Archive for February, 2013

How a Texas Criminal Defense Attorney Can Make a Difference in Your DUI Case

Wednesday, February 20th, 2013

In Texas, if you were stopped by law enforcement under the suspicion of a DUI, you could face serious consequences, such as jail time, harsh monetary penalties, or the temporary/permanent suspension of your driver’s license.  That is why it is crucial to consult with an attorney who has the experience necessary to effectively represent you.  Whether you were charged with a DUI for the first time or on multiple occasions, a skilled criminal defense attorney can help you avoid some if not all of the legal repercussions associated with driving under the influence in Texas.  Accordingly, the following is a list of the primary ways in which an attorney can make a significant difference in your case:

  1. Under certain circumstances, a DUI conviction in Texas may result in short or even long term imprisonment.  Only an attorney experienced in handling a DUI case is in the best position to evaluate your case and effectively defend you against your charges.  Otherwise stated, a skilled attorney will examine the strengths and weaknesses of your case and assist you in presenting the strongest case possible on your behalf.
  2. A seasoned criminal defense attorney will fight for your rights and protect your interests at all costs during the pendency of your case.  Without a doubt, you put your life at risk by representing yourself, as many people who do so are often “eaten alive” by the prosecutor and the criminal justice system as a whole.  A seasoned criminal defense attorney will ensure that your constitutional rights are upheld and that you are treated fairly, no matter what.
  3. If you have had multiple DUI convictions, chances are that you will be faced with severe legal consequences should you decide to hire an inexperienced attorney or try and deal with the prosecuting attorney on your own.  An attorney can add significant value in this regard by working with the prosecutor in order to help you avoid the harsh consequences associated with having numerous DUI convictions on your record.
  4. Only an experienced Texas DUI attorney will properly investigate the facts of your case and fight to have your charges reduced or even dismissed.  Perhaps you failed your field sobriety test for reasons other than those related to being intoxicated.  Or, your blood alcohol readings were skewed due to lab error or for some other reason beyond your control.  Whatever the situation presents, it is critical to have an attorney evaluate all of the aspects of your case and defend you accordingly.

If you have been charged with a DUI in Texas, criminal defense Attorney Jack Pettit will take the time necessary to evaluate your case and fight for your rights, every step of the way.  If you wish to discuss your case with Mr. Pettit, contact us today at 214-521-4567.  We accept most major credit cards and provide bilingual services in Spanish.

What You Need to Know about DUI Charges in Texas

Wednesday, February 13th, 2013

If you were arrested for a DUI in Texas, it can have devastating consequences, such as imprisonment, harsh monetary fines, a permanent criminal record and more.   Unfortunately, many people who face DUI charges never thought it would ever happen to them.  In fact, when pulled over by law enforcement under the suspicion of a DUI, people attempt to convince themselves and the arresting officer that they are not impaired.  They also tend to think that they are “ok” to drive after having had a few drinks or better yet, that they drive better while intoxicated.   Notwithstanding, these situations are what leave most people vulnerable to arrest and potential conviction for a DUI in Texas.

            In light of the above, there are many people who do recognize that they have had too much and as a result, choose to pursue what they think are “safer” alternatives to driving the distance home or elsewhere. However, this can still lead to DUI charges in Texas.  Here’s how:

  1. Unbelievably, many people are pulled over for a DUI but were not driving a car at the time of their arrest.  In fact, people have been arrested for driving drunk while on a lawnmower, electric wheelchair, and on a bicycle.  DUI means “driving under the influence”, which does not require that a person be in a car to warrant an arrest.  Hence, do not drive a bicycle or some other vehicle instead of your car while drunk, as it could still lead to potential DUI charges in Texas.
  2. If you have already started driving and realize that you are too impaired to continue, pulling over to the side of the road to “sober up” may not necessarily preclude arrest.  While pulling over is definitely a much safer alternative to driving while impaired, a Texas police officer can still arrest you for a DUI since you already got behind the wheel and exercised control over your vehicle.  In other words, thousands of people are charged with a DUI, even if they were not driving at the time law enforcement spotted them.  Under Texas law, one of the main reasons why people are charged with a DUI is due to the fact that they were physically in control of their vehicle at the time of their arrest.  Hence, people who get behind the wheel yet never take off could still be charged with a DUI since they appeared to be in control of their car at the time they were stopped by police.  This includes putting your keys in the ignition or doing other things that demonstrate to law enforcement that you operated your vehicle while intoxicated.
  3. If you have had a few drinks and are too impaired to drive, it may not be a good idea to wait it out and then get behind the wheel later on.  In other words, finding a ride home may be the best option since your blood alcohol level could remain elevated for an extended period of time after drinking.  Therefore, even if you “feel better” and more able to drive, your blood alcohol content may provide otherwise.

If you have been charged with a DUI in Texas, it is essential to work with an experienced criminal defense attorney that knows the nuances and complexities associated with these types of cases.  Attorney Jack Pettit will take the time necessary to investigate the facts of your case and mount a strong legal defense on your behalf.  If you wish to discuss your case with Mr. Pettit, contact our firm today by calling 214-521-4567.  We accept most major credit cards and provide bilingual services in Spanish.

How an Experienced Criminal Defense Attorney Challenges a DUI in Texas

Wednesday, February 6th, 2013

Many people believe that when faced with a DUI in Texas, they are without legal options.  The good news is that this is completely false.  In fact, just because you were arrested for a DUI does not mean that there aren’t defenses available that may reduce or even dismiss your charges.  For many years, we have successfully defended thousands of clients facing DUI charges in Texas by raising the following challenges:

  1. 1.      Your field test did not properly demonstrate impairment.  Anyone can struggle having to balance on one foot or walk perfectly on a straight line.  In other words, police often arrest people when they cannot successfully complete these and various other parts of a field test however, it could be due to physical limitation or some other valid reason.
  2. 2.      You were arrested after an illegal stop.  A Texas police officer can only pull over a vehicle under a reasonable suspicion that a crime or traffic offense has been committed.  If law enforcement is not justified in having stopped you, your subsequent arrest may be challenged.  Several DUI charges are ultimately dismissed due to the fact that a person’s rights were violated in this regard.
  3. 3.      Your blood test results were inaccurate.  Whether due to improper training, faulty equipment or the failure to use the proper amount of preservative, blood tests can lead to inaccurate results.  As such, a person can be arrested under the suspicion of a DUI even if they consumed little or no alcohol. 
  4. 4.      Your breathalyzer test results were inaccurate.       Several factors can lead to skewed breathalyzer test results, including the age of the machine, the rate at which the test subject was breathing, and if the air temperature was not properly calibrated when the test was administered.      
  5. 5.      You take prescription medication.  Some types of prescription medications can actually cause a blood           or breath test to yield higher than normal results.  Hence, many people are falsely arrested due to the fact that it was their medication – not alcohol – that caused their inaccurate readings.                 

If you have been charged with a DUI in Texas, it is essential to work with an experienced criminal defense attorney that knows the nuances and complexities associated with these types of cases.  Attorney Jack Pettit will take the time to evaluate your case and develop a strategic legal defense on your behalf.  If you wish to discuss your case with Mr. Pettit, contact our firm today by calling 214-521-4567.  We accept most major credit cards and provide bilingual services in Spanish.