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Tuesday, September 19, 2006

Ken Gibson, Attorney at Law
The Chase Building, 700 Lavaca, Suite 1010
Austin, Texas 78701
Telephone: (512) 469-6056
e-mail:ken@attorneygibson.com

Who is Ken Gibson?

  • Ken has completed training by the National Highway Traffic Safety Administration to administer standardized field sobriety tests.

  • Ken is a member in good standing with the State Bar of Texas.

  • Ken is a member of the Austin Criminal Defense Lawyer's Association.

  • Ken is a member of the Texas Criminal Defense Lawyer's Association.

  • Ken is a member of The National DWI College

  • Ken has a Juris Doctor degree.

  • Ken has attended the Robert F. Borkenstein Course on Alcohol and Highway Safety, Testing, Research and Legislation taught at the Indiana University. This is the same course the prosecutor¹s expert attended. As a result of this training, Ken is able to better contest any Intoxilyzer evidence that the prosecutor attempts to introduce.

  • Ken has completed training under the Department of Transportation Guidelines as an Intoxilyzer 5000 Operator and Technician. This training gives him the knowledge to know the strengths and weaknesses of this particular Intoxilyzer. Further, Ken can use this knowledge to better defend you.

  • Ken owns his own Intoxilyzer 5000s. If you provided a breath test at the jail this is the same model Intoxilyzer that the police used.

  • Ken spends time each month researching the latest cases, legal treatises, scientific literature, and articles on the subject of drunk driving defense allowing him to be on the cutting edge of DWI defense at all times.

  • DUI Help Member

  • Ken is doggedly independent, and believes in challenging everything for his clients' defense to be successful.

  • As a matter of course, he is ready to fight your case, when appropriate by bombarding the County Attorney with extensive pre-trial motions, demonstrative evidence, photographs, witness testimony, videos, defense experts, essential cross-examination of the prosecution's witnesses, and, of course, your testimony.

  • Ken focuses on criminal cases with the emphasis of his practice devoted to DWI cases. He focuses on cases in Williamson, Travis and Hays Counties.

    If having your license and your freedom play a large part in your life, call (512) 469-6056 now for your appointment.

Austin Texas Drunk Driving Defense
Ken Gibson, Attorney at Law
The Chase Building
700 Lavaca, Suite 1010
Austin, Texas 78701
Telephone: (512) 469-6056
Toll Free: 888 DWI-TEXAS
e-mail:ken@attorneygibson.com


Don't Let Your Austin DWI Ruin Your Life

When you've been arrested for a DWI in Texas and you don't think it's fair, you need a lawyer who can protect your rights...make sure you're treated fairly...and who knows how to get results. You've just found that lawyer.

I understand that you're probably feeling confused, angry, or somewhat fearful about what's happened to you. The process of being arrested, taken to jail, fingerprinted, and photographed was probably very dehumanizing to you. I sincerely sympathize with that.

To be honest with you--you're faced with a charge which can have serious outcomes. I don't want to scare you, but let me give you a glimpse of what's in store for you. If your case goes the wrong way you could lose your license ... your insurance could go up or be cancelled ... you could even go to jail.

Plus it doesn't end there. A conviction is something that could haunt you for many years to come, even hurting you when you apply for a job.

I'll Help You Keep Your License and Your Freedom

FREE DWI EVALUATION

I know you're fearful about what might happen to you, but I'd like you to know that there's a good chance I can help. Did you know that there are at least 20 possible challenges that can be made to the charges you are facing? I'll raise the applicable challenges for you so your case is as strong as possible.

Sure, I can just fill out the forms and talk to the County Attorney, but in many cases the best choice is to fight. That's the kind of case I focus on.

My goal is to get you off, to keep your record clean, and to prevent you from losing your freedom and your license to drive. You see . . . my practice is based on the belief that you were arrested when you shouldn't have been.

At the very least, I'll make sure that you're being treated fairly.

The County Attorney prosecutes these types of cases all day. He knows--and is willing to use against you--all of the fine legal points that are available to him.

The law says that he only needs to prove that after drinking you were operating a motor vehicle in a public place while intoxicated. That sounds pretty cut and dried, but it's not quite as simple as that.

