Reynaldo Garza, III
Continuing A Tradition of Legal Excellence
Sooner or later in any person's lifespan, it's likely that you'll need a form of legal representation, such as Minor in Possession Attorneys in Brownsville Texas. If the situation entails Reynaldo Garza, III can certainly be of assistance.
Making an attempt to reduce costs by defending oneself or making use of a court-designated attorney could be quite risky.
Taking shortcuts to limit expenses may well be unwise and may contribute to a total loss of capital, reputation, and maybe even freedom.
The majority of men and women that have met legal adversity can see that it might be advantageous to enlist some help from Minor in Possession Attorneys in Brownsville Texas.
Active in the area of Family Law or Criminal Law, Reynaldo Garza, III is bilingual and represents greater than 20 years of courtroom know-how as Minor in Possession Attorneys in Brownsville Texas.
After graduating from Baylor University’s Law School, Reynaldo Garza III has kept alive a three generations of family tradition of serving clientele in Brownsville Texas at city, state, and federal courtrooms.
Reynaldo Garza III proudly acknowledge the achievements of his grandfather, Judge Reynaldo G. Garza, who was appointed to be a District Judge on the U.S. Court of Appeals representing the Fifth Circuit.
There are lots of Minor in Possession Attorneys in Brownsville Texas to pick from within the surrounding Brownsville Texas district.
Listed here are a handful of the reasons consumers have turned to Reynaldo Garza, III for Minor in Possession Attorneys in Brownsville Texas.
- Reynaldo Garza III is fluent in Spanish and English!
- A multi-generational legal tradition that comprehends the significance of Minor in Possession Attorneys in Brownsville Texas!
- Dedication that encompasses all sorts of lawful practice!
- Local lawyer who grew up right here in Brownsville Texas!
For someone that is dealing with any kind of legal problems, the urgency for experienced Minor in Possession Attorneys in Brownsville Texas can be critical.
Contact Reynaldo Garza, III today when you have questions regarding your ongoing legal circumstances.
Reynaldo Garza, III
680 East St. Charles St, Suite 600
Brownsville TX 78520
956-382-7002
DWI FAQs
What is considered a DWI in Texas?
Driving while intoxicated, or DWI, is considered a misdemeanor in Texas. It is illegal to operate a motor vehicle while under the influence of alcohol or other drugs (including prescription medications).
What is the difference between DWI and DUI?
There is no difference between the terms "DWI" and "DUI." Both are used in Texas. The term "DWI" does not have any legal meaning in the State of Texas, while the term "drunk driving" has a specific definition under state law.
What is considered drunk driving in Texas?
In Texas, the legal standard for "drunk driving" is driving while having an alcohol concentration (AC) of .08 or more. OR driving while intoxicated by drugs, alcohol, or other substances (DWI). Note: If you refuse to take a breathalyzer test in Texas, your driver's license will be automatically suspended for 180 days. If you fail the breath test, your license will be suspended for 90 days.
Driving while having an alcohol concentration (AC) of .08 or more is considered drunk driving in Texas. Note: It is not necessary to have a BAC of .08 or greater for you to be found guilty of DWI; it is enough if you are merely impaired by alcohol or drugs.
DWI is driving while intoxicated by drugs, alcohol, or other substances (including prescription medications). Note: A DWI can occur even if the driver has a BAC below .08%. The same rules apply to "illegal" and "non-prescription" drugs that apply to alcohol.
Can a minor be charged with DWI?
Yes. Persons under 21 years of age can be arrested and charged with DWI, even if the minor is not driving.
Is it possible to get a DWI on a bicycle or as a pedestrian?
Yes. You can be charged with DWI if you are operating an implement of husbandry (e.g., farm machinery) or a motor vehicle – including a bicycle.
Can I be charged with DWI if I was not driving?
Yes. You can be charged with DWI even if you were not the one driving the motor vehicle. For example, you can be charged with drunk driving if you are found behind the wheel of a car that is parked on the side of the road.
