Posted On: February 25, 2008

Collin, Dallas or Denton County, Texas DWI Lawyer: Arrest of a Citizen for DWI

The first step in a DWI is the arrest of a citizen. Before you can be arrested for a crime, an officer must have a reasonable suspicion of criminal activity to pull you over (reasonable suspicion in a DWI is usually a violation of a traffic law such as speeding) and probable cause to arrest you for DWI (probable cause can be as small as having bloodshot eyes or an odor of an alcoholic beverage). Officers usually develop probable cause by administering field sobriety tests to a citizen. After these tests the citizen is normally handcuffed and transported to a jail facility where he or she is asked to submit to a breath or blood test.

Posted On: February 20, 2008

Collin, Dallas or Denton County, Texas DWI Attorney: Bail, getting out of jail

Once arrested, you must post a bond (bail) to get out of jail. The bond is your promise to appear at your court settings. The amount of you bond depends on the county, the seriousness of the charge and your criminal history. You post a Cash Bond (where you put up the entire amount), or a bail bond through a bondsman. If you post cash a bond, you are entitled to that money back (minus a small percentage to the court clerk) once your case is over. If you use a bond company any amount you paid to the bondsman will be retained by that bondsman as their "fee" for putting up the rest of the money for you.
PLEASE NOTE: If you bonded out of a city jail (i.e. Frisco, Plano, McKinney, Richardson, Denton), you will probably have to go to the County Jail to get processed in. You usually need to do this within 10 days of your release. If you were taken directly to the County Jail (McKinney for Collin County, Lew Sterrit for Dallas County, or Denton for Denton County), you would not need to go back to check yourself in.
CONDITIONS OF BOND: The judge or magistrate may also require certain conditions of bond if they choose. One of the most common conditions is that you install an ignition interlock device on your car. This is actually a REQUIREMENT of your bond if you are charged with DWI 2nd.

Posted On: February 19, 2008

Collin, Dallas or Denton County, Texas DWI Lawyer: Filing of a DWI

After an arrest, the arresting officer will complete a written report and send it, along with any videos and blood/breath test results, to the District Attorney’s office in the county of the arrest. Once the evidence arrives at the DA’s office, attorneys in the intake division review the evidence and decide whether or not to accept the case for prosecution and file an “Information” with the court (this is the misdemeanor process) or submit the information to a grand jury for an indictment (this is the felony process).
Very rarely, cases are dismissed by the district attorney. The district attorney will accept the case for prosecution in almost EVERY DWI case. If you have been arrested for a misdemeanor DWI, it usually takes 20-40 days from the date of your arrest before the case is filed and you are issued your first court date. The felony process is much longer and it can be several months before your case is presented to a grand jury and you are issued a court date.

Posted On: February 17, 2008

Collin, Dallas or Denton County, Texas DWI Lawyer: First Appearance, Announcements, Plea Settings, and Pre-Trial Dates

The courts title settings (dates you are required to attend court) as: first appearances, announcements, plea setting, and pre-trial dates.
First Appearance— the “first appearance” is the first setting that an accused citizen must attend. At the first appearance, the court and the district attorney is informed whether you are represented by counsel. As your attorney, I will then visit with the prosecutor and learn more about your case, request a copy of the police report and drop off a video to get a copy of the video of your arrest and/or breath test. It usually takes the district attorney’s office a month to send all the information to my office.
Announcement Settings--Depending on the court, there will be 2 or more announcements. The purpose of the announcement settings is to inform the court whether we are ready to set your case for a trial or a plea. Your presence at these setting may or may not be required depending on which court your case is assigned.
Plea Settings—If you decide to plead guilty in your case, the court will assign you a plea setting. At this setting, you and I will stand before the judge and enter you plea. After that, you will make arraignments to pay any fine or court costs and meet with the probation department or make arraignments to serve out your sentence. No matter what they are called, these announcements are simply court settings, where I will have the opportunity to visit with the prosecutor and learn more about your case. I will speak with the District Attorney handling your case, get a look at a police report and drop off a video to get a copy of the video of your arrest and/or breath test.
Pre-Trial Setting—The pre-trial setting is usually held the Thursday before your trial date. At this setting, the judge will inform us whether or not your case will be reached on trial date. If it is reached, you will be required to show-up on the trial date. If it is not reached, your case will be reset. It is important to remember that there are other trials set the same day as yours. The oldest trial usually will be tried first.
Length between settings—Depending on the court, there is usually two weeks to one month between each of the above settings
Are you Required to Attend the setting-- I will attend ALL of these court settings. Occasionally, though, I will have a conflict where I cannot attend, I may have another attorney cover the setting. Depending on the county and the judge, you may or may not have to attend these settings. In general, you do nothing at these hearings except to show up and prove you haven't fled the country.