You see, if challenged, the DA also has to show that the arresting officer made the arrest properly, that you were properly advised of your rights, that the equipment he used to test you was working accurately, and even that the person operating that equipment was certified to operate it. If he gets information which shows you are innocent, an attorney can make him give you that information.

Get The Legal Help You Need

FREE DWI EVALUATION

That's where I come in.

I know how and where to make the proper motions which force the DA to prove that all the steps used in your arrest were done properly. If they weren't, then his case is weakened.

I can't promise you that I'll be successful because each case is unique. Maybe the judge assigned to your case is more lenient on drunk driving cases, or maybe he is harsher on them. Maybe there are some things distinctive to your case which are important. However, all things being equal, I think you'll find that I am well-skilled and that I fiercely protect your rights.

When you retain me you'll get expert legal help from an attorney who knows how to guide your case through the complexities of the legal system because I've done it numerous times. You'll be certain you are being treated fairly by the judicial system because I'll insist:

  • that the County Attorney provide us with the name and address of anyone he plans to call as a witness, as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions for them.
  • that the CA provide us with any information or material he has which would show that you are not guilty of the charges against you, or which may help you get a lighter sentence.
  • on receiving copies of records showing that the equipment used for tests was functioning properly, and that the person giving the tests was properly certified.
  • on proof that you were advised of all of your rights. If you weren't, the DA's case may be weakened.

I talk to the County Attorney beforehand to get him to produce his proof and let him know that I will be contesting in court all these points I mentioned. When his case is challenged, he has to take a lot of time producing this material and witnesses.

As you can see, what looks simple gets pretty complex. As your attorney I will look into all of these things for you so that you will have the best possible case.

Actually, there is more, but I don't have space in this letter to tell you all of it.

Free Consultation and Review of Your DUI Arrest -- $150 Value

FREE DWI EVALUATION

You're probably like most people arrested for a DWI. You don't really know the right thing to do about it, and you don't know whether or not you can win if you contest your arrest.

For both of these reasons I'd like to provide you a free consultation to give you the additional information I just mentioned and to review your case.

If you would like to meet with me, I will be happy to set up an appointment with you. That way you'll be able to learn all you need to know about your situation. This telephone conference -- which would normally cost $150 -- is free to you, will last about an hour, and there is no further obligation at all. In fact, until you agree, in writing, to hire me, you will never owe me any money.

To arrange for your free consultation, you can call and leave a message 24 hours a day. Someone from my office will get back to you as soon as possible, if we are not immediately available.

Here's How I'll Protect Your Rights

FREE DWI EVALUATION

When we talk, I will analyze the facts of your case, give you my opinion about it, and discuss my approach to it. I'll explain how we'll protect your legal rights, what your options are, and how the whole judicial process works, so you'll know exactly what happens.

Plus, you'll learn how I will guide you through the court system and how I'll champion your rights, using all my ingenuity and the options in the legal system to defend and protect you.

For example, I'll review the Complaint against you . . . the steps which were used to conduct the chemical and roadside tests against you to determine if they are valid . . . and I'll show you how the police officer's testimony can be discredited.

I will also tell you about my fees. Anything you tell me during this and all other meetings will be confidential, whether or not you retain me.

In summary, with my help you'll get:

  • A free initial phone consultation.
  • Personalized attention. My office will return your phone calls promptly, keep you informed, and answer all questions to help you put the pieces back together.
  • Reasonable fees, and you'll know in advance how you'll be charged.
  • Aggressiveness. While I accept peaceful settlements, I take a tough stance to protect you.

So, if you want an attorney you can talk to, who understands what you want, who is interested in you and your situation, and who fights to get you results, call me today at (512) 469-6056 for your free consultation.

The first meeting is free, so there is no risk on your part; and you'll be able to get all your questions answered. When we are finished, if you're not convinced that I will be able to protect you to your complete satisfaction, then you can leave and I won't trouble you again . . . and you'll owe me nothing.

 In any event, at the end of the consultation you'll be more knowledgeable, you'll know what to expect in the judicial process, and be able to make more informed decisions about your case.

