The Medlin Law Firm - Gary Medlin

DWI Penalties & Legal Consequences In Texas There are several categories of crimes in general: infraction, misdemeanor, and felony. Texas has added a category between general felonies and misdemeanors called state felonies, but they are still treated as regular felonies. DWI offenses fall into the same three categories. So what are the 3 types of DUI infractions in Texas? Infraction A few states classify driving under the influence by a minor as an infraction instead of a misdemeanor. However, Texas classifies DUI by a minor between 17 and 20 as a class B misdemeanor. There is almost no way that [...]

The Two Main Categories Are DWI & DUI. DWI means that you are over 21 and had a blood alcohol concentration of 0.08 or more. Your first DWI conviction can result in up to 180 days in prison with a minimum of 3 nights in jail. It can result in a fine of up to two thousand dollars. You'll lose your driver's license for at least six months and more often a year. Texas tacks on extra penalties if you have a BAC over 0.15 or were driving with a child in the car. If you cause a traffic accident [...]

Alternative Programs For First-Time DWI Offenders In Texas The law does not allow a deferred adjudication for a DWI. So deferred adjudication is probation for other offenses where the judge does not find the person guilty, and the judge defers the judgment. That is called the deferred adjudication; the judge defers the judgment of guilt. So if the person completes the probation period, then they are not convicted. Diversion programs are a little different from deferred adjudication. Diversion programs typically involve a person entering into some type of program, like a probation program, but it is prior to actually going [...]

How Burping Or Regurgitating Affects Breath Tests If someone belches, burps, or regurgitates after a DWI stop, the officer is supposed to start the 15-minute observation period over again. The theory is that during 15 minutes, whatever got introduced into the mouth would evaporate or would dissipate, so that it won’t affect the test. This is a dubious conclusion, especially if someone might have some dental appliances, such as dentures, crowns, bridges, or braces, that might hold on to some food particles or other things that can absorb alcohol, and keep that in the mouth for longer than 15 minutes. [...]

Our Unique Approach To Defending DWI Cases The thing that sets my firm apart is our experience in handling DWI cases, and our knowledge of the law and science involved in these cases. Our success in handling DWI cases and our reputation with law enforcement, prosecutors and the judges and our ability to successfully handle DWI cases is well known. That translates to benefitting our clients because when we go into court with a DWI case and fighting the case we are going to ask for a trial. The prosecution knows that we have a good chance of winning that [...]

Support & Rehabilitation Options After A Criminal Trial Quite often, when we are preparing for criminal trial, we may have the client do some counseling, or go through some type of treatment. That may not have anything to do with whether they are found guilty at trial, but it can sometimes be very helpful if a person is found guilty to help them with a better result. They might receive a lesser sentence or probation when the prosecution is trying to get jail time. In addition, steps like that are used to help us get the case dismissed. Quite often, [...]

Key Differences Between Jury & Bench Trials A client always has the right to a criminal trial by jury. It is six jurors in a misdemeanor case, and twelve in a felony case in Texas. The right to jury can be waived, and in some cases where we feel confident that the judge is a fair judge on most issues that are particularly important to our client in a case, we may recommend that the client waive a jury. The government also has a right to a jury trial, and they have to agree to waive the jury in that [...]

License Suspension & Reinstatement After A DWI What's the punishment for the first DWI offense in TX? The punishment for driving while intoxicated in Texas depends on your age, your blood alcohol level, the literal impact of the accident if you were in one, and the number of times you've been arrested for DWI. In general, the first offense results in suspension of your driver's license for a minimum of 90 days. If you refuse a chemical test to determine your blood alcohol level, it will be suspended for an additional 180 days unless you're acquitted of DWI. A blood [...]

What Happens To Plea Deals If You Choose Trial? That can be the case and frequently the general procedure is if a plea bargain is rejected and the case goes to trial then that plea bargain is no longer available. Depending on what happens at trial, and if a person is found guilty at the trial, the prosecution may recommend the same thing or they may take a harder stance on it and say we want a worse sentence than what we offered previously. That may depend on the case and it may depend on the prosecutor, so that is [...]

Consequences Of Refusing A Blood Or Breath Test If they refused the breath or blood test, then that refusal can be used as evidence at trial. The prosecutor likes to say, “That person refused the breath or blood test because they know they are guilty”, well that is not true. You have a right to refuse the test. We can successfully fight that argument at trial. The other thing that can happen is that they can go ahead and accuse the person of driving while intoxicated and prosecute them all the way through the trial, but the fact of the [...]