Driving While Intoxicated
DWI, Intoxication Assault, Intoxication Manslaughter, Boating While Intoxicated,
Driving Under the Influence, DUI
Telephone: 214.521.9100

DALLAS' PREMIER DWI/DUI LAWYERS

    The penalties for drunk driving are becoming frighteningly severe. In fact, these laws have become so harsh that even the act of refusing a breath or blood alcohol test can result in a mandatory driver's license suspension. At Wyde & Associates  in Dallas, Texas, we aggressively defend the rights and interests of people charged with a DWI (Driving While Intoxicated) or a DUI (Driving Under the Influence). 

  WHO WOULD YOU WANT HANDLING YOUR DWI?

     A former Judge or just a former prosecutor?  Among the attorneys at Wyde & Associates are a former Dallas County Criminal Court Judge, and all of our attorneys have more than 20 years experience practicing law.  Simply put, there is no better assembled team of lawyers with more knowledge and experience in the litigation of Intoxication related offenses. We understand how the police handle, and mishandle, DWI arrests, and how the prosecutor's office builds DWI cases.

     Our DWI attorneys understand how to challenge ‘field’ tests and breath tests, how to help people obtain occupational driver's licenses, and how to avoid the increasingly harsh DWI penalties. It has been said that “a cheap lawyer can be the most expensive lawyer you ever hire”. This is especially true of DWI attorneys. Including fines, increased insurance premiums, driver's license surcharges, automobile interlock devices, and legal fees, the impact on earnings a DWI conviction can have on your lifetime earning power can cost upwards of $75,000.00 or more. In addition, it can result in jail time and a permanent criminal record.

     Our DWI lawyers quickly begin preparing your DWI defense. Once you receive a notice of suspension there are only fifteen days to request a hearing in order to prevent an administrative license suspension or automatic license revocation. We thoroughly prepare to represent our clients at the suspension hearing. This is but the first step in our comprehensive approach to DWI representation. Our attorneys examine the in-car video to ensure the officer had probable cause to make the initial stop and begin field sobriety tests. We determine whether the ‘field sobriety tests’, breath tests or blood tests were properly administered. The lawyers at Wyde & Associates defend our clients with every strategy, tactic, and ounce of energy at our disposal. Our goal is simple: to win.

 ALR (THE TRIAL BEFORE THE TRIAL)

 Aggressive Administrative License Revocation Representation

     If a hearing request is not made to the Department of Public Safety within fifteen days of receiving a notice of suspension, the Automatic License Revocation (ALR) is required. At Wyde & Associates , in Dallas, Texas, we quickly begin preparing the case to defend our clients facing administrative licenses revocation in relation to a Texas DWI/DUI.

 Challenging Administrative License Revocations (ALR)

    When charged with a DWI, two simultaneous legal proceedings are initiated, one criminal and one civil. The civil proceeding is aimed at revoking the driver's license of the person charged with driving while intoxicated. The police are required to take the driver's license of the suspect and issue a temporary driving permit that is valid for forty days from the date it is issued. This suspension is automatic unless a hearing is requested within fifteen days.

     Several things can happen at the ALR hearing. If the arresting officer does not appear, the complaint is often dismissed and the license suspension is avoided. This does not end the criminal proceeding related to the DWI arrest. If the ALR hearing proceeds the Department of Public Safety must show:

1.  Probable cause existed to stop and arrest the driver.

2.  That the person arrested was in physical control of the automobile at the time of the stop.

3.  The arresting officer provided the suspect the opportunity to give a breath or blood test and was informed, orally and in writing, of the consequences for refusing or failing the tests.

4. The suspect had a Blood Alcohol Concentration (BAC) over .08 or higher or that the suspect refused to provide a sample.

      The lawyers at Wyde & Associates are continually working to help our clients avoid the harsh penalties associated with a DWI/DUI conviction. While we are representing our clients at the ALR hearing, we are constantly aware of the parallel criminal proceeding and understand how to leverage testimony from the ALR hearing to help prepare for the criminal proceedings associated with a DWI/DUI arrest. By challenging each and every aspect of the case against our client at the ALR hearing, we are able to better prepare for the criminal proceeding. Even when we cannot prevent the administrative license revocation, we can often obtain an occupational driver's license that will allow our clients to drive to and from work.

A TYPICAL DWI PROBATION

1. Commit no other crimes
2. Pay all fines and court costs (payment schedules are allowed
3. Fines generally run around $800 to $1,000
4. Court costs generally run around $300 to $450
5. Report to probation once a month for 18 to 24 months
6. Pay $60 a month in probation fees
7. Take a DWI education program ($50)
8. Attend a MADD Victim Impact Panel (VIP) ($20)
9. Take a drug and alcohol evaluation ($30)
10. 24 to 48 hours of community service restitution ($50)
11. Pay $25 to crime stoppers
12. Do not leave the state without permission
13. Do not spend the night outside of Dallas County
14. Do no move (relocate) without court permission
15. *Submit to periodic drug testing (about $35 per test)
16. *Consume no alcohol
17. **Keep an interlock device in your vehicle ($80 per month)
18. *Have a SCRAM device on your leg ($360 a month)

And of course, if you failed in any one of these requirements, you could be made to serve up to 180 days in jail. With all of these conditions of probation, can you why a weekend in jail might look good to some people?