 And by the way, your arrest may have included a cancellation of your driving privileges. You only have 15 days from the date of arrest to respond to this issue. If you retain us as your attorney prior to the expiration of the 15 days, our fees include the initial Administrative Licence Revocation hearing. .

Please remember, the charges against you are serious and can carry severe consequences which could be damaging to you presently and in the future. You can discover for yourself how I can help save your license and freedom by calling me at (512) 469-6056.

Sincerely,

Ken Gibson

Monday, September 18, 2006

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Mesothelioma Settlement Claims
Mesothelioma is a rare cancer caused by asbestos exposure many years before the cancer develops. If you or a loved one has been diagnosed with Mesothelioma, pleural, lung or asbestos cancer you may be entitled to collect
Millions of Dollars from negligent companies.

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Recent Million Dollar Settlements >>

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Austin, Texas DWI Information

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Helpful information and resources on how to take care of your Austin DWI.

DWI Attorney Austin, Texas

First thing you need to do is hire a Austin DWI Attorney to help you handle your DWI in Austin. Call us for help and advise at 512-474-4444. Second, you only have 15 days from the date of your arrest to request a hearing to keep your drivers license. Click here to learn more on what to expect after being arrested for a DWI in Austin.

Below is the location where your Austin DWI will be handled.

Travis County Courthouse Information

All Austin DWI court cases are handled in Travis County at the Blackwell-Thurman Criminal Justice Center which is located at 509 W. 11th Street, Austin, Texas 78701. The entrance to the Criminal Justice Center is located directly behind the Travis County Courthouse between the Jail and the Courthouse Annex.

Parking at the Blackwell-Thurman Criminal Justice Center
Metered parking is available around the courthouse.

Map to the Blackwell-Thurman Criminal Justice Center provided by Google Maps.

Website for County Courts in Travis County

Website for District Courts (Criminal) in Travis County

Warning about your Texas Drivers License
You only have 15 days from the date of your DWI arrest to request a hearing to save your drivers license.

Austin DWI Lawyer

Dunham & Rogers
Attorneys at Law
1800 Guadalupe Street
Austin, Texas 78701
(512)474-4444
1-888-DISMISS

What to expect now that you have been arrested for a DWI?

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Mission & Goals

Our superior reputation with the courts, the prosecutor's office, the DPS and future clients is dependant on our vigorous and zealous advocacy in every case we handle, including and especially your case. We will be working vigilantly and tirelessly to resolve this matter in the best way possible.

ALR Side of the Case

For the information regarding your driving while intoxicated, we will initially be contacting the The State Office of Administrative Hearings, if you had contacted our office within 15 days of your arrest, to set up an Administrative License Revocation (ALR) hearing to challenge their projected suspension of your driving privilege in the State of Texas. Almost always, we like to subpoena the arresting officer to this hearing to cross-examine him/her regarding their background, training, experience in DWI cases as well as the specific procedures or lack thereof that were adhered to or not in your individual case. Usually, there is only one DPS hearing but sometimes we may have several depending on the number of witnesses and issues involved in the particular case. Appearance at the DPS hearing is your choice but if you do want to attend we ask that you please notify us and you appear dressed in a professional manner.

Criminal Side of the Case

In terms of the criminal case, your first court appearance is known as your arraignment. This is the hearing wherein the judge advises what charges are filed against you and requests a plea to be entered on your behalf. Our office may decide to continue the arraignment. Depending on the court we may continue your arraignment to allow more time for our investigation and analysis of the facts in your case. If we enter a plea as opposed to continuing the arraignment, we will enter a "not guilty" plea on your behalf. We will then obtain the complaint and police report which we will copy and forward to you within a couple of days for your review. The judge, in concluding the arraignment, will decide whether any conditions should be imposed on you while the case is pending. Usually, in Texas, first time offenders with no enhancements, accidents and non-lethal blood alcohol levels would not have any conditions other than no drinking and driving. For those more serious cases such as multiple offenders, accident cases, injury cases, the judge could order you to attend alcoholics anonymous meetings, a higher bail, a treatment program, and an ignition interlock on your car. These are some of the possibilities.

