Texas Criminal Defense Information Center

"Defending Women Charged with a DWI in Texas: Navigating the unique challenges women face in DWI defense in Texas and understanding gender-specific legal strategies when facing a DWI arrest in Texas." As a DWI defense attorney in Texas, I've seen a significant rise in the number of women arrested for DWI over the years. Unfortunately, defending women in these cases comes with unique challenges due to physiological factors that can make it more difficult for a woman to de ...

What is Prostitution in Texas? Prostitution, defined as the offering, agreeing to, or engaging in sexual activities for a fee, is a crime that can be proven in Texas merely by the existence of an agreement, even without the performance of a sexual act. This is a fact that often surprises many how easy it is to prove Prostitution in Texas. Contrary to popular belief, arrests for prostitution aren't limited to roadside incidents. While roadside prostitution sting operations we ...

In Texas, a first-degree felony ranks as one of the most serious criminal charges, surpassed only by capital felonies. Convictions at this level can lead to life imprisonment, as well as fines reaching up to $10,000, and carry long-term implications, including a permanent criminal record. Understanding Texas Felony Classifications Felonies in Texas are categorized into five distinct levels based on the crime's severity. The hierarchy begins with capital felonies, the gravest, follow ...

The statute of limitations represents the timeframe within which charges can be filed against an individual following an alleged crime. In Texas, both civil and criminal cases are subject to statutes of limitations, with varying durations depending on the severity of the alleged offense. Crimes such as murder or manslaughter are exceptions to statutes of limitations, meaning charges can be brought at any time, regardless of how much time has passed since the alleged crime. This resource aims ...

It's crucial for all Texans to be well-acquainted with local laws governing the purchase and consumption of alcoholic beverages. This knowledge empowers individuals to make informed choices, ensuring their safety and that of others. Explore the guide below to gain a comprehensive understanding of Texas drinking laws, enabling you to navigate them wisely and avoid the repercussions of alcohol-related offenses. Drinking Age in Texas: In Texas, the legal age for pu ...

Throughout the years, our Texas Criminal Defense Attorneys have helped hundreds of people find the justice they deserve after being subject to false or exaggerated criminal charges. One of the many things that set Dunham & Jones, Attorneys at Law apart from other law firms is our commitment to providing clients with information about the legal system and how it relates to their specific si ...

Throughout the years, our attorneys have helped hundreds of people find the justice they deserve after being subject to false or exaggerated child abuse charges. One of the many things that set Dunham & Jones, Attorneys at Law apart from other law firms is their commitment to providing clients with information about the legal system and how it relates to their specific situation. A knowledgeable client ...

Throughout the years, our attorneys have helped hundreds of people find the justice they deserve after being subject to false or exaggerated domestic violence charges. One of the many things that set Dunham & Jones, Attorneys at Law apart from other law firms is their commitment to providing clients with information about the legal system and how it relates to their specific situation. A knowledgeable client is both an asset and an integral part of any successful case, no matter the appar ...

Throughout the years, our attorneys have helped hundreds of people find the justice they deserve after being subject to DWI, BWI or other drunk driving charges. One of the many things that set Dunham & Jones, Attorneys at Law apart from other law firms is their commitment to providing clients with information about the legal system and how it relates to their specific situation. A knowledgeable client is both an asset and an integral part of any successful case, no matter the apparent sever ...

The Fourth Amendment to the United States Constitution is a part of the Bill of Rights, which safeguards the rights and liberties of individuals. It provides protection against unreasonable searches and seizures conducted by the government. The text of the Fourth Amendment is as follows: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable c ...

How to Beat a Solicitation Charge in Texas Texas Solicitation Lawyers Prostitution is commonly referred to as the ‘oldest profession.’ Over the years states have taken a harder stance against the offense. Texas is no different. According to Texas DPS Crime Records Report and Statistical Information there were almost 20,000 people convicted of solicitation or prostitution offenses from 2016-2020. In September 2021 Texas took things e ...

How "Bail" is considered in Texas Code of Criminal Procedure What is Bail? Chapter 17 of the Texas Code of Criminal Procedure defines "BAIL" Art. § 17.01 as "Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond. Chapter 17 of the Texas Code of Criminal Procedure defines "BAIL BOND" Art. § 17.02 as a ...