Posted On: February 15, 2008

Collin, Dallas or Denton County, Texas DWI Attorney: Video Review Session

With all of my DWI cases, I will hold a video review session. During your video review session, we will look at the police report from you case, and review any video evidence from your case. I explain the legal and factual issues that are either good or bad for you. After we go through the entire video and all police reports, I will give you my opinion on what I think your chances are if we were to go to trial and the pros and cons of going to trial or entering a plea deal. It will then be up to you to decide if you want to plea not guilty and have a trial, or to plea guilty and accept the state's plea bargain offer.

Posted On: February 12, 2008

Frisco, Plano, Dallas DWI/DUI Lawyer
Collin County DWI Criminal Defense Lawyer
Dallas County DWI Criminal Defense Attorney

Hello, my name is Troy Burleson and I am a criminal defense attorney who specializes in defending citizens accused of DWI, DUI and other drunk driving offenses. If you have recently been arrested and charged with drunk driving, you probably have many questions and concerns. I built this web site to help answer questions from people like you about DWI laws, the criminal process and other related topics. I hope you find the information informative.

If you would like more information about your DWI case, or if you would like a free no-obligation consultation, contact my office today toll free at (866) 439-2182.


How Can I help you? If you are facing a drunk driving charge, you need an experience DWI attorney to protect your legal rights, defend your driving privileges and attempt to reinstate your good name. I have helped guide hundreds of clients through successful plea bargain negotiations and trials as a criminal defense attorney. While most lawyers claim to be experienced trial attorneys, few can match my actual trial experience. As an attorney, I have represented clients in over 150 trials. In 2008 alone, I defended clients in over 40 trials. Most “trial” attorneys will not have that many trials in 5 or 10 years. Because of my trial experience, I have earned a reputation from judges, prosecutors and other criminal defense attorneys as a tough, skilled trial attorney. I look forward to meeting with you to discuss how I can help with your case.

“I have dedicated my law practice to providing quality, cost-effective legal representation to people like you who are accused of a drunk driving offense. I look forward to meeting with you and helping guide you through this trying time in your life."

- Collin County, Texas DWI/DUI defense lawyer Troy Burleson
troy-image.jpg
FREE evaluation regarding your DWI or DUI case

Driving While Intoxicated FAQ's
1. How can I save my driving privileges?
2. What are the biggest mistakes people make after being arrested for DWI?
3. What happens after a DWI arrest?
4. Will I go back to jail?
5. What mistakes do officers frequently make during DWI arrests?
6. What are the risks of having a trial?
7. I believe I was intoxicated and want to plead guilty; do I still need an attorney?

The Legal Limit. The legal limit for intoxication in Texas is a .08 blood alcohol concentration (BAC). However, drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Texas also has a zero tolerance law; meaning it is illegal for anyone under 21 to drive with any detectable amount of alcohol.

Texas DWI Laws

How much is too much? Impairment begins with the first drink. Gender, body weight, the number of drinks consumed and the amount of food in one's stomach affect the body's ability to handle alcohol. Women, younger people and smaller people, whether male or female, often have lower tolerances.