We will then schedule a future court appearance known as a pretrial conference. A pretrial conference is a conference prior to trial wherein a number of things are going on including evidence being requested and provided, negotiation of strengths and weakness of the case, scheduling of future court appearances, etc. In between the first and second court appearance, we will be making a discovery request on the law enforcement agencies, crime labs and prosecution offices involved in your case. This discovery request is the method attorneys utilize to obtain the evidence pertaining to your case. This process may take several appearances and a number of months before we secure all the significant items of evidence so that we may be able to give an informed opinion regarding the strength of your case. We will be exploring resolution of your case at these pretrial conferences. In terms of the number of pretrial conferences, there may be as few as a couple or as many as a dozen depending on a variety of factors.

Pretrial Motions

Before trial we may want to file some pretrial motions that may or may not require your attendance to challenge the admissibility of the prosecutors evidence, and a ruling in your favor can result in evidence being excluded from your trial, including evidence of a blood or breath test, the results of some or all of the field sobriety tests, or adverse statements you may have made. Successful pre-trial motions often compel the prosecutor to make an advantageous plea bargain offer, or can result in the dismissal of the charge based on an unconstitutional stop.

Jury Trial

Finally, we may even schedule a jury trial date whether or not you desire to go to trial. This additional court date will give us one final chance to resolve the case. Typically, jury trials with our firm last about two to four days. The jury trial process is a lengthy one. The first thing we deal with is the motions in limine to exclude/preclude or limit evidence. The next thing we do is start the jury selection or voir dire process. In Texas, we have twelve person juries and usually one or two alternate jurors as backup. All twelve must agree in order to convict and it will take only one to hang the jury requiring a mistrial. Questions are posed to prospective jurors regarding their bias, prejudices and fitness to stand as a juror in a DWI case. After the jury is selected then both the prosecutor and defense attorney has the option of delivering an opening statement. After the opening statement, the prosecution, since it has the burden of proof beyond a reasonable doubt, starts calling their witness against you. Usually, the first witness is the police officer that made the arrest and possible their partner officer. Following the law enforcement officer or officers is usually the person who administer the breath test or who collected the blood test. Following that witness is the state's forensic toxicologist. This person will be questioned regarding alcohol's effect on the body, field sobriety tests, objective symptoms, the chemical test and the state rules for chemical testing. After that witness the prosecution rests. After each witness of the prosecution and before their next witness is defense counsel's opportunity to cross-examine the witnesses the state places against you. Like a skilled surgeon cutting open a patient to expose the problems, our cross-examination of the cop and forensic toxicologist should do no less. Rigorous cross-examination is the only engine for truth in a criminal trial. The people will rest after their last witness and the defense may or may not put on a case. Depending on the state of the case, we may or may not call any witnesses to stand. If we do call any witness it will be the people who were with you that evening, in your car when pulled over, one of the officers not called by the prosecution, a private investigator and our own forensic toxicologist. After we put on our case, the prosecution has an opportunity to call rebuttal witnesses. After that, the prosecution and defense will argue about jury instructions on the law to the judge. Once that has been accomplished both counsel will engage in closing argument. After closing argument, the jury will then be sent to deliberate and attempt to reach a verdict. Sometimes during deliberations, jurors will pose questions to the court and counsel will argue about the appropriate responses. The deliberation process will yield one of two outcomes, a verdict or and inability to reach a decision resulting in a hung trial/mistrial. Depending on how the vote went the prosecutor has the option of re-trying the case at a future date, offering a plea bargain to a reduced charge, or dismissing the case. The court could also dismiss the case should the prosecutor not want depending on the split of the jurors.

Court Attire

When you are required to make court appearances, please dress appropriately. Please wear a suit, pants with a shirt and jacket, or pants with a shirt to court and professional dress for women. Please do not wear sunglasses, a baseball cap or shorts. When going to court dress and act like you would when applying for a job or attending a funeral.

Client Notice

Please note that after each court appearance a letter will be forwarded to you regarding when the next court appearance is scheduled, copies of any documents relating to your case obtained from the appearance as well as important information which may be needed on your end. In other words, you will be informed throughout this process of all that is going on with your case. If you still have any questions regarding your case that our letters do not address, please do not hesitate to contact our office. My legal assistants can usually answer the basic questions such as confirming court dates, confirming payment due dates, confirming DPS dates, and verifying certain information in the file. If you need to speak with me directly and I am not in the office at the time you call, please leave a detailed message with my staff so that I can return your phone call promptly with a response. For your information, I am usually in court every morning and the best time to reach me directly would be the afternoon.

