Your Driving Privileges Can be Suspended Even Without a Criminal Conviction

Yes, being charged with driving while intoxicated (DWI) triggers an administrative license suspension. This suspension goes into effect before you can even get to court to fight the charge, before you are found guilty or innocent of DWI. That’s why its important to contact an attorney immedately after being arrest.

If your driver’s license is suspended, the quickest way to have it reinstated is to start working with an experienced criminal defense lawyer to fight the charge you are facing. Demonstrating that you are not guilty of the charge can reverse the suspension, getting you back on the road and able to drive freely once again.

Convictions that Can Affect your Driving Privileges

Many individuals know that being convicted of DWI nearly always results in a driver’s license suspension. This is not the only type of conviction that can impact an individual’s driving privileges, though. Other offenses that can result in a driver’s license suspension or revocation include:

• Failing to make required child support payments;
• Exceeding the maximum number of points on one’s driver’s license;
• Causing a traffic fatality through reckless driving;
• Underage drinking;
• Causing a car accident while driving without valid insurance; and
• Driving with a suspended driver’s license. In this case, the driver’s suspension period may be extended.

An individual with a commercial driver’s license (CDL) faces different driving-related consequences for traffic and criminal offenses than individuals who only have personal driver’s licenses. Being involved in multiple accidents within a short period of time, using a motor vehicle to commit a felony, and being convicted of DWI can all disqualify an individual from holding a CDL.

Administrative License Suspensions

You can face an administrative license suspension for a DWI charge, boating while intoxicated (BWI), and for refusing to take a chemical test to gauge your intoxication level at a DWI or BWI stop. Administrative license suspensions occur independently of criminal court proceedings for DWI and BWI.

After failing or refusing to take a chemical BAC test, a driver is notified that he or she is subject to an administrative license suspension and that it will begin 40 days after the notice is served. The driver has 15 days from the date of receiving this notice to request a hearing to contest the suspension. An expereined attorney can fight this suspension by requesting a hearing, obtaining evidence and issuing a subpoena to force the arresting office to appear and testify about your arrest. Many times you can avoid a suspension completely by aggressively fighting the suspension. Many lawyers are too lazy or not knowledgable enough to fight the suspsnion for their clients. J. mIchael Price II does this on every DWI he handles for his clients.

Work with an Experienced Dallas Criminal Defense Lawyer

If your driver’s license is suspended because of a criminal conviction, your lawyer can help you apply for a hardship license so you can continue to do the driving you need to do to support yourself and your family during your suspension. A better alternative is to avoid having your license suspended in the first place by defeating your charge in court. After your arrest, start working with an experienced criminal defense lawyer as soon as possible to develop an effective legal strategy for your case. Contact J. Michael Price II today to set up your initial consultation with us.

If you have been stopped because a police officer believes you have been drinking and driving, you may be asked to submit to a Breathalyzer test. A Breathalyzer measures the amount of alcohol in your breath and is ‘calculated’ into a ‘blood’ alcohol level by the machine that is doing the testing. When you drink alcohol, it is not immediately absorbed right away. It passes through the body, including the lungs. The amount of alcohol in the lungs can be used to calculate an individual’s blood alcohol content. Therefore, the Breathalyzer is used to indirectly measure the amount of alcohol in the blood by measuring the amount of alcohol in the driver’s lungs.

According to Texas law, if you are arrested for driving while intoxicated, you agreed when you signed up for your drivers license that you would take a blood or breath test that measures your blood alcohol content if requested to by a police officer. This is called implied consent. A law enforcement officer must request and administer the test as soon as possible after driving. Most people have no idea that they ‘agreed’ to this when they obtained their drivers license.

In the last few years, most police departments in the Dallas-Ft. Worth and Collin County areas have ‘no-refusal’ policies. What that means is that if you refuse a breath-test, they will obtain a search warrant and obtain a blood sample from you. This process is usually much more time intensive and requires many more steps for the police to navigate before ultimately obtaining a blood sample. This sample then has to be obtained correctly, processed correctly, stored and transported correctly, and examined correctly. As you can see, just having a ‘blood result’ over the legal limit doesn’t mean you are automatically guilty. There are many ways to fight a refusal case that ends up with a blood test through a search warrant.