Criminal Statute of Limitations for Felonies in Texas Except as provided in Article 12.03 of the Texas Penal Code of Code of Criminal Procedure, felony indictments can only be presented within the time limits below: Felonies with no limitation of time: Manslaughter Murder Sexual Assault under Section 22.011(a)(2), Penal Code Aggravated Sexual Assault under Section 22.021 ...

Sec. 22.011. SEXUAL ASSAULT. A person commits an offense if: the person intentionally or knowingly: causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or causes the sexual organ of ...

Facing child sexual assault charges is an extremely serious matter. Such charges are felony offenses under Texas law that carry potential prison sentences ranging from two years to life behind bars. Once you get out of prison you will be required to register as a sex offender. Any felony conviction, especially a sex crime, can make it extremely difficult to find any type of rewarding job. Other consequences related to your conviction often will have a very detrimental effect on the rest of your ...

Rule No. 1: There is nothing you can say to these people to make them go away. Nothing an accused or alleged victim can say or do will convince the "protectors" (Child Protective Services, child advocacy prosecutor, child advocacy center caseworker, family advocacy prosecutor, family advocacy center caseworker, police detective, or victim’s advocate) that the abuse did not occur. Nothing! Rule No. 2: The case will not be dismissed ...

This is NOT the Time To Do It Yourself! If informed that surgery is needed to remove a tumor, no patient would go home and start rummaging through kitchen knives to commence a self-service operation. Obviously this procedure is best left to the skilled hands of a skilled surgeon. The same principle exists when a family desires to have a criminal case dismissed. This is not the time to do it yourself. The System Does Not Care About Famil ...

Hiring the Right Attorney is Crucial to Your Freedom! Very few attorneys focus on fighting domestic violence allegations. Many lawyers represent clients with assault charges. These lawyers will handle such cases in addition to a general criminal defense practice. Domestic cases are different from the typical criminal charge and must be handled differently! Consider the Following in Hiring the Right Attorney: LENGTH of PRACTICE & ...

Issues Upon Arrest & Consequences of a Conviction or Plea Bargain What is domestic violence? Domestic violence is defined as "an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but do ...

Legislation, Rules of Evidence, and the Court’s Willingness to Please the Domestic Violence Industry Legislative Changes Pro-football star, Warren Moon, former quarterback of the Houston Oilers and Minnesota Vikings was charged with domestic violence assault in July 1995. The case captured national attention as his wife, the alleged victim, Felicia Moon did not want to testify or pursue charges. The prosecution forced Felicia Moo ...

Pssst…They are coming…Or are they already here? Family advocacy centers are a relatively new innovation in the "War on Domestic Violence." They are quickly following in the footsteps of child advocacy centers. Many communities are combining the two into one super center. The City of Phoenix Arizona may have been the first to create a strictly domestic violence center upon opening the Family Advocacy Center in August 1999. The Phoenix model is a good indicator ...

The majority of District Attorney’s Offices in Texas follow the national model of having specialized family violence units, where assigned prosecutors and investigators handle only domestic violence cases. Many Texas law enforcement agencies have specialty domestic violence teams. All of the law enforcement agencies affiliated with an advocacy center assign officers to the center as part of a domestic violence task force. The creation of specialized domestic violence prosecu ...

Federal law provides funding to states for the creation, development, and utilization of Family Advocacy Centers through the Family Violence Prevention and Services Act. The bottom line for the falsely accused is this: Domestic violence is now an enormous financial industry. Each state receives millions of federal dollars in grant money by adopting provisions of federal law. "(Women’s Shelter Centers) provide DSS (Department of Social Services) with ...

A strange conglomeration of individuals pushing varying agendas comprise the force behind the domestic violence movement. The movement combines legitimate victims and their advocate supporters with professional vendors who have much to gain through concentrated efforts to expand the industry: "These people, some idealistic and some merely pragmatic, have networked, talked with each other, served on various commissions, boosted each other’s careers, and helped t ...

Domestic Violence is a Political Crime "Hello. I’m from the Government and I’m here to help." This old saying is satirically funny. Governmental intervention into anything usually creates nameless, faceless bureaucracies, solving nothing, complicating everything, and resulting in higher taxes. The government has definitely made its way into family violence: "Like many crusades to stamp out social evils, the War on Domestic Violence ...