Remember that you are not to discuss your case with anyone except our DWI laywers, our office staff, and those people I have directed to speak with you. If you have any questions concerning this, please call our office immediately. Furthermore, if you have any documents relating to this arrest, please forward them to our office at once.
















Saturday, September 16, 2006


Experienced Austin DWI Lawyers

When selecting Texas DWI legal representation, realize that your DWI lawyer's experience is very important. The way your drunk driving case is handled will have an influence on the outcome and thus your future. Having Texas Board Certified Criminal Law Specialists on your side can mean the difference between obtaining a good result and a bad result. At Dunham & Rogers, many of our Austin DWI Attorneys have previously been Assistant District Attorneys, spending years perfecting their legal courtroom skills. We know the procedures of the Texas Criminal Courts and can make that system work for you.

Proven Track Record against Travis County DWI's, Williamson County DWI's, Hays County DWI's & Bastrop County DWI Cases

Our law firm has accumulated a highly successful record of acquittals, dismissals and reductions in the defense of Texas DWI, drunk driving and alcohol related cases. Each case is different, but note that the attorneys at Dunham & Rogers always start with the goal of getting your drunk driving case dismissed or reduced to a traffic ticket.

Affordable DWI Pay Plans and Low Fees

Our representation fees for Austin DWI are fair and competitive, especially for our specialized Texas Board Certified attorneys. In most cases, we charge a low flat rate and often do not require any money down. The initial consultation is free. When you factor in our DWI experience and proven results handling Austin DWI cases, Dunham & Rogers is a good choice for those who want the highest quality of legal representation at a fair and reasonable cost.

Serious Consequences for Drunk Driving in Austin, Texas

An Austin DWI, DUI or BUI charge has serious consequences. You may lose your Texas Driver's License, experience a substantial increase in car insurance rates, pay large fines and court costs, suffer a Texas Driver's License surcharge ranging from $3,000.00 to $6,000.00, and possibly face Texas jail time.

Don't leave your future to chance. Select a Austin DWI attorney who will fight your Austin DWI case for you. At Dunham & Rogers we will work for dismissal or reduction of your Travis County DWI. If we are successful, you may even be able to have your Texas DWI arrest record and fingerprints torn up! Don't let this Austin DWI arrest affect your job or your future; call us immediately to discuss how we can handle your Austin DWI case.

A Word of Warning about your Texas Driver's License

You have only 15 days from the date of arrest to request a hearing on your driver's license. If you fail to request a hearing, your license may be suspended and you face the probability of paying huge fines for several years. It is important that you hire legal representation for this hearing to challenge the license suspension. Having legal representation for this license hearing provides an opportunity for your attorney to question the arresting officer. Putting the officer on the stand helps to establish his or her position, which can be very beneficial to your case.

Texas Driver's License Surcharge (Fines)

Since 2003, the Texas Department of Public Safety has been authorized to levy a surcharge on driver's licenses suspended for alcohol related arrests. This charge can range from $1,000.00 to $2,000.00 per year for three years. Depending on your case, you could be facing a $6,000.00 fee just to keep your license. Now you know why it is so important to fight your license suspension.

Call the Austin DWI Lawyers at Dunham & Rogers immediately to discuss ways we can help keep your driver's license and try to dismiss or reduce your Austin DWI charge.

Dunham & Rogers handles the following types of Texas drunk driving cases:

Austin Drunk Driving
Driving While Intoxicated - DWI
Driving Under the Influence - DUI
Driving While Intoxicated with Child Under 15
Boating While Intoxicated - BWI
Drivers License Hearings
Administrative License Revocation - ALR
DWI suspensions and hearings from Drunk Driving
Other Texas DWI and Criminal Defense matters

Dunham & Rogers handles drunk driving cases in the following cities and counties in Texas:

Travis County Drunk Driving Information

Austin, Bee Caves, Briarcliff, Creedmoor, Del Valle, Jonestown, Lago Vista, Lake Travis, Lakeway, Manchaca, Manor, McNeil, Oak Hill, Pflugerville, Spicewood, Sunset Valley, West Lake Hills