What happens if I refuse to take a breathalyzer test?
By law, your driver's license will be automatically suspended for 180 days after you refuse to submit to a breath test. However, it is also possible that you could face jail time or other criminal charges even if you refuse to take a breath test.
Is a no contest plea better than pleading guilty in a Texas DWI case?
No. In Texas, a no contest plea will not protect you from the consequences of a DWI conviction. Plus, in most cases, a plea of "no contest" can be used against you in a civil lawsuit for damages resulting from the accident.
In addition to being found guilty of DWI when submitting a plea of "no contest", you will be subject to all of the same penalties as someone who enters a guilty plea.
If I'm arrested for DWI, does it mean that I'm going to jail?
No. A police officer cannot arrest you for drunk driving unless they have probable cause (a reasonable belief) that you are driving under the influence. At this point, the officer is required to take you into custody and cannot simply issue a citation and/or release you (i.e., allow you to sign an agreement promising to appear in court).
How many drinks does it take before I'm considered legally drunk?
There is no set number of drinks that will make someone legally intoxicated; it depends on a variety of factors (e.g., weight, age, number of drinks consumed over what period of time, etc.). However, it is important to note that it is possible to become legally intoxicated on the first drink.
It is also possible to be charged with DWI even if your BAC is below .08%, if you are impaired by drugs or alcohol.
How do I avoid an arrest for a DWI?
You cannot avoid a DWI arrest by simply switching from drinking beer to drinking wine or hard liquor. Typically, there is no correlation between the number of drinks it takes to become legally intoxicated and the type of alcoholic beverage you choose.
Can I contest my license getting suspended from a DWI stop?
Yes. When a law enforcement officer arrests you for a DWI, they will request that you submit to a breath or blood test. If you refuse this request, your license will be automatically suspended for 180 days. However, it is possible to contest this suspension by filing an Administrative License Revocation (ALR) hearing within 15 days of the arrest.
What can I do to minimize the consequences of a DWI?
You should immediately hire an attorney and take all possible steps to minimize the extent and severity of the charges filed against you. Your goal should be to either have the charges completely dropped or, if that is not possible, negotiate a plea deal (i.e., pleading guilty to a lesser offense).
Can I receive an occupational driver's license after being arrested for DWI?
Yes. In some cases, a judge is willing to issue an occupational driving permit allowing you to drive for professional or educational purposes.
The availability of occupational driver's licenses depends on the specific nature of the offense and your job responsibilities.
What are the legal consequences if this is your first DWI?
If this is your first DWI offense, you will be subject to a fine of up to one hundred dollars ($100.00), ninety (90) days in jail, thirty (30) days of community service, and the loss of your license for six (6) months.
What are the legal consequences in Texas if this is my second DWI?
If this is your second DWI offense within the past ten (10) years, you will be subject to a fine of not less than five hundred dollars ($500.00) or more than two thousand dollars ($2,000.00), confinement in jail for at least thirty (30) days but not more than one year, 120 hours of community service, and the loss of your license for two (2) years.
What are the legal consequences in Texas if I have more than 2 DWI offenses?
If you have two or more DWI offenses within the past ten (10) years, this is considered a felony. You will be subject to a fine of not less than $2,000 or more than $10,000, confinement in jail for at least 180 days but not more than 2 years, community service for at least 200 hours, and the loss of your license for three (3) years.
What factors can increase a DWI charge in Texas?
Even if you do not have a prior DWI, there are various circumstances that can increase the severity of your charge. These include:
- Having a minor in the vehicle;
- DWI with an accident where another person is injured or dies; and/or
- Causing property damage in excess of $1,500.
Are sobriety checkpoints legal in Texas?
Yes, but only under strict circumstances. The law requires the police officer to have probable cause for believing you are driving while intoxicated before stopping your vehicle.
