Chart for DWI Related Driver’s License Suspensions in Texas

July 5, 2013

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Here’s a quick run-down of driver’s license suspension times which relate to Driving While Intoxicated charges (as of July, 2013).

Driver’s license suspensions related to drunk driving charges occur one of two ways: (1) by either a breath/ blood test refusal/ failure: or (2) because of a conviction for DWI.

These determinations are slippery and the code doesn’t do a very clear job of sorting them out.  It’s best to consult an attorney before trying to figure it out on your own.  Also suspension’s listed below due to refusal/ or denial are appealable through Administrative License Revocation hearings (otherwise known as ALRs).  Though the State and police want you to really think these are automatic upon arrest — they really aren’t.

DUI (Minors with any detectible about of alcohol):

1st arrest — 60 day suspension

1 prior — 120 days

2 prior — 180 day suspension

1st DWI arrest (regardless of age):

Refusal:  180 day suspension

Failure (breath or blood over 0.08):  90 day suspension

Conviction: 90 days to 1 year (suspension is abated by classes taken during probation)

2nd “alcohol related contact” within 10 years

Refusal:  2 year suspension.

Failure:  1 year suspension.

Conviction of DWI 2nd: 180 days – 2 years (suspension may be partially abated by classes taken during probation)

Conviction of DWI 2nd within 5 years: 1 to 2 years (suspension may be partially abated by classes taken during probation).

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. For legal advice about any situation you should contact an attorney directly.

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Deep Lung Devices are Getting Harder to Avoid in Collin County While on Bond

December 14, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

All driving while intoxicated arrests in Texas require that a person see a magistrate judge.  That judge is required by law to make an initial assessment and to decide whether to order the defendant to have an ignition interlock device (also known as a deep lung device) under Texas Code of Criminal Procedure 17.441.

Here is the relevant text of 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 mechanism 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.

Section 17.441 can be read to state that a judge can only order the interlock device on a vehicle if it’s the 2nd DWI arrest (or more) of the defendant.  The judge can find that an interlock ignition device is not appropriate in the best interests of justice even on a 2nd arrest.

In reality, Judge’s interpret the law to state that they can always place an interlock device on a car but are only required to do so on a 2nd offense.  It is unclear whether they are interpreting 17.441 as the basis for their beliefs of some other statute.  Additionally, many Collin County judges have informal policies that if a defendant had a car accident or was charged with the new offense of DWI with a blood alcohol concentration above 0.15, then they will order the deep lung device as well.

Ultimately deep lung devices are becoming more and more common as terms and conditions of bond in Collin County.  Arrest and going before the magistrate is not the only time in a case where a judge may have an opportunity to order the deep lung device as well… the judge can order the defendant get one when the defendant applies for an occupational license due to a driver’s license suspension, during a guilty plea, or if a jury convicts the defendant.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any situation, you should contact an attorney directly.  Contacting the attorney through this blog does not create an attorney client relationship and communications through this blog are not confidential.

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Are There Depositions in a Criminal Case in Texas?

August 5, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy F. Rosenthal

(972) 562-7549

texasdefensefirm.com

Knowledge is power.  A good criminal defense lawyer will want to know as much of the State’s case as conceivably possible.  Most of the time that will probably only be through the police reports, an independent investigation, or what witnesses will tell you voluntarily.  Depositions in civil cases are common but depositions in criminal cases in Texas courts are extremely rare.

Depositions serve two main functions; (1) discovery — or learning the facts of the case; and (2) to nail down a witness’ version of events for later impeachment.  Insurance companies and civil lawyers know all to well that not many people give identical versions of events on multiple occasions.  They get as many witness statements from the same witness as possible to exploit inconsistencies or weaknesses.

Texas Code of Criminal Procedure 39.02 allows a defendant to petition the Court for a deposition if the defendant can show “good reason” for needing the deposition.  It is such a rarity that most trial judges probably won’t see the utility in allowing a deposition of a police officer though.  In all likelihood, depositions in criminal cases are reserved for instances where a witness may not be available later for trial.  If anything, the law allows the prosecution just as much or more leeway with deposing a witness or an alleged victim.  Section 39.025 requires that if the alleged victim is over 60 years old or disabled then the deposition must be taken by the prosecution no later than 60 days after the deposition is requested.

All is not lost for the accused though.  There are a few different mechanisms that allow deposition-like examinations of a police officer prior to trial. An example is an Administrative Law Review (“ALR”) in a DWI case to determine whether a driver’s license should be suspended or denied.  Another example is what is known as an “examining trial” in felony cases to determine if the State has probable cause to hold someone in jail accused of a Felony prior to presentment to the Grand Jury.  These are both instances where an officer can be sworn-in under oath with a record that can be used later.  A good criminal defense lawyer knows how to seize these opportunities for discovery.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice you should consult an attorney directly.

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