other legal professionals on your behalf. Furthermore, they can practice in your area, which is essential if you are charged with a DUI.

An experienced DWI attorney will carefully investigate the circumstances of your arrest and look into the evidence against you. For example, the police may have not had probable cause to stop you, or the tests they administered were not valid. Those types of defenses can cause key pieces of evidence to be ruled inadmissible. In this way, the prosecutor’s case will be weakened.

A qualified DWI attorney should be accredited by a national organization. This accreditation means that the lawyer has had at least 25 percent of his or her practice focused on DUI defense in Texas. They should also have a track record and references from other attorneys.

2. Understand The Law & Procedures

If you’ve been arrested for a DWI, you need a lawyer who understands the law and procedures that go into these cases. Most DWI arrests occur during traffic stops, sobriety checkpoints, and traffic accidents. Each scenario presents its own unique legal challenges, and a DWI attorney can explore these issues and try to minimize or dismiss your charges.

A DWI attorney in Texas can help you navigate this process. The National Highway Traffic Safety Administration has established determinants for detecting drunk drivers. These determinants are used by police officers to determine whether to pull over a driver and establish probable cause. If law enforcement failed to follow these determinants in your case, a DWI attorney can fight for you.

Understanding the law and procedures of a DWI attorney is essential to a favorable outcome. DWI charges can be emotionally draining, and a skilled DWI attorney can help you navigate this difficult situation. He or she should explain complicated legal terms to you in simple terms. They should also return phone calls promptly.

3. Explain Your Options

Hiring a DWI attorney is an important step in getting the best outcome for your case. You should make sure that the attorney you choose understands all of the possible options, including your defenses, as well as how the court system works. An experienced DWI attorney should be able to thoroughly explain these options and help you understand how your case will be handled.

When you are charged with a DWI, it is important to hire an attorney who understands your constitutional rights. You have the right to counsel and a fair trial, and you have the right to call witnesses in your defense and cross-examine police witnesses. Furthermore, you have the right not to be arrested without reasonable suspicion. Hiring an attorney who knows these rights will be able to fight for you in court.

Hiring a DWI attorney will give you a sense of comfort and confidence during a difficult time. They have handled many similar cases and will guide you through the entire process. They are also familiar with all of the players involved in your case. They will know everything about the officer’s background and disciplinary record, and whether he or she had the legal authority to administer the field sobriety test.

If you are looking for an attorney to represent you in a DWI case, you should look for someone who specializes in DUI law. There are attorneys who dabble in DUI defense but lack the knowledge, experience, and connection to the courts. The lawyer you hire should have a positive reputation with past clients. They should also be honest with you about the potential outcome of your case.

4. Enter Into A Plea Agreement

If you are facing a DWI charge, you need to consider entering into a plea bargain with a DWI attorney. These types of agreements are less harsh than regular court proceedings and can result in reduced fines, jail time, and even a criminal record. However, you still have to face penalties like a suspended license. A qualified DWI attorney will have the knowledge and experience to fight your case.

When negotiating with the prosecutor, remember that the Supreme Court has established specific guidelines for plea bargains. These guidelines set limits on what a prosecutor can agree to. A plea agreement is a great way to reduce the charges and get your case resolved quickly.

In most cases, a plea bargain involves the prosecution and defense lawyer negotiating a favorable outcome for the defendant. In exchange for a reduced sentence, the defendant enters a guilty or no contest plea. However, the prosecutor can choose to decline the plea bargain. When a plea bargain is reached, the judge must approve the agreement before it can be implemented.

A plea bargain involves the defendant pleading guilty to a lesser charge and dropping the more serious charge. This is a legally binding agreement that is usually reached when neither party is willing to risk a trial. A DWI attorney with experience in the plea bargain process can help you achieve the best possible outcome.

5. Retain Experts

Hiring a DWI attorney is a good investment. Aside from their legal expertise, you will also gain peace of mind. DUI cases are often stressful and can leave you feeling uncertain and unsure about how to proceed. Hiring a professional can give you peace of mind that will make the costs of the case worth it.

6. Conduct Your Trial

If you are facing a DWI charge, it is important that you conduct your trial with a DWI attorney. During this stage, the prosecution will have to prove certain elements of your charge beyond a reasonable doubt. An experienced attorney can help you cross-examine police officers involved in your arrest and call expert witnesses if necessary.

An attorney will also fight for your rights. Your Fourth Amendment rights protect you from unreasonable searches and seizures. This means that if you were pulled over for DWI, the officer must have had a legitimate reason to stop you. For example, the officer may have pulled you over because you were swerving. However, if the officer pulled you over because you were drunk, your attorney will be able to file a Motion to Suppress the evidence against you.

Arrests for DWI generally occur in traffic stops, sobriety checkpoints, or traffic accidents. Each scenario poses its own legal challenges and a skilled lawyer can research and address these challenges. Traffic stops usually result in a police officer pulling over a driver and questioning them about their behavior. In a sobriety checkpoint, the police officer orders the driver to pull over, where they then place the driver under arrest.