Williamson County Drunk Driving Information

Andice, Cedar Park, Coupland, Florence, Georgetown, Granger, Hutto, Jarrell, Leander, Liberty Hill, Round Rock, Schwertner, Taylor, Thrall, Walburg, Weir

Hays County Drunk Driving Information

Buda, Driftwood, Dripping Springs, Kyle, Mountain City, San Marcos, Uhland, Wimberley

Bastrop County Drunk Driving Information

Bastrop, Cedar Creek, Elgin, McDade, Paige, Red Rock, Rockne, Rosanky, Smithville


Texas DWI Laws - Important Statutes About DWI, Ignition Interlock Devices and Drivers License Suspension Periods

1.
Driving on Roadway Laned for Traffic. Tex. Transp. Code § 545.060.

(a) An operator on a roadway divided into tow or more clearly marked lanes for traffic:


(1) shall drive as nearly as practical entirely within a single lane; and


(2) may not move from the lane unless that movement can be made safely.



2.
Conditions requiring motor vehicle ignition interlock. Tex. Code Crim. Proc. Art. 17.441.

(a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Sections 49.04-49.06, Penal Code, or an offense under Section 49.07 or 49.08 of that code:


(1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanisim to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and


(2) not operate any motor vehicle unless the vehicle is equipped with that device.

(b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice.



2.1
Interlock as a condition of community supervision. Tex. Code Crim. Proc. Ar. 42.12 § 13(i)


...If it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed ... the court shal require as a condition of community supervision that the defendant have the device installed on the appropriate vhicle and that the defendant not operate any motor vehicle unless the vehicle is equipped with that device.



3.
No Deferred Adjudication for Intoxication Offenses. Tex. Code Crim. Proc. Art. 42.12, § 5(d)(1)(a)

(d) In all other cases the judge may grant deferred adjudication unless:


(1) the defendant is charged with an offense:


(A) under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; ...



4.
No Early Release for DWI. Tex. Code Crim. Proc. Art. 42.12, § 20(b)

(b) This section does not apply to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code ...



5.
Jail Time as a Condition of DWI Conviction. Tex. Code Crim. Proc. Art. 42.14, § 13(a)(1)

(a) A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community supervision that the defendant submit to:


(1) not less than 72 hours of continuous confinement in county jail if the defendant was punished under Section 49.09(a); not less than five days of confinement in county jail if the defendant was punished under Section 49.09(b) or (c); or not less than 30 days of confinement in county jail if the defendant was convicted under Section 49.07; ...



6.
Enhanced Offenses and Penalties. Tex. Penal Code § 49.09(a) & (b)

(a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.

(b) An offense under Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted:


(1) one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under Section 49.08; or


(2) two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.



7.
Jury May Recommend Tat License not be Suspended. Tex. Code Crim. Proc. Art. 42.12, § 13(g)

(g) A jury that recommends community supervision for a person convicted of an offense under Sections 49.04-49.08, Penal Code, may recommend that any driver's license issued to the defendant under Chapter 521, Transportation Code, not be suspended. This subsectgion does not apply to a person punished under Section 49.09(a) or (b), Penal Code, and subject to Section 49.09(g) of that code.



8.
Drivers License Suspension Periods for DWI. Tex. Code Crim. Proc. Art. 42.12, § 13(k)

(k) Notwithstanding Sections 521.344(d)-(l), Transportation Code, if the judge, under Subsection (h) or (j) of this section, permits or requires a defendant punished under Section 49.09, Penal Code, to attend an educational program as a condition of community supervision, or waives the required attendance for such a program, and the defendant has previously been required to attend such a program, or the required attendance at the program had been waived, the judge nonetheless shall order the suspension of the driver's license, permit, or operating privilege of that person for a period determined by the judge according to the following schedule:


(1) not less than 90 days or more than 365 days, if the defendant is convicted under Sections 49.04-49.08, Penal Code;


(2) not less than 180 days or more than two years, if the defendant is punished under Section 49.09(a) or (b), Penal Code; or


(3) not less than one year or more than two years, if the person is convicted of a second or subsequent offense under Sections 49.04-49.08, Penal Code, committed within five years of the date on which the most recent preceding offense was committed.