When you are pulled over on suspicion of drinking and driving, the law enforcement officer is required to tell you—and provide notice in writing—that if you refuse the Breathalyzer test, you will have your license suspended for at least 180 days. Your refusal may also be used against you in court. The officer should also inform you that if you do take the test and your blood alcohol content is above the legal limit, your license could be suspended for a minimum of 90 days. After explaining these matters, the officer may ask you to take the Breathalyzer.

If you decide to refuse the Breathalyzer test, you will be asked to sign a form that confirms you were advised of the consequences of doing so. The officer will then take your driver’s license. However, your license is not suspended immediately!! You have 15 days to request an administrative hearing to fight the suspension of your license. If you cannot prove that the officer did not have reasonable suspicion to stop you for driving while intoxicated, then your license will not be reinstated.

If this is your second or third time you have been arrested for DWI, your license could be suspended for up to two years.

In some cases, you have no choice but to submit to a breathalyzer or blood test. For example, if you are driving and someone else was seriously injured or killed, a law enforcement officer will require your blood to be tested.

If you are stopped for suspected drinking and driving, there is little time to process your options when it comes to taking or refusing the Breathalyzer, as most citizens have no idea what their actual blood-alcohol level is. It is always within your rights to refuse to provide the officer (and by default the prosecutor and government) with evidence that might incriminate you. Always immediately contact a criminal defense attorney to defend your charges and request that your driver’s license be reinstated. If you were improperly stopped, your charges may be dismissed. In addition, Breathalyzer devices provide faulty readings at times, which may also result in a dismissal of charges. Experienced criminal defense attorneys know how to pinpoint and pursue these defenses.

Contact an experienced Collin County DWI lawyer today for a free consultation

If you have been arrested for DWI, or if your license has been suspended because you refused to take a Breathalyzer, contact Collin County DWI attorney J. Michael Price II today for a free initial consultation. Mike has practiced criminal law for more than 20 years in Texas, and he has helped thousands of clients obtain favorable results. To schedule your free consultation, call 214-465-8000 or contact us online.

If your son or daughter was charged with DUI, the time to start working on his or her case’s defense is now. A DUI charge for a minor is not the same as a DWI charge for an adult, but it can have a similarly negative impact on your child’s life.

Understand the Charge

When a minor is charged with DUI in Texas, he or she faces a Class C misdemeanor. These offenses are generally heard in the municipal court of the city or town where the offense allegedly occurred. Although a Class C misdemeanor can seem minor, it is worthwhile to have a lawyer defend your child’s case. Your teenager can also be charged as an adult with DWI and Intoxication Assault or Manslaughter as well.

A DUI for a Minor Can be Expunged Later

When an adult is convicted of DWI, it remains on his or her criminal record for life. When the individual arrested for DUI was a minor when it occurred, it may be expunged from his or her record if he or she complies with all required court orders. Discuss expungement with your child’s lawyer – if he or she chooses to seek an expungement of the DUI once he or she turns 21, a lawyer can help with this process.

The Differences Between an Adult and a Minor Charge

There are a few significant differences between a drunk driving charge for a minor versus one for an adult. The most obvious is the terminology used: for drivers over 21, the offense is charged as DWI, or driving while intoxicated. For drivers under 21, considered minors under Texas law, it is known as DUI, or driving under the influence. The level of proof is different for a DUI: Driving with any deteactale amount of alcohol in ones system. Its basically a zer-tolerence law: If you have any alcohol on your breath or admit to the officer that you have been drinking, you are subject to being charged/arrested for DUI, even if you are not close to being intoxicated.

Another important difference is the amount of alcohol that must be present in a driver’s bloodstream for him or her to be charged with a DUI versus a DWI. An adult may not operate a motor vehicle if his or her blood alcohol content (BAC) is 0.08 percent or higher. A minor may not drive if he has any alcohol in his or her system.

