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Office Address:162 S. Seguin Avenue
New Braunfels, TX 78130
Phone: (830) 629-6955
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Serving all of New Braunfels; Bulverde; Comal County; Hays County; and Guadalupe County, Texas
DWI law in Texas has created more consequences for a defendant than ever before. A DWI arrest can result in unavoidable time in jail, driver's license suspension, hefty fines and moral stigma.
Marilee H. Brown has the knowledge and experience to negotiate plea bargains with more lenient outcomes. Also, unlike many other attorneys, Ms. Brown has tried countless DWI cases before juries in misdemeanor and felony court on the State's side.
She knows the State's approach and knows that the State has a heavy burden in court to prove actual intoxicated driving. Experience has taught her that a jury will hold the State to that burden - and often a defendant will prevail because the State's evidence contains reasonable doubt.
With invaluable experience and more reasonable fees, the Hazel Brown Law Firm will help you out of the mess of a DWI arrest!
Driver's License Suspension
A DWI arrest in Texas will result in a mandatory license suspension, even before you have been found guilty of the crime.
However, Texas law does allow you to contest the automatic suspension within 15 days of your arrest. You are entitled to a speedy administrative hearing to fight for your license. An attorney representing you can question the officer that arrested you and possibly win your license back.
Also, a DWI arrest has major consequences on a commercial driver's license. Many CDL holders depend on their license for their livelihood so a license suspension is a serious matter - every right must be protected.
In the case of suspension, relief may still be available. An attorney may be able to help you acquire an occupational license to continue working while your DWI case is pending.
Occupational Driver's License
Occupational licenses, or "hardship" licenses are an option to allow you to drive legally after your license has been suspended for a DWI.
With an attorney, you can petition the court to grant you a license that specifies certain times and places you are allowed to drive for work or other necessities. You must have proof of insurance, and the ability to pay the court and DPS fees.
With an attorney, this is a relatively quick and painless process that will allow you to continue your life without the anxiety of being unable to drive legally.
If you have been arrested for a DWI or need an occupational license in Comal County, Texas, call now!
Article by: Marilee H. Brown, Comal County Lawyer
Few drivers on the road are already familiar with the Texas Implied Consent Law, which states that, if you get behind the wheel, you are agreeing to give a sample of your breath or blood when stopped on suspicion of driving while intoxicated. The law states that if you give a blood or breath sample that shows a blood-alcohol level over the legal limit of 0.08, then your driver’s license will be suspended for 90 days. However, if you REFUSE to provide a blood or breath specimen, your license will be automatically suspended for 180 days.
Previously, if you did not CONSENT to giving a breath or blood sample, a police officer would have to obtain a WARRANT to get your blood sample. However, the law regarding implied consent and warrants has recently CHANGED. As of September of 2009, if you are arrested for DRIVING WHILE INTOXICATED, BOATING WHILE INTOXICATED, or any other alcohol offense, a police officer can draw blood from you WITHOUT A WARRANT under the following circumstances:
- If there was an accident involved;
- If there is a child passenger in the car;
- If the officer believes you have prior DWI convictions.
A stop and arrest for driving while intoxicated already carries serious consequences, especially in the Comal County, Texas area. The law is showing a trend against the rights of the accused, making legal counsel even more important in the face of a Texas DWI charges.
This article is intended to provide general information, and should not be considered legal advice. If you have been arrested for a DWI in Comal County, Guadalupe County, or Hays County, and you would like a private consultation with a DWI lawyer, please contact us today.
What is SCRAM?
Scram stands for Secure Continuous Remote Alcohol Monitor. It is a device that is fastened to your ankle. A court can order you to wear it if you are an alcohol offender. It continuously measures your blood alcohol content through perspiration. This way, a court can constantly monitor when and how much you drink.
Who gets a SCRAM?
SCRAM is most often assigned to convicted repeat DWI offenders. The reason why these types of offenders get a SCRAM is because it saves that State of Texas money, it reduces jail crowding, it treats the alcohol addiction problem of repeat DWI offenders, and treating the addiction of the offender prevents them, in theory, from going to jail again.
SCRAM and the Texas Justice System
SCRAM has been introduced to the Texas Justice System as an effective means of reducing jail crowding, cost, and recidivism. According to a case study in Ellis County, SCRAM was introduced to repeat DWI offenders coinciding with treatment for alcoholism, thus establishing a rehabilitation program. Of all of the offenders enrolled in the program, 80% completed the program successfully.
This article is intended to provide general information, and should not be considered legal advice. If you have been arrested for a DWI in Comal County, Guadalupe County, or Hays County, and you would like a private consultation with a DWI lawyer, please contact us today.
There is no aspect of DWI defense practice that has gathered greater momentum over the past five years than blood draw warrants. Blood draws can be done by law enforcement pursuant to a search warrant shortly after a person arrested for driving while intoxicated refused to submit to a breath test. Police use blood draw search warrant affidavits and search warrant forms to get authorization for a blood draw from an on- call judge.
The criminal defense attorney must prepare to meet and confront the blood draw warrant and this evidence in a motion to suppress before trial. In order to do so, counsel must have a clear understanding of search and seizure laws. Counsel must review and scrutinize the search warrant and supporting affidavit to discover inconsistencies, false statements, conclusory statements, and a lack of sustainable probable cause.
Blood draw warrants in connection to DWI offenses have made a grand appearance on the criminal law scene. Police departments and prosecutors’ offices throughout Texas are advocating the use of blood draws in virtually every driving while intoxicated arrest.
Lawyers defending individuals in Comal County DWI matters must be equally vigilant in their efforts to educate themselves on the practices, procedures, and laws governing blood draw warrants so that this emerging practice can be met, tested, confirmed, and defeated where possible.
Summarized from:
Challenging Blood Draw Search Warrants- Mark G. Daniel
Voice for the Defense-December 2009, Pgs. 29-35
Contact Us Today
If you would like to speak with our law firm regarding a legal matter you have, we encourage you to contact us by phone at (830) 629-6955 or send us a message.