You can be arrested for a DWI when you are driving a motor vehicle or boat. Intoxication can be as a result of alcohol or a drug whether legal or illegal or a combination of alcohol or drugs. You can be arrested for this offense if you are intoxicated when driving on a public street or highway or even in a parking lot where where the public has access. You are considered to be intoxicated if you have lost your normal mental or normal physical faculties because of alcohol or drugs or a combination or if you blood alcohol is greater than .o8. If you are charged with a DWI contact my office to discuss the facts of your case. Do not procrastinate because there are deadlines to watch out for and court dates that cannot be missed. Attorney Martin J Rubin will be your advocate during all phases of the case and will educate you about how you should handle your DWI case.
DWI arrests and convictions will effect your freedom and your rights, your employment, your ability to get loans, your ability to lease a residence and of course, the costs of your liability insurance.
The State will also try to take away your license. Fight this suspension at the ALR hearing. Even if you lose your license, Martin J. Rubin will assist you in obtaining an occupational driver’s license so that you can drive for work, school and essential household reasons.
The State will want you to plead guilty and take probation or jail time. Consider contesting the charge. The State has the burden to prove that you are guilty. The State’s burden in all criminal cases is proof beyond a reasonable doubt. This burden is the highest burden required by the law. If the State fails to meet its burden in a jury trial, you will be found not guilty.
Martin J. Rubin will evaluate your case, will read the State’s file and review the State’s videos. Dallas DWI Attorney Martin J. Rubin will spend time with you to discuss the facts of your case, the law, the procedure and will counsel you with how to proceed with your case.
Martin J Rubin may suggest you take your case to a hearing called a motion to suppress. This hearing is heard only by the judge of the court and the burden shifts to the State once the motion is filed and the hearing begins. The Motion to Suppress evidence is one of the greatest tools of winning a DWI case. The two types of motions to suppress include suppressing the blood or breath results because the proper procedures were not met by the State and suppressing all the evidence because the arresting officer may not have had reasonable suspicion to stop you or probable cause to arrest you. If the Judge grants the Motion the State will in most instances dismiss the case without the need to go to trial.
Mr. Rubin has have handled many jury trials for the offense of DWI over the past four decades. If you are found not guilty the next step will be expunge your record. If you are found guilty the judge or jury can assess punishment. It has been Mr. Rubin’s experience that if you take your case to trial and you are found guilty you will not face a harsher punishment from the court. Trials with breath or blood tests are definitely time-consuming and require expertise when cross-examining the State’s witnesses. That is why you need our experienced, knowledgeable and dedicated attorney, Martin J. Rubin.
Texas has tough DWI laws. For a first offense with a blood alcohol level of .08 up to a blood alcohol level of .14, the charge will be a class B misdemeanor. If your blood alcohol level is .15 or greater, even if it is your first arrest for DWI, you will face a class A misdemeanor. DWI can also be filed as third degree felonies if its your third offense or a minor child was in your vehicle at the time of the arrest.
An arrest for driving while intoxicated carries serious punishment. You can face jail time or imprisonment in the State penitentiary. You will have fines and court costs, drug and alcohol classes, hours of community service, monthly visits to a probation officer and probation fees, additional counseling if required, drug and alcohol screening, suspension of driver’s license and possible additional fees paid to the State.