The penalties for a DUI conviction are different from a DWI conviction. When a minor is found guilty of driving drunk, he or she is generally not required to spend time in jail like an adult may be. However, this is a possibility for a minor found driving with a BAC of 0.08 percent or higher to be charged with . Penalties for a minor DUI conviction include:

• A fine of up to $500;
• Required completion of an alcohol awareness program;
• A driver’s license suspension; and
• Community service.

Work with an Experienced Collin County Juvenile Defense Lawyer

If your child is facing a DUI or a more serious DWI charge charge, your first instinct may be to practice tough love and let him or her face the penalties of conviction. But a DUI conviction can have a substantial negative impact on your child’s ability to secure a job, a scholarship, or a college acceptance. Be your child’s advocate by working with experienced DUI defense lawyer J. Michael Price II to fight the charge. Contact our office today to set up your initial consultation.

In a word, yes. There are many ways to consume marijuana. Although smoking it is the most common way to use the drug, it can also be rendered into oils that can be vaporized or infused in butter to be used in the preparation of baked goods. Possessing these oils or edible products made with cannabis-infused butter is illegal, but it is not charged the same way as the possession of dried, smokable marijuana. Rather, possession of these products, known often as concentrates, is its own drug charge.

Charges and Penalties for Oil and Edibles Possession and Sale

Under Texas law, concentrates and hashish, a product made from cannabis resin, are not considered to be marijuana. Charges for the possession of these products are more severe than charges for marijuana. For example:

• The lowest level hash and concentrates possession charge is a state jail felony, versus a Class B misdemeanor charge as the least severe marijuana possession charge. An individual in possession of one gram or less of hash or concentrates can face six months to two years in jail and a fine of up to $10,000 while an individual convicted of possessing two grams or less of marijuana faces up to 180 days in jail and a fine of up to $2,000; and
• Selling hashish and concentrates is at the very least, a state jail felony while selling marijuana is a misdemeanor at the lowest.

Like other drug offenses, possession and sale of hashish and concentrates is charged according to the amount of the drug the defendant had and allegedly sold or possessed. More marijuana, edibles, or oils means a higher charge and more severe potential penalties.

Additionally, an act of selling concentrates or edibles may be charged more severely if the buyer was under 18 and the seller was an adult at the time of the alleged transaction.

Defenses to a Hash, Oil, or Edibles Possession Charge

You can defend your case against a hash, oil, or edibles possession charge just like you can defend yourself against any other type of drug charge. Strategies to fight this type of charge include:

• Proving that evidence was obtained through an illegal search and seizure;
• Proving that you did not know the item you possessed contained cannabis. For example, you might have reasonably thought you purchased a regular brownie when you in fact purchased one made with cannabis butter;
• A lack of evidence to prove that you were involved in the incident; and
• You possessed the drug under duress, which means you did not willfully possess it.

Work with an Experienced Collin County Drug Defense Lawyer

A drug conviction can have a permanent negative impact on your life. Your future liberty and ability to secure jobs, housing, and live without a social stigma can be preserved by fighting your marijuana-related charge with the help of an aggressive, experienced drug charge defense lawyer. Contact J. Michael Price II today to set up your initial consultation in our office, during which we can determine the most effective way to fight your charge.

Texas legislators fill a gap in the law where visual depictions of a minor may be obscene, but do not rise to the level of pornography.

HB 1810, a new Texas law, is meant to criminalize conduct that would not be considered child pornography, but may still be categorized as possession or promotion of inappropriate visual material depicting a minor. This is a non-registerable, lesser offense that was needed, based on testimony, to address the situation where the material did not include the face or head area of the individual. Additionally, the prosecution must satisfy a high standard by proving that the charged individual intentionally accessed or promoted the lewd material knowing that it showed a minor child at the time the material was created.