"In the Domestic Violence industry, when the accusation is made, the case is closed." John Maguire, The Booming Domestic Violence Industry, Massachusetts News In response to need to supply the necessary bodies to perpetuate the domestic violence industry, law enforcement has adopted a new tool: Zero Tolerance. What does "Zero Tolerance" mean? Two police officers will be dispatched to a home regarding a domestic d ...

The legal definition of a crime "victim" is not what one might think. The word "victim" seems to mean the person who was assaulted, stabbed, murdered, or had their property stolen. Under the law, however, the "victim" of a crime is the "State." All criminal cases are therefore styled: "The State of ______ vs. The Defendant." Once the authorities become involved in a domestic disturbance, they will foreve ...

Husbands and wives, boyfriends and girlfriends, have arguments. Does that now mean, or justify, a trip to jail and a criminal conviction with lifetime penalties? Human beings make mistakes, cause accidents, and act immaturely at times. Everyone has past conduct they wish could be taken back. Part of being human is sometimes hurting those loved the most. The absurdity is to classify a single, out-of-character, nonviolent act as "criminal." For instance, it is  ...

True Domestic Violence Must Stop No rational person condones violence toward anyone, particularly a family member or intimate partner. In America there are many tragic domestic relationships that involve battered men, women, and children. A true victim in a violent intimate relationship needs immediate support and protection. A true batterer needs to face the legal consequences of their actions. But the term "batterer" is commonly misused in dome ...

False allegations of sexual abuse have become so wide spread in this country during divorce that they have been given a name; the S.A.I.D. Syndrome - Sexual Allegations in Divorce. When a sexual allegation of any kind is made, a very necessary beginning strategy for professionals is to regard their role as clinician-investigators, not clinician-therapists. If they perceive that their first and foremost task in intervention is to therapeutically deal with the impact of the experience u ...

Understand that there are basically two types of testing used in the treatment and the identification of a Possible Sex Offender: The Penile Plethysmograph, or PPG, and the Abel Assessment, a test developed by Gene G. Abel, M.D. Prior to developing the Abel Assessment, Dr. Abel personally used the plethysmograph, but believing that in many cases it could be very degrading for the person being tested, he developed the Abel Assessment to accomplis ...

Daubert v Merrell Dow Pharmaceuticals Inc., 509 U.S., 113 S Ct 2786 (1993) Daubert is one of the most important decisions to come along in years. In the most simple terms, Daubert states that all expert testimony must be based on scientific foundation and not simply an opinion. While that may not seem important, consider this. Many innocent men have been convicted on charges of sexual abuse, simply because of the "expert" opinion of a psychologist; an opinion that was absolutel ...

Since 1987 there have been major changes in professional opinions concerning the susceptibility of children to suggestive and leading interviews. In 1987 the testimony of young children was generally accepted as truthful and the prevailing opinion was that young children could not be led or "coached" to make statements about abuse that never happened. The belief was that, although children might be led through suggestive interviews to make unimportant errors concerning peripheral details, the ...

It is essential to the welfare of the children and the ability of a defendant to pursue an adequate defense and, for the children to be effectively cross-examined, that there be an adverse psychological examination of the children ordered by the court. A central factor in providing testimony in a court of law relating to legally relevant behavior is the nature and role of human memory. Interrogation of a child and the exercise of adult social influence on a child can result ...

If there was one single theme that leads to conviction, it would be the failure to defend properly because of a false sense of security on the part of the accused. When some event occurs that results in the assumption that there is no longer any danger, the defense becomes lax. A perfect example would be when a child, who has made an allegation, recants. To the accused, and oftentimes even their felony defense attorney, there is no danger and the State has no case at that point, but nothing coul ...

Whether or not a child should be treated for sexual abuse prior to a determination of abuse by the justice system is affected by several considerations. The system requires a substantiation or indication by a child protection worker or law enforcement official prior to an accusation entering the justice system for adjudication. It is often mistakenly perceived that such a step establishes the facticity of the accusation and a child is immediately treated by adults ...

For a list of questions to ask experts, see the bottom of this page. Daubert v Merrell Dow Pharmaceuticals Inc., 509 U.S., 113 S Ct 2786 (1993) Daubert is one of the most important decisions to come along in years. In the most simple terms, Daubert states that all expert testimony must be based on scientific foundation and not simply an opinion. While that may not seem important, consider this. Many innocent men have been convicted on char ...