Definition of “Intoxicated.”
Under Texas law, “Intoxicated” means:
• NOT having the normal use of your mental faculties; or
• NOT having the normal use of your physical faculties; or
• HAVING an alcohol concentration of .08 or more at the time of driving.


>Calculate Your BAC

What are your rights if stopped for DWI? If you are stopped by an officer and questioned about drinking, you have a RIGHT TO:
• Remain Silent;
• Refuse ALL Field Sobriety Tests;
• Refuse a Breath or Blood Test;
• Request a Hearing to Contest Your License Suspension.

Act Now to Protect Your Freedom, Driving Privileges and Legal Rights


Contact The Law Office of Troy P. Burleson, P.C. Today:

If you or a loved one has been arrested or charged with a DWI or DUI within Collin County, Texas and the surrounding cities of McKinney, Allen, Frisco, Richardson, Dallas, Denton, Wylie, Addison, Prosper, Celina and The Colony, Texas and you need the help of an experienced drunk driving defense lawyer, call the Law Office of Troy P. Burleson at (866) 439-2182 to schedule a free, no-obligation consultation with an experienced Texas DWI defense trial attorney.

CONTACT US TODAY

Posted On: February 11, 2008

Do I Still Need an Attorney If I Want to Plea Guilty? YES!
from collincountydwiattorneys.com

Let’s face it, sometimes people are guilty and did exactly what the police accused them of doing. We have many clients come into our office and say, “I am guilty. I just want to plea guilty and get this over.” If you have similar thoughts about your DWI case, then you may be asking yourself if you really need to hire an attorney. The answer is YES for the following reasons:

To Make Sure Your Rights Were Not Violated
As a United State’s citizen you have Constitutional rights that protect you from unlawful arrests, searches and seizures, as well as, protect you from unlawful interrogations. Police officers are human. Unfortunately, this means that from time to time an officer may violate a person’s Constitutional rights during a stop, detention, arrest or questioning of a citizen accused of a crime. If your rights are violated, then you may have a right to have the case against you dismissed, or in the alternative, prevent certain evidence from being used against you. We ensure that our clients’ rights have not been violated, in any way, on ALL CASES regardless of whether the client wants to plead guilty or have a trial


To Make Sure There Are No Problems with the State’s Evidence
Often, problems arise with the State’s evidence. Videotapes get lost, witnesses have conflicts or cannot be found, officers transfer employment, etc. If you do not have an attorney, then the State may not inform you of any evidence problems. We always review the State’s evidence with our clients and look for problems that may be fatal to the State’s case.


To Make Sure the State Can Prove You Guilty both Legally and Factually

Just because you are arrested by a police officer does not mean that you are guilty of a crime. The level of proof needed for an officer to arrest and charge you with a crime is no where near the level needed for a jury to convict you of the crime. There may be many legal or factual defenses to your case. Our job, with every client, is to review all evidence to look for factual or legal defenses that may prevent a jury from finding you guilty.

To Make Sure You Are Treated Fairly and Receive a Fair Punishment
There is a large range of punishment for a DWI in Texas. For a first offense DWI, the State can put you in jail for up to 180 days, give you a fine of up to $4,000 or put you on probation for up to 2 years. Most prosecutors have cookie-cutter plea recommendations for ALL defendants. Prosecutors rarely consider your background, history, circumstances, how you treated the officers or many other factors that could mitigate your sentence. Our job is to make sure that, should you decide to plea guilty, you are treated fairly and receive a fair sentence.

To Defend Your Right to Drive
One of the most important reasons to hire an attorney if you are charged with DWI is to help protect your right to drive. If you are charged with DWI in Texas, there are two possible license suspensions. The first is an ALR suspension. The second is a suspension if you are found guilty of DWI. An attorney is needed to properly fight for your right to drive at and, if necessary, draft and present a petition for an occupational driver’s license to a judge. Remember, if you don’t address your license suspension, or if you don’t know how to address it, you could face additional criminal charges should you operate a motor vehicle.