The law itself bans access, with an intent to view, or the possession or promotion of obscene visuals sexually depicting a minor child. It explicitly states that the material must appeal to the prurient interest in sex. This may lead to some confusion in the law’s interpretation as it might be difficult to draw a line between material that has sex appeal and material that appeals to the “prurient” interest in sex, which would be encouraging an excessive interest in the sexual material. It is easy to see how this may lead to some interesting case debates in the future.

Additionally, the new law states that the lewd material had no serious literary, artistic, or scientific value. If it did, one would assume that the material would be allowable under the law. Thus, more questions regarding interpretations of this new law arise. It will be interesting to see what lewd material would fall into these exceptions and who would be in charge of deciding what material had something like sufficient “artistic” value to be exempt from punishment.

While this new offense is considered a lesser offense than possession or promotion of child pornography, it still carries severe penalties. It is considered a state jail felony. If an individual was previously convicted of possession or promotion of child pornography, it will be considered a third-degree felony. If the individual was convicted of possession or promotion of child pornography twice in the past, it will be considered a second degree felony. A person convicted of this new offense still faces lengthy jail sentences, large fines, a criminal record, and the stigma this type of crime often carries.

It will be interesting to see how interpretation of this law unfolds over time. Until then, we are left with questions like:

• What statute should govern consensual exchange of photographs between high school students (“sexting”)?
• Who is supposed to determine whether an image has sex appeal?
• Who is in charge of determining whether the material has serious “literary, artistic, political, or scientific value”?

If you are facing criminal charges, you want an attorney with a thorough understanding of criminal law and one that is diligent about any changes or updates in the law. Criminal defense attorney Michael J. Price II knows the importance the state of the law has on his clients. Well versed in criminal law and its new developments, Mike is the attorney to meet if you are facing criminal charges. He provides a no-cost case evaluation where he will let you know if you are eligible to clear your criminal record under the new Texas law.

The Texas legislature has taken a serious step towards preventing false confessions.

Texas SB 1253 has now been signed into law and will require that any interrogations or interviews for serious felony offenses be audio or video taped. The law requires every custodial interrogation of a person suspected of committing certain felonies be electronically recorded using audiovisual recording, or audio recording if audiovisual is unavailable. This would apply to felony charges, including:

• Kidnapping or aggravated kidnapping;
• Murder or capital murder;
• Trafficking or Continuous trafficking of persons;
• Sexual or aggravated sexual assault;
• Continuous sexual abuse of a young child or children;
• Indecency with a child;
• Improper relationship between educator and student; or
• Sexual performance of a child.

Twenty states and the District of Columbia have laws in place relating to electronically recording custodial interrogations. These rules are put in place in an attempt to prevent false confessions to crimes when detectives or police confine and interview suspects for hours until they have “confessed.” This is a wide-sweeping problem in the U.S. The Innocence Project reports that more than 350 wrongful convictions overturned by DNA evidence involved problems relating to a false confession.

If may be difficult to see why someone would confess to a crime that he or she did not commit, and this question has often been studied by researchers. Researchers have found several contributing factors that lead to false confessions, such as:

• Intimidation, real or perceived, by law enforcement during an interrogation;
• Use of force, real or a perceived threat, by law enforcement during an interrogation;
• Exhaustion, stress, mental limitations, and other conditions leading to a suspect’s compromised reasoning ability;
• Deceptive interrogation techniques such as the suggestion that incriminating evidence exists; and
• Fear of a harsher punishment if a confession is not made.

Recording custodial interrogations is a great step towards preventing any of the above from happening and false confessions being used to punish innocent people.

If you have been accused of a crime, know your rights. Contact board certified criminal law Attorney J. Michael Price II. We give you a no-cost case evaluation to see if you are eligible to take advantage of this new law.

Yes. It does not matter if you are facing your first, second, or fifth DWI charge – it is always advisable to fight the charge. Some drivers underestimate the gravity of a first time DWI charge, sometimes out of ignorance and in other cases, because they are familiar with other states’ more lenient DWI laws. In Texas, your first DWI conviction can land you in jail and strip you of your driving privilege for up to two years as well as subject you to other penalties. Even when a case seems like it will surely end with your conviction, you should always exercise your right to fight your charge.

