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Daly & Campbell Law Firm​​

1506 Winding Way Drive, STE 503, Friendswood, Texas 77546​

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What is Mortgage Fraud?

Going through the mortgage application process is grueling.  Lenders demand extensive documentation and long applications.  Mortgage fraud cases generally involve a material misstatement, misrepresentation or omissions

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DWI Offenses & Punishments

DWI Offenses & Punishments including mandatory Driver’s License Suspensions Driving While Intoxicated First Offense Class B Misdemeanor 1. Three days to 180 days in jail and

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DWI & Blood Tests

Blood samples are analyzed for alcohol content using a Gas Chromatography.  More specifically, it is a Head Space Gas Chromatograph with Flame Ionization Detector. The Good

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Refusing the Test: Driver’s License Suspensions

Most people have heard and believe that you should always refuse.  If you refuse, your driver’s license is “automatically” suspended.  Reese prefers to say it’s subject* to being suspended.  After a refusal, the officer can (and probably will) obtain a search warrant to forcible take a blood sample.

*Reese says you are subject to a suspension because it is not automatic.  After a DWI arrest in which you have refused to take a blood or breath test, it is extremely important that you realize that you have the right to force DPS to prove that you refused to take a blood or breath test before they can suspend your license.  You must request a hearing within 15 days of the arrest.  The same is true if you agree to take a test and fail.  It is important that you have an updated address on your driver’s license because this is were DPS will send the notice of failure.  Once the notice of failure is received you only have 15 days to request a hearing.  YOU CAN REQUEST IT ONLINE HERE.  

Once a hearing date is set, it is your (or your attorney’s) responsibility to ensure that the police officer is properly subpoenaed to attend the hearing.  If the police officer doesn’t show up then you automatically win and your license is not suspended.  If the officer does show up then this is a great opportunity for your attorney to cross exam the officer before he has a chance to work out his testimony with the prosecutors on your case.

Driver’s License Suspensions for Refusing or Failing a Test

Periods of Suspension for Adults

An individual’s driver license will be suspended under the following circumstances.

1.  The individual refused to provide a blood or breath specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance.

180 Days – First Offense

2 Years – If previously suspended for failing or refusing a blood or breath test, or for a DWI, Intoxication Assault, or Intoxication Manslaughter conviction during the 10 years following the date of arrest.

2. The individual provided a blood or breath specimen with an alcohol concentration of 0.08 or greater, following an arrest for an offense involving the operation of a motor vehicle or watercraft while intoxicated.

90 Days – First Offense

1 Year – If previously suspended for failing or refusing a blood or breath test OR previously suspended for a DWI, Intoxication Assault, or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

Periods of Suspension for Minors (Under 21 Years of Age)

A minor’s driver license will be suspended under the following circumstances.

1. The minor refused to provide a blood or breath specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance.

180 Days – First Offense

2 Years – If previously suspended for failing or refusing a blood or breath test OR previously suspended for a DWI, Intoxication Assault, or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

2. The minor provided a blood or breath specimen or a detectable amount of alcohol was found following an arrest for an offense involving the operation of a motor vehicle while intoxicated.

60 Days – First offense involving alcohol

120 Days – If previously convicted of an offense involving the operation of a motor vehicle while under the influence of alcohol.

180 Days – If previously convicted two or more times of an offense involving the operation of a motor vehicle while under the influence of alcohol.

3. The minor was not requested to provide a blood or breath specimen following the arrest for an offense involving the operation of a motor vehicle because the presence of alcohol was detected or measured by other means.

60 Days – First offense involving alcohol

120 Days – If previously convicted of an offense involving the operation of a motor vehicle while under the influence of alcohol.

180 Days – If previously convicted two or more times of an offense involving the operation of a motor vehicle while under the influence of alcohol.

Periods of Disqualification for a Commercial Driver License (CDL)

A CDL will be disqualified for one year under the following circumstances.

1. The individual refused to provide a blood or breath specimen to determine the concentration of alcohol or the presence of a controlled substance while operating a commercial motor vehicle in a public place; or

2. While operating a motor vehicle in a public place, the individual provided a blood or breath specimen that showed an alcohol concentration of:

1. 04 or more (commercial vehicle only)

2. 08 or more (any vehicle)

3. 10 or more (any vehicle)

A CDL will be disqualified for three years from transporting hazardous material under the following circumstances.

1. The individual refused to provide a blood or breath specimen to determine the concentration of alcohol or the presence of a controlled substance while operating a commercial motor vehicle transporting a hazardous material required to be placarded (displayed).

2. While transporting hazardous material required to be placarded (displayed), the individual provided a blood or breath specimen that showed an alcohol concentration of:

1. 04 or more (commercial vehicle only)

2. 08 or more (any vehicle)

3. 10 or more (any vehicle)

Are you are here looking for help? If so, we are here waiting to help you.