Act Now to Protect Your Freedom, Driving Privileges and Legal Rights:

If you or a loved one has been arrested or charged with a DWI or DUI within Collin County, Texas and the surrounding cities of McKinney, Allen, Frisco, Richardson, Dallas, Denton, Wylie, Addison, Prosper, Celina and The Colony, Texas and you need the help of an experienced drunk driving defense lawyer, call the Law Offices of Biederman & Burleson today at (866) 439-2182 to schedule a free, no-obligation consultation with an experienced Plano, Texas DWI defense trial attorney.

Contact Us

Toll Free: (866) 439-2182

Posted On: February 11, 2008

DWI Trial Risks

"If I have a trial, what are the risks?"

There is no better reason to have a trial and fight your DWI charge than believing you are NOT Guilty. Frankly, the reason most people come to our office, and hire us as their attorneys, is because they ultimately want to fight their charges and use our services for a trial. However, most of our clients want to know what are the risks to setting their case for trial.

Evaluating the Risks of Setting a DWI Case for Trial
A major part of our representation is to assess the risks and rewards of fighting a client's DWI case in a trial. Once we obtain all of the evidence the State has against you (police reports, witness statements, videos and any blood or breath evidence) we have a video review session with each client. At this session we go over all the evidence the State has against you and evaluate the strengths and weakness of the case. We look for legal and factual defenses to the State's case. After we review all of the evidence, we will give you an opinion in the form of a percentage chance (20, 50, 70, etc.) of winning your case should it be set for trial and point out the possible defenses that form our opinion.

After we review your case for possible defenses, we go over the State's plea bargain offer. We then give you our opinion on the offer, is it too high, is it fair, etc. Then, we give you our opinion on what your potential punishment would be if we lost your case after a trial. After, we asses the risks and rewards of setting your DWI case for trial, then you will decide if it is worth the risks, if any, of having a trial.

If you are found guilty is the punishment going to be worse?

Typically, if you set your DWI for trial and are found guilty the punishment will be close to the same, or in most cases even less, than the punishment offered by the State as a plea bargain. The reason is because most prosecutors have specific punishment guidelines that they are not allowed to deviate from in plea negotiations. It doesn't matter to prosecutors that you are a good person, have never been in trouble before, were cooperative and polite to the officers, etc. However, those facts do matter to juries and judges and they can, and usually do, take those factors, and many others, into consideration when assessing punishment. As such, more often than not, there is little risk of being punished more if you are ultimately found guilty after a DWI trial.

To schedule a free, personal evaluation of your DWI case contact our office today.

Posted On: February 11, 2008

Police Mistakes

For a review of common mistakes police make during DWI arrests, see the article below from our website www.collincountydwiattorneys.com.

Here is the complete article:

Mistakes the police make . . . and how they can help you:

Before and During the Stop of a Citizen:

1. Stopping a vehicle on the basis of an anonymous call. An officer can not rely on a phone call to stop you if he does not have a name and address for the caller.
2. Basing an arrest on the statements of the driver alone. The officer must have independent evidence to corroborate these statements. This often arises when he has not seen you in physical control of your car.
3. Detaining a driver longer than is reasonable to investigate. The constitution does not allow officers to hold you without limit.
4. Stopping a vehicle without an articulable suspicion. An officer can not stop you just because he thinks you are suspicious.
5. Stopping a vehicle because it stops in the middle of the street or it is driving too slow. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you.
6. Weaving within a lane. The statute only requires you to drive as nearly as is practical within a single lane. Some cases hold that one weaving into the shoulder is not enough reason for a stop.
7. Stopping a vehicle based on a misperceived violation of a law. The officer must be right about his interpretation of the law.
8. Stopping a vehicle for an improper sign. Street signs and lane markings must comply with Texas law.
9. Failing to follow the rules of the Department of Public Safety, Breath Testing Manual. These failures may invalidate any alcohol testing.
10. Stopping at an improper roadblock. There are guidelines that must be followed to validate the stop.
11. Stopping a vehicle just to check the driver's license and registration. There must be an actual traffic violation or an articulable suspicion of a crime.
12. Stopping a vehicle without being able to identify it as the one actually committing a traffic infraction. Officers must be able to convince the Court that they stopped the right car.
13. Stopping a vehicle for no reason at all. It's done. Officers usually do not show up in Court for these cases.
14. Blocking a vehicle's exit without justification. Officers may not restrict a driver’s freedom to leave without a reason.