9.
Suspension of Minor's License Upon DWI Conviction. Tex. Code Crim. Proc. Art. 42.12, § 13(n)

(n) Notwithstanding any other provision of this section or other law, the judge who places on community supervision a defendant who is younger than 21 years of age and convicted for an offense under Sections 49.04-49.08, Penal Code, shall:


(1) order that the defendant's driver's license be suspended for 90 days beginning on the date that the person is placed on community supervision; and


(2) require as a condition of community supervision that the defendant not operate a motor vehicle unless the vehicle is equipped with the device described by Subsection (l) of this section.



10.
Credit for ALR Refusal Suspension. Tex. Transp. Code § 521.344

(c) The court shall credit toward the period of suspension a suspension imposed on the person for refusal to give a specimen under Chapter 724 if the refusal followed an arrest for the same offense for which the court is suspending the person's license under this chapter. The court may not extend the credit to a person:


(1) who has been previously convicted of an offense under Section 49.04, 49.07, or 49.08, Penal Code; or


(2) whose period of suspension is governed by Section 521.342(b).



11.
Community Service Provisions. Tex. Code Crim. Proc. Art. 42.12, § 16(a)

(a) A judge shall require as a condition of community supervision, that the defendant work a specified number of hours ata community service project or projects for an organization or organizations approved by the judge and designated by the department, unless the judge determines and notes on the order placing the defendant on community supervision that:


(1) the defendant is physically or mentally incapable of participating in the project;


(2) participating in the project will work a hardship on the defendant or the defendant's dependents;


(3) the dfendant is to be confined in a substance abouse punishment facility as a condition of community supervision; or


(4) there is other good cause shown.



12.
Community Supervision Does Not Have to be for Two Years. Tex. Code Crim. Proc. Art. 42.12, § 3(c)

(c) The MAXIMUM period of community supervision is two years.


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Client Testimonial
AUSTIN TEXAS DWI - BREATH TEST (.17) DISMISSED


I was arrested for DWI and submitted to a breath test. I was pulled over by the police because of a flat tire. I cooperated with the police and submitted to a breath test. My breath test results were high (.17). I then received a flyer from Dunham & Rogers (1-888-DISMISS) and set up a free consultation. During my free consultation it was explained to me that just because I did a breath test did not mean the State could prove their case. The attorneys filed pretrial motions and at the hearing, my attorney discovered information which was used to convince the prosecutor to dismiss my case.

The attorneys at Dunham & Rogers did exactly what they said they could do. They were very thorough and professional. The Firm even set up a pay plan to work around my budget.

I strongly recommend Dunham & Rogers if you are facing a DWI.

- Joah M.

AUSTIN TEXAS DWI - NOT GUILTY

I was arrested for DWI. I did not do a breath test, but admitted to drinking 12 beers. I told the police that "I had messed up." I was pulled over because I was going the wrong way on a one way street. I realized I had a lot to drink, but I did not feel intoxicated. I called Dunham & Rogers and they immediately prepared for a trial. They made me feel comfortable and at the same time confident that I would win my case. Everything worked out like they said - NOT GUILTY.

- Javier H.

GEORGETOWN TEXAS DWI - BREATH TEST - NOT GUILTY

I was arrested for DWI and submitted to a breath test. I failed the breath test by blowing .094. Because I am a licensed nurse, a conviction could have resulted in the loss of my nursing license. I called 1-888-DISMISS. The attorneys at Dunham & Rogers took my case with no money down and setup an affordable pay plan. We went to trial and I was found NOT GUILTY.

I highly recommend Dunham & Rogers. They did exactly what they said they could do!

- Mary B.


* Jay Adkins is Board Certified in Criminal Law - Texas Board of Legal Specialization.
* Ben C. Florey is Board Certified in Criminal Law - Texas Board of Legal Specialization.
* John S. Butler is Board Certified in Criminal Law - Texas Board of Legal Specialization.
* R. Allen Rogers is Board Certified in Personal Injury Trial Law - Texas Board of Legal Specialization.
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