Your DWI lawyer can identify defenses in your case and collect evidence that supports those defenses. He or she can also argue pre-trial motions that can reduce your charges.

We invite you to contact us or call us today if you need a help from an experienced DWI attorney. Visit our blog for more related articles.

What You Should Know About DWI Cases

7 Facts To Know About DWI Cases

If you have been arrested for a DWI, you should understand the legal process involved. There are many different aspects of a DWI case to consider, including the type of case you’re facing, whether you’ll be facing the suspension of your license, and the penalties you can expect. In addition, it’s important to know what to expect during the trial.

1. Does A Prosecutor Need to Prove the DWI Charges

To successfully prosecute a driver accused of a DWI, the prosecutor must prove that the defendant was intoxicated when the offense occurred. This can be done with the help of blood-alcohol content results or open containers of alcohol. Furthermore, breath-test results can be used to prove the defendant’s guilt.

Arrested For Drinking And Driving In Houston - Butler Law FirmTypically, prosecutors file two DUI charges in the hopes that one of them sticks. In some states, the prosecution only needs to prove that the driver was intoxicated while driving, and it does not matter whether the defendant was driving.

A prosecutor must show that the arresting officer had reasonable suspicion that the defendant was impaired. However, this standard is low. Probable cause is the more likely standard, which means that the prosecution’s evidence must prove that the defendant was intoxicated.

Another common defense is a plea bargain. If the prosecutor has a strong case, they can often negotiate a lesser penalty with the state. However, the client must agree to this deal.

2. Suspension Of Your License

The suspension of your license is a common outcome of a DWI case. The suspension period generally ranges from 45 to 90 days. However, if you are a first-time offender, you may be eligible for an Alternative Disposition (AD) instead. This is a court process that focuses on whether you were lawfully arrested and whether the arresting officer followed proper procedures.

In a DWI case, the driver’s license can be suspended either as a mandatory or permissive punishment. Mandatory suspension is imposed if your blood-alcohol concentration (BAC) level is.08% or higher. If you are arrested and convicted of a DWI, you may be able to get an alternate license while the case proceeds. Alternatively, a suspension can also be imposed after the case is resolved in court.

You should seek legal representation if you are facing DUI charges. The lawyer will be able to explain the details of the case, which includes any loopholes or exceptions to the law. Furthermore, only legal counsel can determine how long your license will be suspended. The license suspension can greatly impact your life.

3. The Legal Defense

Several types of legal defenses are available to you in a DWI or DUI case. First, you have to make sure that the elements of the charge are proven beyond a reasonable doubt. If these elements are not proven, the prosecutor will need to drop the case. After reviewing the facts of the case, your attorney will decide what defense to use against the prosecution.

Second, your DUI defense attorney should be familiar with the law and local court system. He should also have good relationships with the local prosecutors and judges. He should also have the resources and time to investigate the case and challenge the charges. This will help your attorney to get the best possible outcome for your case.

Third, your attorney will have to convince the court that your DWI defense is valid. You will have to prove that your actions were necessary for your safety, and you will have to convince the court that you were under the influence of alcohol at the time.

4. Penalties

Penalties for DWI cases vary depending on the type of offense, and several factors can affect the severity of a conviction. For instance, a minor may receive a different sentence than an adult, and if the defendant has prior convictions, they may also be exempt from the maximum penalty. Penalties can also vary depending on whether the driver was driving with a child in the vehicle.

For the first offense, the penalties are not very severe. However, if the person has multiple offenses in five years, they will face serious penalties. The first offense will carry a minimum fine of $500, and the second offense will be punished with a license revocation of at least six months and a $2,000 surcharge.

After the conviction, the person may also face further consequences. Some jobs will be closed to them. For example, a driver with a DWI case may not be allowed to drive a school bus, a delivery van, or any other vehicle. Moreover, the driver may also face a separate civil lawsuit from the victims of an accident.

5. Aggravating Factors

Aggravating factors in DWI cases are factors that can make your charge more serious and result in more severe consequences. For example, a refusal to submit to a chemical test can result in a higher level of DWI. Although this may seem like a minor detail, it can have a significant impact on the type of DWI you are facing. In addition to affecting the severity of your charge, aggravating factors can also affect the level of penalties you will receive.

A level 1 DWI case carries a mandatory minimum sentence of thirty days. However, if a person can use a continuous alcohol monitor, the sentence can be reduced to 10 days. This way, they can prove that they have not been drinking at all during that time. Aggravating factors will also result in the loss of one’s license for varying periods. If these factors are present in a DWI case, it is best to consult with a DWI attorney to determine what your punishment will be.

A defendant can also appeal the case to a superior court. To do so, a defendant must receive a notice from the state outlining its intent to try the case. This notice must be provided to the defendant at least 10 days before the trial. In addition, the notice must state all the aggravating factors.

6. Should I Represent Myself?

The best way to defend yourself against a DWI charge is to hire an experienced DWI attorney. Even if the case is not a serious one, it can be detrimental to represent yourself if you do not have the right experience. It can also cost you more money if you do not win the case.