Also, the checkpoint must be approved by a judge and there must be public notice given before it is established.
Can I remove a DWI arrest from my record in Texas?
If you are eligible, you may be able to have your DWI arrest expunged from your criminal record. Expungement is the process by which a judge orders all records relating to a charge or conviction destroyed.
Generally, law enforcement agencies in Texas will not destroy certain records even if an expungement order is issued. Therefore, it may be necessary to contact the agency that produced or collected those records for information on how to have them destroyed.
Is a DWI conviction necessarily final if I choose to go to trial?
No, but it will depend on your circumstances - including whether this is your first offense and the type of evidence presented by the state. If you are found guilty of a DWI, you will have ten (10) days in which to appeal the conviction.
Specifically, you may be able to plead "no contest" or "guilty with an explanation." This is different from pleading "guilty" because your plea does not admit guilt. Instead, it admits that if the court accepts your explanation, you will be found guilty.
For example, your attorney may decide to enter a plea of "no contest" if he or she believes that the prosecution's case is weak and does not think you should run the risk of going to trial and being found guilty.
If you choose this route, you can immediately file an appeal based on ineffective assistance of counsel and the judge must either agree or send your case back to trial.
If I get a DWI in another state, will my Texas drivers license be suspended?
Yes, if you have a Texas license and the state where you received your DWI has notified the DPS that you committed a DWI offense. You can request a hearing with the department to determine if a suspension is warranted.
Are there any new DWI laws in Texas in 2021?
Yes, the Texas legislature recently passed a bill that allows you to use a blameless accident defense in DWI cases.
If you have a DWI conviction and it is overturned based on the new legislation, your case will be considered a first offense. This means your sentence can keep any mandatory punishments to a minimum.
You should work with a DWI defense lawyer who has experience in criminal law and understands how local courts work. You should also be sure your lawyer is familiar with the Texas Department of Transportation's (DPS) guidelines for what constitutes a blameless accident.
Does Texas allow you to drive with an interlock device after your first DWI offense?
Yes, and you should consider doing so even if you received a DWI in another state.
A judge can require the installation of an interlock device as part of your sentence. The court will also fine you $250 for each month that passes without having the device installed.
If you are eligible to drive with an interlock device after your first DWI conviction, you will also be eligible to have an interlock device on any vehicle you drive for 10 years.
How does an interlock device work?
First, you must install the device on all of your vehicles. If you do not own a vehicle, then you must install an interlock device in any vehicle used by someone living in your home.
The device senses whether alcohol is present in the driver's breath and starts recording if it detects even small amounts. The interlock will allow your car to start if it does not detect any alcohol.
You must provide a breath sample before the car will start and drive normally throughout your trip. If you fail to give a breath sample, the interlock device will issue a warning.
If you fail three times within two years, your vehicle's horn will blow and the lights on top of the interlock device will flash. A state trooper and the judge who gave you the first DWI can pull you over if this happens.
After three failed tests, your vehicle may stop working completely and you must restart it by following a series of seven steps that start with removing the key from the ignition switch and ends with blowing into a tube.
If you do not follow the instructions correctly, your vehicle will shut off and remain off for one hour.
Why should I hire a DWI lawyer?
A DWI lawyer will thoroughly investigate your case to determine the best way to resolve it. Hiring a skilled attorney can make all of the difference when negotiating with prosecutors or reducing charges in court.
For example, your attorney may be able to prove that you were not actually driving the car (i.e., someone else was driving) or that you were not driving under the influence because your BAC was below the legal limit.
What should I expect from my DWI lawyer?
Your DWI lawyer should carefully review the facts of your case to determine all possible defenses. Your attorney should also look into whether or not there were any procedural errors committed by police officers during your arrest.
A DWI is a very serious charge that will likely affect every aspect of your life. Therefore, you cannot afford to trust just anyone with your defense. Make sure your attorney is experienced in handling DWI cases and has a proven track record of success.
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