After the Stop, During Sobriety Testing:

1. Giving legal advice. An officer cannot give you legal advice or tell you what may happen to you, legally, regarding your rights or your case.
2. Coercing you to take sobriety tests or a breath or blood test. Doing so may prevent the results from being admitted into evidence.
3. Assuming that driving behavior is related to alcohol consumption -weaving due to reaching for a cell phone or other distraction but not because of intoxication.
4. Turning odor of alcohol into intoxication and using it as evidence of excessive consumption. Other factors that may cause an odor of alcohol include mouthwash, denture solutions, or having an alcoholic drink accidentally spilled on one's clothes, minimal consumption, etc.
5. Failing to ask pertinent questions about driver’s medical problems – many medical issues imitate clues of intoxication or are too personal to discuss with a DWI cop.
6. Officer fails to explain how past medical issues that you no longer consider a disability can cause you to fail to perform the test to his satisfaction.
7. Failing to disqualify persons who are physically unable to pass the SFSTs. A great number of people cannot pass these exercises even while totally sober. The officer has no comparison of how you would perform the same test on your best day.
8. Being aware of, but failing to eliminate, distractions during SFSTs such as loose gravel, surfaces that are not level, environmental issues (misting, wind blowing, darkness), flashing lights, etc. These factors are under his control since he picks the time and place for the testing.
9. Failing to give proper instructions during the instructional phase of the SFST's. If any one of the SFST elements is changed, the validity of the test is compromised! Officers will later say that he "substantially complied" even though any deviation on your part results in failure.
10. Failure to give proper instructions during the administration phase of the exercise – if any of the SFST elements is changed, the validity is compromised! The Officer must give proper instructions and demonstrate the test to the citizen in the proper manner before the Walk and Turn Test and One Leg Stand Test can be performed. If the Instructions or Demonstration is done incorrectly by the officer, then the results cannot legitimately be used against the citizen.
11. Failure to follow proper sequence of the SFST as per NHTSA Manual – if any of the SFST elements is changed, the validity is compromised! The officer cannot just make it up as he goes, although this is how many officers do their job.
12. Administering invalid “tests” which are not supported by research studies – the officers are using exercises which have a 50/50 reliability rate (flip a coin). Many DWI cops will use tasks that they know have been rejected by the researchers and are not part of the Standardized program.
13. Tricking the person/driver into taking breath test by suggesting they will be released if they pass the test. Also, reading the paperwork to the person incorrectly or using outdated paperwork - renders the breath test result suppressible. Believe it or not, there are rules that the cops must follow in order to get the breath test results into a courtroom.

These mistakes, and many others, may be cause for legal and factual defenses to a DWI charge. If you have been charged with DWI and believe the arresting officer may have made one of the mistakes above, CALL OUR OFFICE IMMEDIATELY at 866-439-2181 for a free consultation to discuss these and other issues.

Act Now to Protect Your Freedom, Driving Privileges and Legal Rights:

If you or a loved one has been arrested or charged with a DWI or DUI within Collin County, Texas and the surrounding cities of McKinney, Allen, Frisco, Richardson, Dallas, Denton, Wylie, Addison, Prosper, Celina and The Colony, Texas and you need the help of an experienced drunk driving defense lawyer, call the Law Offices of Biederman & Burleson today at (866) 439-2182 to schedule a free, no-obligation consultation with an experienced Plano, Texas DWI defense trial attorney.