Why you should Fight your DWI

You might not realize the legal options you have. There are many different ways to fight a DWI charge, and even if you were found to be over the legal BAC limit at the time of your arrest, the right legal strategy can lead to the court dropping the charge or reducing the penalties you face.

A first offense DWI conviction will subject you to the penalties discussed above. It will also remain on your criminal record forever; a DWI cannot be expunged.

If you are charged with another DWI in the future, having a previous DWI conviction on your record will subject you to the penalties for a second DWI, which are steeper than those for one’s first DWI conviction. Even if you initially feel you would rather accept the penalties for a first time DWI conviction than go through the hassle of fighting your charge, think of your future. A second DWI conviction can mean spending up to a year in jail and losing your driver’s license for up to two years, among other consequences.

Strategies for Fighting a DWI Charge

Our team has experience fighting DWI charges in Texas. Strategies we employ include:

• Demonstrating the illegitimacy of the original traffic stop;
• Suppressing irrelevant or illegally obtained evidence against the driver;
• Demonstrating that the police officer who conducted the stop somehow violated the driver’s civil rights or did not otherwise comply with the correct police protocol;
• Showing that the test used to measure the driver’s BAC was not properly calibrated or could not provide an accurate result; and
• Offering a plea to a lesser offense or seeking treatment options in place of a conviction.

The right strategy for your case depends on the circumstances of the case.

Work with an Experienced Dallas DWI Defense Lawyer

If you are facing a DWI charge, it is always in your best interest to fight it. If you fight it and win, you avoid having that DWI conviction on your record. If you fight it and lose, you could at least face lower penalties while having the satisfaction of knowing that you tried. When you choose to plead guilty, you are choosing to be convicted. Contact J. Michael Price II today to schedule your initial consultation with an experienced DWI defense lawyer who can discuss your rights and legal options with you further.

On September 1, 2017, David’s Law officially went into action, making cyberbullying a criminal offense in Texas. The law is named for David Molak, a 16-year-old boy who committed suicide in January 2016 after facing years of cyberbullying from his classmates. At the time, the treatment he faced did not fit the current legal definition of online harassment, which meant that his parents could not press charges against any of his tormentors. They worked to change the law and have David’s Law pass through the Texas Legislature. With the law in place, minors accused of bullying other minors via social media, the internet, or other electronic means will be subject to criminal charges.

What is Cyberbullying?

The Texas Education Code defines which acts constitute bullying. With David’s Law, these actions are handled with equal seriousness whether they are committed through electronic means or face to face. Any act that fits the following four criteria may be considered a form of bullying:

• It physically harms another student or the student’s possessions or causes the student to realistically far harm to him- or herself or his or her possessions;
• The behavior is persistent to the point of creating an intimidating, threatening, or abusive educational environment for the student;
• It disrupts the educational process for the student or others in the classroom; and
• It infringes on the victim’s rights.

A few examples of cyberbullying include:

• Spreading rumors about a student online or via messaging apps;
• Creating a fake social media profile to impersonate another student; and
• Sharing embarrassing or personal photos or videos of the student without his or her consent.

New Protections and Requirements Under David’s Law

Under David’s law, acts of cyberbullying that occur on and off school grounds may be addressed by the student’s school. When cyberbullying occurs off campus, the school may address it if it impedes classroom or other school operations or disrupts the victim’s ability to perform academically.

After a bullying incident is reported, the school must notify the victim’s parents within three days and notify the aggressor’s parents within a reasonable time period. Schools must now develop anti-bullying policies and reporting procedures that give students a way to anonymously report bullying they observe.

With this law, cyberbullying is a Class B misdemeanor. When the perpetrator has a previous cyberbullying conviction on his or her record or if the victim was under 18 and targeted with the intent to make him or her commit self harm or suicide, it is a Class A misdemeanor.

