Accused of Driving While Intoxicated in Rockwall, TX? Kent Starr Knows How to Get You a Better Legal Outcome than Other DWI Lawyers
Because of a single irresponsible act, you now face 180 days in jail, $2,000 in fines, and a license suspension of 365 days. For your second offense, those penalties skyrocket to 365 days in jail, $4,000 in fines, and a 2-year license suspension. And if the State of Texas successfully convicts you of DWI a third time, you face up to 2 years in prison, $10,000 in fines, and a 2-year license suspension.
And that doesn’t include all your legal fees!
Now here’s the thing about the legal system: not all DWI lawyers get you the same legal outcome.
Hire one with less experience, and he may not know all the tools and techniques necessary to get you a fair legal outcome. And prosecutors aren’t always fair! If they’re simply having a bad day or want to make an example out of you, they may charge you much closer to the maximum.
Lesser experienced DWI lawyers, and attorneys with little drive for their profession, may tell you to settle for a poorer legal outcome than you deserve.
That’s where Rockwall, TX DWI Attorney Kent Starr Comes In…
He doesn’t mess around when it comes to your legal rights. Check out this case example for proof:
A grand jury accused one of Kent’s clients of negligent criminal homicide in Collin County, Texas. Now Kent, and his client admitted the client did in fact kill the person in question.
However, in Kent’s opinion, the charges were not acceptable. Kent approached the district attorney and got into several heated arguments over the charges.
After the arguments, the district attorney decided to charge the client with a much, much more serious crime of manslaughter. He did it as a deliberate attempt to intimidate Kent and his client. The client was now facing from 2-20 years in prison if convicted of the charges.
Kent didn’t take the district attorney’s offer at face value. Instead, he performed legal research on several past similar cases. He presented this information to the district attorney and judge, and neither agreed with Kent’s legal opinion. So the case went to trial.
After an intense, week-long trial, the jury declared Kent’s client not guilty – and he walked away a free man.
In the exact same situation, other inexperienced or less passionate attorneys may have accepted the district attorney’s offer – and sent their client to jail for several years!
The legal system isn’t always perfect (or just) – and that’s why you need an experienced, committed criminal defense attorney on your side.
What Makes Criminal Defense Lawyer Kent Starr’s Legal Approach Unique?
To begin with, Kent’s never been the type to get intimidated. As a young adult, he was a Golden Gloves boxer – and he also has a first degree black-belt!
Now, he doesn’t physically dominate his legal opponents. But he does use his strong, aggressive will (and 17+ years of legal experience) to push as hard as he can on your behalf.
Feel free to do internet research on Kent’s reputation. You’ll find many good things other Rockwall DWI lawyers and clients have to say.
And while he’s tough and assertive in the courtroom, Kent’s pretty laid-back and down-to-earth in person. Clients love his sense of humor because it helps them get by during very difficult times.
Get Your Free Consultation Today!
In order to help you, Kent needs to know the facts of your case. You can call and talk to Kent FREE for 30 minutes at 469.500.5000 or by contacting him online.
Kent will give you his honest legal opinion. If he can help you, he will. And if he can’t, you’ll know that too.
And if he can take on your case, payment plans are available to help make your legal expenses affordable.
Frequently Asked Questions about Texas DWI Law
What’s the Difference Between DWI and DUI?
DUI law only applies to minors (anyone under age 21) driving under the influence of alcohol. Minors cannot have any alcohol in their system while driving a motor vehicle. In the case of DUI, the legal system does not have to prove you were impaired at the time of driving.
When it comes to driving while intoxicated (DWI), it only has to be proven that you have lost the normal use of your mental and physical faculties. If you have a BAC of .08% or greater, that’s enough proof for a DWI conviction.
This doesn’t necessarily mean that you are “drunk” at the time of driving. You just have to experience the loss of normal use of your mental and physical faculties.
How Does an Administrative License Revocation Work?
It’s important to request this type of hearing, called an ALR hearing, because you can save your driver’s license. The Department of Public Safety (DPS) must prove the police officer who arrested you had reasonable suspicion or probable cause to do so.
To win an ALR hearing, the prosecution must show:
• You refused to take a breath or blood test
• If you took the test, your BAC was .08% or higher
Typically, the arresting office submits a written affidavit as proof. However, a DWI defense lawyer can request that officer to show up in person and offer their testimony.
Sometimes arresting officers don’t even show up, and you win if that’s the case. In others, you may be able to find evidence of innocence that’s not written in the report.
Are Methods Used to Determine BAC Accurate and Reliable?
There’s actually a fair margin of error with these. You can have your BAC tested using these three methods, and here’s the facts regarding each:
This method is actually very inaccurate and unreliable. It’s the least common method police use to check your BAC.
Forensic scientists believe this is the most accurate method for testing your BAC. However, it’s the least convenient method for police to use. What’s nice about it is that you can check the results again, if you believe a mistake has been made.
Law enforcement finds this method to be the most convenient one. From an accuracy perspective, however, there’s a lot of debate. The greatest problem with breath testing is you can’t recheck the test results. If you were the victim of an inaccurate measurement, you have little chance of demonstrating error on the officer’s part.
What Happens if You Refuse to Take a BAC Test?
You do have this right. However, this can be used against you in court and your license will immediately get suspended for 180 days. You will be asked to sign a statement acknowledging this incident happened.
You then get a temporary permit that lasts for 41 days. You can then request a hearing to challenge your license suspension – but you only have 15 days to do that. If you don’t request the hearing or fail to prove the officer did not have a reasonable belief you were driving drunk or that you refused the test, your license remains suspended for 180 days.
In most cases, you can’t be forced to take a test for your BAC. However, an officer can make you take the test if someone else was killed or seriously injured.
They can also require you to take one if:
• You had 2 or more prior DWI convictions
• You had only 1 prior DWI conviction that included a child in your car
• You seriously injured or killed someone in the past
• The accident leaves you seriously injured or dead
In the vast majority of cases, it does not help to refuse a BAC test.
How do You Know if Your BAC is Greater than .08%?
You don’t, and there’s no way to know precisely. Generally, you can have 1 12-oz beer, 1 glass (4 ounces) of wine, or 1 shot of whiskey (1.5 ounces) per hour.
However, that isn’t a precise rule of thumb, and don’t misconstrue it as a legal recommendation. The alcohol you consume and your BAC are your responsibility.
Why not just be sensible about it? If you’re going to drink a lot of alcohol, either stay home and don’t drive, take a cab, or hire a designated driver. There’s no sense in putting yourself and others in danger.
Can my License be Suspended if I Got it from Another State?
The State of Texas cannot suspend your license in this situation. However, Texas and most other states belong to the “Interstate Compact on Driver’s Licenses.” If the issuing state belongs to the compact (most states do), it will honor Texas’s suspension. Also, a Texas police officer cannot seize your license if it’s from another state.
Texas can also prevent you from applying for another license in its jurisdiction during the suspension period.
Accused of DWI in Rockwall, Texas? Contact Kent Starr for Your FREE Consultation!
Mistakes and injustices happen in the legal system all the time. Kent Starr knows your rights and will aggressively pursue the best legal outcome to which you’re entitled.
To find out if you will benefit from Kent’s legal representation, call 469.500.5000 today or contact him online.
Payment plans are available to make your legal expenses affordable!