Posted On: February 11, 2008

If I plea guilty, or found guilty after trial, am I going back to jail?

If I am convicted or plead guilty will I go back to jail?

Under Texas Law, if you are found guilty or plead guilty to a DWI, then the State could put you in jail for up to 180 days (for a first offense) to 1 year (for a second offense).

Texas DWI Punishment

However, for most clients, the only time they will spend in jail is the time they spend on the night of their arrest. Most people charged with DWI will ultimately avoid serving any additional jail time by accepting, or being placed on, probation. However, certain factors may prohibit a person from avoiding jail.
Under certain circumstances, a person may be given a jail sentence by the State or a judge or jury. Typically, jail time may be a realistic possibility under the following circumstances, to name a few:
• You cause an accident while intoxicated;
• You have prior offenses;
• You had an extremely high level of intoxication;
• You endanger others by driving erratically or in an extremely dangerous manner;
• You were belligerent or extremely rude to the officers;
• You exhibited bizarre behavior during your arrest;
• etc.

Probation may NOT be the best option for YOU
Under some circumstances, YOU may want to go to jail should you be found guilty or plead guilty in your DWI case. Probation is not for everyone. There are hidden fees, time commitments, travel restraints and a general uneasiness of being under the State's thumb for a period of time. In addition, any violation of your probation terms, no matter how minor, could cause you to go to jail for a long period of time without much ability to prevent it.

As such, some clients, especially young people and those who hold professional type jobs, may opt for a short jail term instead of probation. Remember, the minimum jail term for a first offense DWI is 72 hours. A probation term for the same offense could be up to 2 years. Would you rather deal with this for 72 hours or for 2 years?

We guide you in the Punishment phase of your DWI
A major part of our job as your attorney is to give you all the punishment options so that you can choose the best option should you plea guilty or are found guilty to get your life back to normal as quickly and with less disruptions as possible.

Posted On: February 10, 2008

Collin, Dallas or Denton County, Texas DWI Attorney: Trial

If you plea "not guilty," you will have a trial in which either a judge or jury will determine whether or not you are guilty beyond a reasonable doubt. You may either have a bench trial in front of a judge or a jury trial in front of other citizens. In general, most trials are held before a jury.
The jury trial will start with vior dire or jury selection. It is the attorney's opportunity to talk with the potential juries about their thoughts and beliefs. In a misdemeanor DWI cases, the judge brings in about 20-25 people. From them, 6 jurors will be selected to sit on your case.
After opening statements, the state will put on their case. They may call as many witnesses as they wish, but in general will only have a few. Any officers on the scene, anyone working the breath test machine, any possible witnesses to your driving, and possibly the "Technical Supervisor" of the breath test machine.
After the state's case, we may or may not call any witnesses. You will have the opportunity to testify if you wish, but generally you do not need to do so. If you do not testify, the jury will be instructed not to hold that fact against you in your case.

Posted On: February 5, 2008

Collin, Dallas or Denton County, Texas DWI Lawyer: Punishment Phase

If you are found guilty by a judge or a jury, the case will proceed on to a punishment phase. During this phase, the state may bring up your criminal history and make a sentence recommendation to the judge or jury. Juries usually give less punishment that judges. However, most people have the judge assess punishment in their case because it is usually easier to predict how a judge will punish certain defendants. Before the trial begins, we will discuss the pros and cons of electing the judge or the jury to assess punishment.

Posted On: February 1, 2008

PLANO DWI ATTORNEY | TROY BURLESON | COLLIN COUNTY DWI LAWYER | DUI LAWYER

Frisco, Plano, Dallas DWI/DUI Lawyer
Collin County DWI Criminal Defense Lawyer
Dallas County DWI Criminal Defense Attorney

Troyburleson%20005%20copy.jpg

Hello, my name is Troy Burleson and I am a criminal defense attorney who specializes in defending citizens accused of DWI, DUI and other drunk driving offenses. If you have recently been arrested and charged with drunk driving, you probably have many questions and concerns. I built this web site to help answer questions from people like you about DWI laws, the criminal process and other related topics. I hope you find the information informative.

