Armani Prescott

Great!

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When I prayed and asked God to send me a good lawyer, He went overboard and sent an AWESOME ATTORNEY! All praises to God! Artiquewa, I truly thank you for your legal expertise as well as your personal (professional) concern. I can’t express how gratefull I am to God first, and you for going the extra mile for me. I want you to know that you comforted mein my time of distress from the very first time and seeing the good in me and beleiving in me. In my opinion, this was a total SUCCESS, with a capital S!! Everything went smoothly and inspite of your super busy schedule you were very precise, informative, extensive, and concerned for me in which I just want to say thank you! God bless and I will be in touch.


Process

Process

Penalties

Penalties

DWI vs DUI

DWI vs DUI

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A DWI charge can carry some heavy repercussions that can affect your life, license and freedom. The Art Warren Law Firm can and does offer immediate, straight forward answers to your most pressing questions about your case, possible consequences and how we can make the difference for you. We provide a defense for drivers facing DWI charges with unwavering diligence. Do not be fooled or bullied by the prosecution, we know exactly how they work and we provide our clients and prospective clients with valuable information relevant to their case. We will not allow the prosecution to have free run of your case, we can and will fight back for you.

If you have been arrested and are facing charges of DWI in Texas, the Art Warren Law Firm is ready to defend you. Please call us, anytime, at 281-716- LAWS (5297) or sign up for Attorney Art Warren’s FREE report and we will contact you about your case.

Receive a free consultation with Attorney Warren at your convenience and find out what a skilled, top notch DWI Attorney can do for you.

DWI vs DUI
In Texas, there is a distinct difference between the offenses of DWI and DUI. DWI is the abbreviation for Driving While Intoxicated, while DUI is short for Driving under the Influence. Consider the following:

DUI

Here in Texas, the difference between a DWI and a DUI is very distinct. A DUI (Driving Under the Influence) is applied to people who are under 21 years old and is considered a class ‘C’ Misdemeanor. This carries a fine, a driver’s license suspension (during arrest or once receiving the citation/ ticket) as well as a separate suspension of the driver’s license if convicted. Considering the impact that this can have on a persons day to day life, there is the option to request an Administrative License Review hearing, also known as an ALR hearing to challenge the suspension of the license. The hearing must be requested within 15 days of arrest or citation. A DUI citation can be given if the officer requests a breath test and any alcohol is detected. Though a minor may refuse a breath test when arrested, if the officer smells alcohol on the driver they can give them a citation. The penalty is still rather sever and a can have a serious impact.

DWI

ADWI (Driving While Intoxicated) is applicable to both minors and adults alike. A person can be arrested for DWI for having consumed either alcohol or drugs (including prescription drugs). A DWI can be proven in several ways and regardless of the use of a breath test, one can still be charged with a DWI. It is incredibly important to consult with an expert DWI and DUI attorney like Attorney Art Warren because here in Texas the laws involving DWI’s get tougher and tighter every year. An individual can be arrested for DWI whether they have consumed alcohol or drugs, even if the drugs are prescription drugs. Whether you take a breath test or not, you can be charged with DWI. DWI can be proven in one of three ways: (1) having a Blood Alcohol Content (BAC) of 0.08 or more, (2) not having your normal mental faculties, or (3) not having your normal physical faculties; due to alcohol or drugs.

Breath or Blood Tests
Once you are arrested, an officer will request a blood or breath test. REMEMBER, YOU ARE ALREADY UNDER ARREST! Passing the breath test will not let you go home. It is important to be very careful in deciding to take a breath or blood test. If an officer asked you to blow into a little hand held gadget on the side of the road, it is okay; that reading is not admissible in court, except to show the mere presence of alcohol. If you admitted to drinking, the fact that you blew into that Portable Breath Test (PBT) has no relevance in a DWI trial. The most common question is, “CAN I REFUSE A BREATH OR BLOOD TEST?” The simple answer is “YES,” but there may be some consequences. It is important to know that YOU DO NOT HAVE A RIGHT TO AN ATTORNEY IN DECIDING TO TAKE A BREATH OR BLOOD TEST.

Consequences of Refusing a Breath or Blood Test:

  • If you refuse a breath test, DPS will try and suspend your driver’s license for a period of 180 days if you have never had a DWI before. If you have had a prior DWI or were asked to take a breath test before, the suspension could be two (2) years.
  • The fact that you refused a breath test can be used against you in trial. Again, the courts have determined that you have no 5th Amendment protection against self incrimination regarding a Breath or Blood Test.

IT IS IMPORTANT TO KNOW THAT YOU ONLY HAVE 15 DAYS TO REQUEST A HEARING TO CHALLENGE YOUR DRIVER’S LICENSE SUSPENSION.

Consequences of Taking the Breath of Blood Test:

  • If you take a breath or blood test and the test reveals that you have an alcohol concentration of 0.08 or more, your driver’s license will be suspended for 90 days if this is your first DWI, or up to one (1) year if you have a prior DWI or alcohol suspension.
  • You just gave the State evidence to convict you.
  • Even if you pass the Breath or Blood test, you can still be charged and convicted of DWI.
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