Tag Archives: DWI Lawyer in Houston
The Importance of Requesting an ALR Hearing
As a Houston DWI Attorney, the biggest (and one of the most costly) mistakes I see is individuals waiting too long to hire an attorney. The problem is, when you are charged with DWI in the state of Texas you have 15 days to request an Administrative License Revocation (ALR) hearing. If you do not do this within the first 15 days, then your license is automatically suspended for a set number of days depending on certain factors.As a Houston DWI Attorney, the biggest (and one of the most costly) mistakes I see is individuals waiting too long to hire an attorney. The problem is, when you are charged with DWI in the state of Texas you have 15 days to request an Administrative License Revocation (ALR) hearing. If you do not do this within the first 15 days, then your license is automatically suspended for a set number of days depending on certain factors.
A Houston DWI Attorney can fax the Texas Department of Public Safety and request a live hearing for you. It is almost always better to have a live hearing as your attorney can subpoena the arresting officer to be there. Many times the officer does not show up and you win your license case automatically. A “win” in an ALR hearing simply means that DPS will not suspend your license.
If you procrastinate in hiring an attorney you MUST call DPS and request the hearing yourself. Once you hire an attorney, the attorney can call DPS and take the case over. The number to call to request the hearing is very simple to find. When you were arrested you should have received a paper called a “Temporary Driving Permit”, on the bottom of this page in the fine print will be the instructions and the number you must call.
If you lose your hearing, or never request it, you will have your license suspended and you will have to get an occupational license. You will also have to pay a reinstatement fee in order to get your license back at the end of the suspension period. Not acting quickly when you are charged with DWI ends up costing you more in the long run! So if you or someone you know are in the unfortunate position of being accused of DWI, contact a DWI Lawyer in Houston as soon as possible. Your license and your checkbook will thank you later.
10 things not to do on the road with alcohol in your system!
Every DWI Lawyer in Houston can tell you stories about clients that just set themselves up to get stopped. If you are reading this it might be too late, but you can pass it on to your friends. If you are driving and have had anything to drink at all (even if you are legally sober!) do not be dumb on the road!Every DWI Lawyer in Houston can tell you stories about clients that just set themselves up to get stopped. If you are reading this it might be too late, but you can pass it on to your friends. If you are driving and have had anything to drink at all (even if you are legally sober!) do not be dumb on the road!
As a Houston DWI Attorney I have a lot of potential cases come through my office, and I hear a bunch of stories about traffic stops and why the police pulled them over. I have also seen hundreds of DWI videos, and one common thing is that many of the initial traffic stops resulted from stupidity!
So here is a list of some things you shouldn’t do after drinking:
- Don’t “peel out” at a traffic light! I don’t care if you never got over the posted speed limit, and I don’t care how hot the girl in the next lane was, you are going to get pulled over!
- Don’t weave your steering wheel to the beat of the music!
- Don’t let your best friend stand up with his torso hanging out of the sunroof.
- Don’t tap your breaks over and over to try to make your vehicle “jump” to a beat
- Don’t drive with one leg hanging out of the window…
- Don’t drive naked
- Don’t road rage…who cares if the car in front of you just cut you off.
- Don’t forget to put on those license plates that showed up in the mail…
- Don’t flick a cigarette out the window with HPD right behind you…(sigh)
- Don’t forget to use your blinker…really…is it THAT HARD?
Again, it might be too late for you. But if you are feeling down and want a quick pick me up, ask the DWI Lawyer in Houston that you hired to tell you some stories. This job certainly can be entertaining…
Mandatory Blood Draws
I have mentioned before that you are allowed to (and should!) refuse a breath test if you are arrested for suspicion of Driving While Intoxicated (DWI). At point you think, “Great, I followed the no blow rule and now I just need a good Houston DWI Attorney.” I have mentioned before that you are allowed to (and should!) refuse a breath test if you are arrested for suspicion of Driving While Intoxicated (DWI). At point you think, “Great, I followed the no blow rule and now I just need a good Houston DWI Attorney.” Unfortunately, in many counties (including Harris) certain weekends are considered non-refusal weekend. If this happens then law enforcement will get a magistrate to sign a search warrant for your person after you refuse a breath test. They will use this search warrant to draw blood from you and use against you in the prosecution of your case.
Harris county does this much more than surrounding counties as money has been granted to the county to have non-refusal weekend every weekend for a period of three years. This recently started, so this should continue for the foreseeable future.
But don’t worry, a blood test is not an automatic conviction! Get yourself a DWI Lawyer in Houston that can identify the issues and help you work through your DWI. These particular types of cases tend to drag on more than others. The main reason is they usually ship the blood to labs outside of Houston to be evaluated. It is not uncommon to have a case where you are almost near the point of having to set the case for trial simply because the blood results have not come back.
A good Houston DWI Attorney can work with you and the state to fairly evaluate the entire case and come up with an adequate resolution or prepare for trial. Even if you know that there might be blood drawn, it is still in your best interest to refuse a breath test because there have been situations where people either slip through the cracks or the agency is just too lazy to get a search warrant. Again, don’t give the state any free evidence…make them take it.
The first blog post of a DWI Lawyer in Houston
Hello, my name is Eric Benavides, and I am a Houston DWI Attorney. I am one of two attorneys who started the law firm Benavides & Serrano, PLLC. I decided to start a DWI blog because more people get arrested for DWI than anything else. I hope to provide insight and advice to individuals facing (and those who may face) a DWI.Hello, my name is Eric Benavides, and I am a Houston DWI Attorney. I am one of two attorneys who started the law firm Benavides & Serrano, PLLC. I decided to start a DWI blog because more people get arrested for DWI than anything else. I hope to provide insight and advice to individuals facing (and those who may face) a DWI.
I intend to use this blog for many things. I plan to use it to talk about DWI cases, to talk about general info in the news regarding DWI, and about general things that amuse me about these types of cases. Hopefully no one reading this will ever need a DWI lawyer in Houston, but if you are going to be arrested, the chances are it’s going to be for drinking and driving.
The great thing about being a DWI attorney is all the interesting people you run into. The fact of the matter is most people drink socially, and that doesn’t exclude doctors, engineers, and even lawyers. I have represented individuals accused of DWI who are true habitual criminals, all the way to individuals who have post-graduate degrees and a clean record. Being a DWI attorney is a field of work where you get to mingle with every part of society, and personally I enjoy that aspect of the job.
DWI doesn’t discriminate. Anyone could be arrested just for admitting that they had a drink at dinner, even if they aren’t legally intoxicated. It is not illegal to drink and drive in Texas! This is one thing I don’t believe all officers understand, and one of the things I love most about being a Houston DWI Attorney is all of the innocent people that I get to help!
If you ever find yourself in the unfortunate situation of needing a DWI lawyer in Houston feel free to contact me at 713-222-2828. I can’t promise you that you will win your case, but I promise you that I will always be up front with you, and that I will work to get you the best possible outcome.
Eric Benavides