*Not required by most judges under most circumstances
**Required by state law with breath or blood tests 0.15 or higher

 FIELD SOBRIETY TESTS AND TEST INFORMATION

      Field sobriety tests are designed to give police probable cause to make an arrest. Many people cannot pass a field sobriety test even when sober. Breath tests or blood tests give arresting officers hard evidence of guilt or innocence. The primary difference is that while a suspect can refuse a field sobriety test with no penalty, refusing a breath test or a blood test will result in an automatic administrative license revocation.

 ASSISTING CLIENTS IN MAKING INFORMED DECISIONS

     At Wyde & Associates in Dallas, Texas, our DWI lawyers are committed to helping people make informed decisions with regard to their DWI. The police have extensive training in how to spot drunk drivers and how to administer field sobriety tests. Most people have seen video of police administering at least some of the three segments of the field sobriety test: the horizontal gaze nystagmus (HGN), the walk and turn, and the one leg stand. What most people do not know is that the police expect DWI suspects to perform perfectly and an imperfect performance will usually result in an arrest. While there is no legal penalty for refusing the field sobriety tests, a refusal will usually result in an arrest.

     Field sobriety tests must be administered in a proper manner. Deviations from the proscribed method can result in evidence being found inadmissible during a criminal trial or civil hearing. In addition to the three standardized tests, police may administer tests involving recitation of the alphabet backwards, counting backwards, or the “Rhomberg” balance tests.

BREATH AND BLOOD TESTS

     Most police cruisers do not have portable breathalyzers, so officers who suspect someone of driving under the influence must place them under arrest and transport them to the police station for a breath test or a blood test. The Texas Implied Consent law compels drivers to submit to a blood or breath test or face driver’s license suspension. A wide range of circumstances can affect both tests. Some things that can influence the tests are the consumption of large amounts of alcohol immediately prior to driving, the calibration of the breathalyzer, and the reliability of the lab where the blood sample is tested.

     Our DWI lawyers work hard to help our clients make informed decisions through any DWI proceeding. Our attorneys are unmatched when comparing skill, experience, and knowledge when it comes to effectively represent our clients interests.

HELPING ACQUIRE AN OCCUPATIONAL DRIVERS LICENSE

     When the police have properly followed procedure and a suspect has failed a breath or blood test, it is not always possible to prevent an Administrative License Revocation. In these cases, our attorneys always work to help people get an occupational driver's license.

Getting an Occupational Driver's License

     An occupational driver's license allows people to drive to and from work, to medical appointments, to school, as well as to perform essential household duties. However, occupational driver's licenses are not automatically granted. At Wyde & Associates in Dallas, Texas, our lawyers regularly assist people who have had their driver's license suspended apply for an occupational driver's license.

     A judge is required to sign an order granting an occupational driver's license before one will be will be issued by the Department of Public Safety. In addition to a judge's order, the Department of Public safety requires that a number of fees be paid, including re-instatement fees and issuance fees. DPS will also require that the person being granted the occupational driver's license carry SR-22 insurance, an expensive insurance policy that requires the insurance company to inform the Department of Public Safety if the policy is canceled, terminated, or lapses.

     While we always try to preserve our client's full driving privileges, an occupational driver's license is often the best solution once our client's driving privileges have been suspended.

TEXAS DWI PENALTIES

     The State of Texas takes DWI offenses seriously. First offenses can result in large fines, a jail sentence, license suspensions, and a driver's license surcharge. It is critical to avoid a conviction for even a first offense since penalties increase dramatically for multiple offenses. At Wyde & Associates, our attorneys aggressively defend people charged with driving while intoxicated (DWI). Without highly qualified legal representation, people arrested, charged, and convicted of DWI can expect to face harsh penalties.

    First offense for a DWI is a class B misdemeanor that carries a fine of up to $2000, 72 hours to 180 days in jail, the loss of driving privileges for up to a year, and an annual fee of $1,000 or $2,000 for three years to retain your driver license.

    Second offense for a DWI is a class A misdemeanor that carries a fine of up to $4000, 30 days to 365 days in jail, the loss of driving privileges for up to two years, and an annual fee of $1,000 or $2,000 for three years to retain your driver license.

    Third offense for a DWI is a 3rd degree felony that carries a fine of up to $10,000, 2 to 10 years in prison, the loss of driving privileges for up to three years.

    DWI with an open container is a class B misdemeanor with a minimum of six days in jail and a fine of up to $2,000.

     Intoxication assault, a DWI accident involving bodily injuries, is a 3rd degree felony that carries a fine up to $10,000 and a prison sentence of two to ten years.

     Intoxication manslaughter, a DWI accident involving death, is a 2nd degree felony that carries a fine up to $10,000 and a prison sentence of two to twenty years.

     DWI with a child passenger is a state jail felony that involves a driving under the influence with a passenger under the age of fifteen. Penalties include a jail sentence of 180 days to two years and a fine of up to $10,000.

    No one has the combined judicial, prosecution, and defense experience handling Dallas DWI matters that the attorneys at Wyde & Associates have. We are strongly committed to aggressively defending the interests of people arrested and charged with driving under the influence. We have the drive to fight and the experience to win.