The Police and the Falsely Accused A police officer can arrest you, without a warrant, if they "see" you committing a crime or if they have "probable cause" to believe that you have committed a crime. All it takes is one person making a criminal complaint against you, without any corroboration, to give the police "probable cause" to arrest. In most circumstances, they should have an arrest warrant if they're arresting you at your ho ...

As a defense attorney prepares to defend a client who has been falsely accused of child abuse, frequently they find that the prosecutor has had experts working with the child or children. In many cases the "experts" are nothing more than "allegation validators," who are working with the child to prepare them for testimony. Normally, the interviews they conduct with the child are not audio or video taped and there are few, if any, notes made. Whether these "experts" are questioned durin ...

What actually happens during trial will determine whether or not there is a conviction and a great deal of what happens will actually depend on the accused. It is fair to say that a trial is like a play. The accused is the actor and the jury is the audience. If the accused gives a good performance, the audience applauds and the accused goes home. If the accused gives a bad performance, the audience boos and that could easily result in the jury voting for a conviction. Never ...

A false allegation of sexual abuse is a lie and more often than not, that lie will grow following the initial disclosure, for many reasons. For survival and defense purposes, it is vital that anyone being falsely accused understand the mechanics of why the story becomes expanded, simply because they will probably find themselves accused of one thing one minute and something else the next. This also includes why there is one child accuser initially and then several others make allegations as time ...

When a person is criminally charged with any type child sexual abuse, there are several possibilities that could happen: The State Could Dismiss the Charges The prosecutor could believe that the accusing child would have no credibility if they testified. The accusing child could recant their allegations. The accusing child could refuse to testify. The prosecutor could believe they could not get a conviction. ...

The following consists of basic laws and issues that may, or may not become a problem in defending false allegations of child sexual abuse. Each topic is addressed by individual state laws and each should be carefully researched before assuming that it applies to any one jurisdiction. We identify the following simply as a means of providing a defendant or their attorney the opportunity to head off potential problems, prior to trial. As stated, each state has laws that address each of the foll ...

When facing criminal charges, the accused must be prepared to fight for their life. You must vigorously defend yourself and prove your innocence! If an attorney says to "wait and see if you are indicted"…WALK AWAY IMMEDIATELY! The best time to get a dismissal is before a formal charge. Prepare a Vigorous Grand Jury Defense to Avoid Prosecution Many times the best method of winning a false allegation ...

Very few attorneys focus on fighting false allegations. Many lawyers represent clients with child abuse and child sexual assault charges. These lawyers will handle such cases in addition to a general criminal defense practice. Child Sexual Assault cases are different than the typical criminal charge and must be handled differently! The falsely accused must have an attorney that does more than mere representation. The attorney must actually defend the falsely accused. Incredi ...

The initial feeling one has when they've been falsely accused of Child Sex Abuse:I'm innocent. This is crazy. If I talk to them and explain it will go away. I've done nothing wrong and there should be no adverse consequences. The authorities will quickly recognize my innocence, their mistake, their overreaction, and this will all go away. Understand that nothing the Falsely Accused can say or do will convince a Child Save ...

RULE #1: Nothing an accused or alleged victim can say or do will convince a child saver (Child Protective Services, Child Advocacy Prosecutor, Child Advocacy Center Caseworker, Family Advocacy Prosecutor, Family Advocacy Center Caseworker, police Detective, or Victim’s Advocate) that the abuse did not occur. Nothing! RULE #2: Talking to Child Protective Services or the Police Investigator, or Anyone without an Attorney Present is the Sin ...

Nothing incites the fury and anger of any community like the discovery of a reported Child Molester or Abuser living in the neighborhood. Unfortunately no charge is easier to make against an innocent person and more difficult to disprove. The word of a child, whether mistaken, coached, or the result of a deliberate lie, is all that it takes to ruin lives. The Sex Crimes Attorneys at Dunham & Jones are well aware of the relative ease in which a False Allegation of Child Sexual As ...

