Driving While Intoxicated

If you have been pulled over by a police officer for suspicion of intoxication, it is VERY important that you know the following rights:

DUI (Ages 17-21)

Under Texas Law, those individuals do not need to be intoxicated to be charged with a Class C Misdemeanor of Driving Under Influence. If you are a minor who has been charged with Driving under the Influence, it is important to secure an attorney in order to seek either a dismissal or a deferred adjudication. You may also have the option afterwards to expunge the charge to erase it from your record completely.

DWI/BWI (Driving While Intoxicated/Boating While Intoxicated-Adult)

DWIs are serious charges even if they are first offenses. They include driver license suspensions and the possibility of jail time, even for first offenses. It has been estimated that a first time DWI can cost an average $7,000 without considering the costs of legal representation.

Every DWI is different but fully half of all persons arrested for DWI have an excellent chance of winning their case with the right lawyer. The video recording of the field sobriety test is the primary evidence of intoxication in most DWI cases. Although some cases have breath or blood test as additional evidence, an experienced trial lawyer can attack even those tests.

As a prosecutor and defense lawyer, Mr. Stark has tried hundreds of DWIs of all kinds. That trial experience gives him an advantage in analyzing, negotiating and trying your case if necessary. If a dismissal is impossible, the case may still be reduced. Mr. Stark has also completed the DWI breath testing class administered by the Texas Department of Public Safety and is fully knowledgeable regarding the errors and defenses to both blood and breath testing. Only a full investigation of the facts with a client can reveal all the possible evidence that can be used in each individual case. Our office prides itself in doing the work that needs to be done to get the best possible result for every client. You should expect to produce all written evidence relating to your use of alcohol, to provide all possible witnesses identifying information and sometimes gathering their witness statements. Our office will conduct witness interviews and trial preparation, examine the arrest location, and prepare you to be a witness in your own case if that course of action is advisable. You need someone who has the experience as a prosecutor to prepare you for the trick questions the prosecutor will ask. We will offer you the best of experience and preparation so that the outcome for you will be the best it can be.

DWI COURT: You may be eligible to participate in DWI court, which should be discussed with your lawyer. The benefits from DWI court are:

1. Cases can be resolved in weeks and not months.

2. Length of active reporting on probations may be shorter

3. No community service is necessary unless there are violations of DWI court probation, which may result in a few hours of community service.

4. All state mandated DWI classes are waived.

5. Greatly reduced cost of counseling.

6. Responses to relapses isn’t a motion to revoke jail time.

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