The law permits cyberbullying victims to seek immediate relief from harassment by seeking temporary restraining orders, temporary injunctions, and permanent injunctions from the court.

Work with an Experienced Dallas Juvenile Defense Lawyer

If your child is facing a criminal charge, it is important that you start working with an experienced juvenile defense lawyer to develop his or her defense strategy as soon as possible. Contact J. Michael Price II today to schedule your initial consultation in our office to discuss your child’s case further and determine the most effective way to proceed with it.

Texas legislators are prepping the state for federal expansion on the right to possess gun silencers.

A new Texas law, HB 1819, pertaining to possession of a silencer was passed and went into effect on September 1^st. A silencer, or firearm sound suppressor, is meant to muffle the sound of a discharged firearm. It is first important to make it very clear that this law still makes it illegal to possess a silencer in Texas right now, unless you are possessing it legally under Texas law. What the new law really does is prepare Texas for a possible change in silencer laws at the federal level.

The “Hearing Protection Bill” is now working its way through congress and lawmakers are hoping that, in the near future, silencers will be exempt from ATF registration and be treated like a normal firearm purchaser. The federal bill would remove silencers from National Firearm Act requirements. If passed, a person seeking to obtain a firearm would be able to avoid the currently nine-month long approval process and instead go through the much faster National Instance Criminal Background Check currently used for purchase of firearms. The Bureau of Alcohol, Tobacco, Firearms & Explosives (BATF) is way behind on processing silencer applications, hence the nine-month delay in the approval process. Avoiding the BATF process would save applicants a lot of time, $200 in application fees, and the cost of the tax stamp.

What HB 1819 does in actuality is revises current Texas statutes so that they track federal law pertaining to ownership and possession of a silencer. Under the current Texas Penal Code, silencers are required to be registered with BATF. If Congress passed the Hearing Protection Act which would eliminate this requirement before the Texas Legislature met again in 2019, owners of silencers would be unable to comply with state law opening them up to a potential felony offense. HB 1819 prepares Texas in the event that suppressor purchases will only require an NICS background check.

The law can be confusing and is constantly changing. It can be difficult to know and fully understand your rights. If you have question regarding firearm possession or other criminal laws and penalties, you need to contact Attorney J. Michael Price. With board certification in criminal law, Mike is the criminal law specialist you want to consult with on all matters relating to criminal defense and the criminal justice system. Contact J. Michael Price II today and schedule your no-cost case evaluation.

New Texas law bans written communications while you are behind the wheel.

As of September 1^st, reading, writing, or sending electronic communications while you are driving is illegal in Texas. Previously, there was only a State ban in place for minor drivers and bus drivers. Under the new law, you are still able to talk on your phone while driving, unless you are in an active school zone. The texting while driving ban strictly focuses on using your phone for written communication purposes.

While many are referring to the new law as the texting while driving law, it goes well beyond that. It is a ban on electronic messages and written communications while driving. This means no posting on any social media sites, texting, and no emails. There is an exception for checking a message you believe to be related to an emergency situation. Additionally, you can still play music from your phone and use the GPS function. You may also use your phone to report criminal activity and contact emergency services.

Violators of the ban face a misdemeanor charge and fines ranging from $25 to $99. No point will be assessed to the violator’s drivers license. Repeat offenders can face upwards of $200 in fines. If anyone is seriously injured or dies in a crash related to texting while driving, the violator could incur up to $4,000 and up to one year in jail.

It is important to note that this law does not permit law enforcement officers to look at your phone during a traffic stop. If you choose to fight your ticket in court, prosecutors could subpoena your texting history, but this may not be practical. Trying to actually get these records from your wireless service provider would likely be too much trouble for a traffic violation carrying a minimal fine.

Texas passed hundreds of new laws, many of which went into effect on September 1^st. If you have questions about these changes or are facing criminal penalties resulting from them, contact criminal defense attorney J. Michael Price II at 214-765-8000 or online.