If you have an experienced attorney, he or she will be able to negotiate on your behalf. The prosecution will have to give you discovery documents and proof before they can present their case. If you fail to hire an attorney, you may give up your rights to fight the arrest, stop, and evidence.

7. Take The Case Seriously

If you are facing a drunk driving charge, you need to take it seriously. The case is likely to be complicated and overwhelming for the defendant, and the penalties may be harsher than you’d like. Sadly, drunk driving is a serious offense that results in a number of fatalities and disabilities.

Have Your DWI Attorney

In a DWI case, you should have your DWI attorney on your side to make sure your case is handled properly. In addition to obtaining legal advice, an attorney can also research the case to develop the best defenses. A lawyer can help you avoid the consequences of a DWI if you do a few simple things.

DWI cases can be complicated, involving evidence, science, and witnesses. In addition, Texas DWI laws can be difficult and confusing. They can affect your driver’s license suspension, monetary fines, and even imprisonment. With such high stakes, it is important to have an experienced DWI attorney on your side to help you navigate the legal process.

Hiring a DWI attorney can help you avoid penalties such as jail time, heavy fines, and loss of license. In addition, a DWI conviction will have a permanent impact on your driving record, which may limit your future job prospects. We invite you to contact us or call us today if you need the best DWI Law Attorney in Houston. Visit our blog for more related articles.

DUI Law Texas - Butler Law Firm - The Houston DWI Lawyer

Everything You Need To Know About DWI Law

What is DWI Law?

If you have ever been charged with a DUI, you may be wondering what to expect when you’re facing the consequences of your charge. Here, you’ll learn the penalties you can expect, your rights under the law, and the most important factors you need to consider if you’re convicted. This article will answer these questions and much more. Keep reading to find out how the laws affect you. Once you’re aware of what to expect, you’ll be better prepared to face any future consequences.

First DUI Charge

Whether you were arrested for a first DUI charge or have been convicted for a second or third, you are entitled to a defense. Generally speaking, the outcome of your first DUI charge is a guilty plea and court judgment. However, with a proper defense strategy, you may be able to get the charges dismissed or reduced. If you have been arrested for a second or third DUI charge, there are several steps you should take right away to minimize the impact of your arrest.

A first DUI charge under the DWI law is considered a misdemeanor and is punishable by up to six months to a year in jail. Some states, such as New Jersey, have shorter maximum jail sentences for first DUI offenses. Still, many states require jail time for first-time DUI offenders. So, be prepared for jail time. Here’s a basic guide to a jail sentence for your first DUI offense.

Second DUI Charge

If you are caught with a second DUI in less than 10 years, your penalties will be more severe. You will most likely receive a jail sentence of 90 days to 6 months. Additionally, you’ll have to install an ignition interlock device for at least two years and pay for it. A DUI conviction is a serious offense that can have serious financial and personal consequences. For this reason, you should not ignore the consequences of your first DUI.

The first step in a DUI case is an investigation by the police. After speaking to the driver, an officer will write a report describing their observations. During this investigation, the officer may note certain things about the driver, including their appearance, conversations, smells, and other physical traits. Once they’ve completed this investigation, they may arrest the driver based on the results of a breath test and other field sobriety tests.

DUI Penalties

DUI Penalties under DWI Law vary widely depending on your state. Your first offense will likely be a misdemeanor, meaning you can expect to pay fines and spend as little time in jail as possible. Other jurisdictions require a certain minimum period in jail to discourage drunk driving, which can result in a far more serious sentence. Additionally, a third or subsequent offense may result in imprisonment for up to seven years.

In addition to the standard jail time, DUI offenders can also face license suspension. A license suspension can occur when you are found guilty of a DUI, as well as if you are convicted and failed a breath or blood test. You may also be required to take alcohol classes. In addition to the mandatory DUI penalties, you may lose your driver’s license. Your license is also at risk, so hiring a DWI attorney is a wise move.

DUI Conviction

If you were arrested for a DUI, you should consider hiring a DUI defense attorney. A DUI conviction can carry heavy penalties, such as jail time, alcohol classes, and a suspended driver’s license. Taking a breathalyzer test is also considered a violation, and a refusal can result in license revocation for three years or longer. The penalty for refusal also increases if the driver had a minor passenger.

A DUI conviction is the first step in the legal process. Depending on the circumstances, a DUI conviction may carry a hefty fine and license-related penalties. State laws set a range of penalties based on a person’s prior DUI convictions. The first conviction carries a maximum fine of $500, while a second conviction may carry a maximum fine of $2,000, and a third offense could result in up to seven years in prison.

Contact The Butler Law Firm Right Now

Mr. Butler is the owner of this criminal law office in Houston. He will do everything in his power as a legal official to receive the justest outcome for his client. Feel free to contact or call Atty. Jim Butler right now to get your free consultation to see what a skilled attorney can do for you. Visit our blog for more related articles.