The Court of Criminal Appeals may have outdone themselves. Really. Trumping itself in terms of stupid opinions is difficult, but they pulled off the feat in Taylor v. State, 268 SW 3d 571 (10/2008). This case allows the State to introduce a litany of ongoing hearsay from a therapist regarding the alleged victim child (and adult) of an alleged sexual assault. Essentially, if the ...

Prosecutors and the child saving industry have convinced the legislature that merely creating hysteria is not enough to insure conviction for those accused. In addition, rights originally created in our constitution to protect the criminal defendants must be eliminated. The Rules to Have Changed to Secure Convictions in Child Sex Crimes All across our nation, state legislatures have supported child advocacy special interest groups. The following il ...

"Our Prisons Are Full of Innocent Persons" Public hysteria regarding child molestation has changed the rules of the criminal justice system. Child physical and sexual abuse cases must be defended in an entirely different manner than the normal criminal case. In theory the constitutional rights of the defendant are still in place, however in reality those rights do not apply. The truth is: The accused is presumed to be guilty. ...

The answer is not difficult, but to understand it, you must first understand how criminal defense attorneys actually handle cases. Obviously, the following is not true or reflective of all attorneys, but many will fall into one of three categories: The Standard Defense The attorney is retained and, shortly thereafter, they file a Motion for Discovery, requesting that the State provide all material the defense is entitled to. The attorney may have ...

If you suddenly find yourself crippled with a heart attack, an event that could quickly and easily end your life, do you run to a general practice medical doctor or to a cardiologist; a specialist in the treatment of heart related problems? If your life is really important to you, obviously, you look for the best. The consequences of a life threatening heart attack are no less serious than being confronted with a criminal allegation and, as a result, you look for the "cardiol ...

Carefully determine if the attorney you select is the proper attorney for you. They must have a real desire to win. Discovering you have the wrong attorney as your jury is being picked is certainly not beneficial. There are many issues that should be openly discussed with any attorney that you are considering and the following questions should be resolved before any final decision is made on your part. How much of your practice is devoted to criminal defense work? ...

For those who have been falsely accused of child sexual abuse, one of the most difficult tasks they will face is retaining the proper attorney to represent them. There is far more involved than simply looking in the yellow pages or having someone provide a referral. Although false allegation cases have become nothing short of an epidemic, they are not specific to any one area. Attorneys who do not travel simply do not have exposure to these cases and most of them fall short when it com ...

When facing false allegations of child abuse or child sexual abuse, it is not at all uncommon for the accused to take the accusation as a joke, fail to prepare a proper defense and then find themselves convicted of crimes they never committed and sentenced to hundreds of years in prison. One couple, in Kern County, California, was sentenced to 200 years in prison. Regardless of what anyone tells you, begin preparing a defense as soon as an accusation is made. In many cases, ...

The Arraignment The Preliminary Hearing The Grand Jury The Indictment Plea-Bargaining Pretrial Procedures The Trial The Arraignment in Texas Following an arrest in Texas, you w ...

If you have been accused of a Child Sex Crime, Sexual Abuse of an Adult or Family Violence in Texas, you could face serious repercussions and consequences, especially if you are a Professional or have a Professional License in Texas. It's important to immediately contact an experienced Texas Sex Crimes Defense Attorney if you have been accused of Sexual Assault of a Child or Adult, as soon as the investigation against you begins. Individuals who are considered Professional ...

False allegations or false accusations of crimes in Texas can occur to almost anyone. Unfortunately, even though they are false claims, they can result in serious repercussions and consequences even if the charges are ultimately reduced or dismissed. If you have been falsely accused of a crime, the state prosecutor has the very difficult burden of proving you committed every element of the offense beyond a reasonable doubt. This is often a very high burden of proof, and if the judge or jury h ...

In most cases where an individual has been convicted of a sex crime involving a child, he or she will be required to register as a sex offender in the state he or she resides in. This can be an embarrassing process that usually involves notifying the people who live in the community that a registered child sex offender lives among them. If you are facing allegations of sexual abuse in Texas, and want to avoid having to register as a sex offender, it would be best to ...

When an individual is charged with a sex crime, they often feel hopeless in defending themselves against such an unspeakable crime. Being arrested based solely on the word of another individual does little to temper those feelings of hopelessness. After all, they arrested you because of accusations, what’s going to stop them from convicting you? Fortunately, the legal system in America affords you with the ability to seek legal counsel in order to defend yourself in the court of law. If you ...