If you would like more information about your DWI case, or if you would like a free no-obligation consultation, contact my office today toll free at (866) 439-2182.


How Can I help you? If you are facing a drunk driving charge, you need an experience DWI attorney to protect your legal rights, defend your driving privileges and attempt to reinstate your good name. I have helped guide hundreds of clients through successful plea bargain negotiations and trials as a criminal defense attorney. While most lawyers claim to be experienced trial attorneys, few can match my actual trial experience. As an attorney, I have represented clients in over 150 trials. In 2008 alone, I defended clients in over 40 trials. Most “trial” attorneys will not have that many trials in 5 or 10 years. Because of my trial experience, I have earned a reputation from judges, prosecutors and other criminal defense attorneys as a tough, skilled trial attorney. I look forward to meeting with you to discuss how I can help with your case.

“I have dedicated my law practice to providing quality, cost-effective legal representation to people like you who are accused of a drunk driving offense. I look forward to meeting with you and helping guide you through this trying time in your life."

- Collin County, Texas DWI/DUI defense lawyer Troy Burleson
troy-image.jpg
FREE evaluation regarding your DWI or DUI case

Driving While Intoxicated FAQ's
1. How can I save my driving privileges?
2. What are the biggest mistakes people make after being arrested for DWI?
3. What happens after a DWI arrest?
4. Will I go back to jail?
5. What mistakes do officers frequently make during DWI arrests?
6. What are the risks of having a trial?
7. I believe I was intoxicated and want to plead guilty; do I still need an attorney?

The Legal Limit. The legal limit for intoxication in Texas is a .08 blood alcohol concentration (BAC). However, drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Texas also has a zero tolerance law; meaning it is illegal for anyone under 21 to drive with any detectable amount of alcohol.

Texas DWI Laws

How much is too much? Impairment begins with the first drink. Gender, body weight, the number of drinks consumed and the amount of food in one's stomach affect the body's ability to handle alcohol. Women, younger people and smaller people, whether male or female, often have lower tolerances.

Definition of “Intoxicated.”
Under Texas law, “Intoxicated” means:
• NOT having the normal use of your mental faculties; or
• NOT having the normal use of your physical faculties; or
• HAVING an alcohol concentration of .08 or more at the time of driving.


>Calculate Your BAC

What are your rights if stopped for DWI? If you are stopped by an officer and questioned about drinking, you have a RIGHT TO:
• Remain Silent;
• Refuse ALL Field Sobriety Tests;
• Refuse a Breath or Blood Test;
• Request a Hearing to Contest Your License Suspension.

Act Now to Protect Your Freedom, Driving Privileges and Legal Rights


Contact The Law Office of Troy P. Burleson, P.C. Today:

If you or a loved one has been arrested or charged with a DWI or DUI within Collin County, Texas and the surrounding cities of McKinney, Allen, Frisco, Richardson, Dallas, Denton, Wylie, Addison, Prosper, Celina and The Colony, Texas and you need the help of an experienced drunk driving defense lawyer, call the Law Office of Troy P. Burleson at (866) 439-2182 to schedule a free, no-obligation consultation with an experienced Texas DWI defense trial attorney.

CONTACT US TODAY

Posted On: February 1, 2008

Collin, Dallas or Denton County, Texas DWI Lawyer: Expunction / Clearing Your Record

If you are found not guilty by a judge or a jury, you will eligible for an expunction of your record. However this does not happen automatically. The expunction process requires filing and expunction request with the court and sending the signed expunction to law enforcement agencies to remove all references to your arrest from databases. Once you are found not guilty, I will guide you through the expunction process and clean your record.