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The offense of DWI in Texas is a crime. A DWI is committed when an individual operates a motor vehicle on any highway, street or waterway while under the influence of an intoxicant.

FIRST AND FOREMOST.

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DWI RIGHTS

Texas law states that one is presumed to be under the influence if they have a Blood Alcohol Content (BAC) of .08 or higher. For drivers who have had a prior DWI arrest, they are presumed to be under the influence if they have a Blood Alcohol Content (BAC) of .08.

DRIVER LICENSE SUSPENSION

Your arrest may have included a cancellation of your Texas driving privileges for a specific period of time. YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR ARREST TO REQUEST A HEARING ON THIS MATTER. I believe that this hearing is extremely important, not only to challenge your suspension but also as an opportunity for your attorney to question the arresting officer to find out exactly what he is going to say in court. If you retain the law office of Ken Gibson to represent you, part of that representation includes representing you at the driver license suspension as your lawyer. However, remember you must request this hearing no later than 15 days from your arrest so it is important that you contact me as soon as possible to schedule an appointment. If your Texas driving privileges are ultimately suspended, in most cases we can get you a Texas license that will allow you to drive to and from work.

WARNING BEWARE: TEXAS DRIVER LICENSE SURCHARGE.

Beginning with any Texas DWI or Texas DUI Conviction for an offense committed on or after 09/01/03, the Texas Department Of Public Safety is authorized to charge a surcharge on your Driver’s License. This charge will range from $1,000.00 to $2,000.00 a year for three years. Depending on whether you provided a breath sample, and the results, you could be facing a $6,000.00 fee to keep your license.

BREATH TEST CASES.

I own an Intoxilyzer 5000. If you took a breath test at the jail, this is the same model of machine that you used. I have also completed training under the Department of Transportation regulations as an Intoxilyzer Operator and Maintenance Technician. I also have access to various Breath Test Experts that may be helpful in your case. Just because your results were over a certain limit, does not automatically prove you guilty.

The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real life criminal law is NOT like television. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring a criminal defense trial lawyer can be the most important decision you make.

When you find yourself, a family member, or friend in this situation, you need an experienced and well-skilled attorney who practices only in the area of criminal defense law. For better or worse, criminal law has its own unique practice and methodology. Frequently you will find attorneys who practice criminal law, but also handle personal injury, divorce, and other matters. They may be good attorneys, but I believe that criminal law is too specialized to risk my clients to any distractions facing an attorney who handles multiple types of law and who is not in the trenches everyday.

Please call and schedule an appointment at your earliest convenience, because I can help you through the unfamiliar territory of the criminal justice system. Because each case is different and special, I offer a free initial consultation where you and I can sit down and discuss the charges against you and what options are available to you. To assist you financially in paying any attorney fees, I offer flat rate fees and flexible payment plans that will allow you to hire me as your criminal defense attorney so that I can start immediately to protect your rights.