If an individual has been accused of a crime in the Texas, even if the accusations are false, it is important to consult with a defense attorney who is experienced with the Texas criminal process. After you have been arrested for a crime, it is important to hire an attorney who will post your bond and continue to represent you throughout all crucial periods in your case. It is also essential to hire a defense attorney who has trial experienced and has defending cases like yours.[fo ...

If you have been falsely accused of a child sex crime, sex crime against an adult or any family violence offense, such as sexual abuse of a child, statutory rape, online solicitation of a minor, child pornography offenses, sexual assault, date rape, domestic violence, child abuse and indecent exposure, you will undoubtedly have many questions about the criminal process and matters pertaining to your case. Dealing with false allegations of sexual assault can be very daunting ...

Throughout the years, our Sex Crimes Attorneys have helped hundreds of men and women find the justice they deserve after being subject to false or exaggerated sexual criminal charges. One of the many things that set Dunham & Jones, Attorneys at Law apart from other criminal defense firms is their commitment to providing clients with information about the legal system and how it relates to their specific situation. A knowledgeable client is both an asset and an integral pa ...

A diversion program in the criminal justice system is a form of sentencing and such programs are often run by a police department, court, a district attorney's office, or outside agency designed to enable offenders of criminal law to avoid criminal charges and a criminal record. Diversion programs exist for adult and juvenile cases. What is a Diversion Program in Texas? In Texas a Diversion Program can be broken down into these three areas: Giving sentencing alternatives at t ...

Many allegations of child abuse and neglect begin with an accusation made by a teacher or another school employee. If you were accused of child abuse or neglect in Texas, it is important to understand the obligations teachers and educators have during these investigations. After an allegation of child abuse in Texas, it is important to seek out the services of a criminal defense attorney immediately after you learn of the accusati ...

Many allegations of child molestation and sexual abuse begin with the child reporting the incident to a teacher or another school employee. As mandated reporters, educators and other school staff must remain informed on the topic of child abuse. School personnel represents the largest professional resource for reporting suspected child abuse and neglect in Texas. Education leaders can promote awareness of Texas laws and the safety of Texas students by developing effective reporting po ...

If you were arrested for any child sexual abuse crime in Texas, it is important to seek out the services of a qualified criminal defense attorney. The attorneys at Dunham & Jones, Attorneys at Law represent clients throughout Texas. Sexual abuse, assault, or molestation of a child can affect not only the victim severely, but it can also affect friends and family in profound ...

Sexual abuse charges under state and federal law are extremely serious. In some cases, the failure to report the abuse can also be a crime. When school employees know about sexual abuse or an improper relationship between a teacher and student, the failure to handle the matter properly can even result in a disciplinary hearing and being fired from the job. Aiding and abetting sexual abuse allegations often arise when a school employee becomes aware that another teacher or educator has sexuall ...

Texas DWI Defense Attorneys PERIODS OF SUSPENSION FOR DRIVERS LICENSE DWI Penalties (Adult) · DUI Penalties (Under 21) · Commercial Drivers License You have 15 days from the date of your arrest to request an Administrative License Revocation (A.L.R.) Hearing from the State Office of Administrative Hearings (S.O.A.H.). The reason for this ...

Information for persons who have been stopped for suspicion of DWI in Texas. Field Sobriety Tests are generally used to determine if a person has been driving while intoxicated, and whether or not there is probable cause to arrest the driver for DWI. Most drivers are not aware that there are only four recognized field sobriety tests. The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impai ...

Texas DWI Lawyers Difference between a DUI and a DWI in Texas What is a DUI in Texas? A Driving Under the Influence (DUI) is classified as a class "C" misdemeanor. This means that you can not receive jail time and a maximum fine of $500.00. (for a first offense, for subsequent offenses you can receive significant jail time). However, along with this fine can be probation, along with community service and al ...

The results of the breath, blood or urine test will largely determine the charges brought and the possible sentences. The so-called "per se" offense (driving over .08%) is defined by the blood-alcohol level; the "DWI" offense (driving while intoxicated) is partially proven with a rebuttable presumption of intoxication if the result is over .08%. It is important to realize that the DWI laws relate to the blood-alcohol level AT THE TIME OF DRIVING - not at the time of the test; t ...