The prevalence of drunken driving fatalities and accidents in this State has created increasingly vigilante police strategies and harsher punishments to those who are charged with intoxicated related crimes. Being charged with Driving While Intoxicated can mean the loss of your license, the loss of your job, and the loss of your liberty.
Consequences for a DWI Charge
In general, Texas DWI punishment possibilities (called ranges of punishment) are dictated by how many DWI convictions a civilian has had.
First Offense DWI with less than .15 alcohol concentration
Class B Misdemeanor with a range of punishment between 3 and 180 days, a possible driver’s license suspension of 90 to 365 days, and a fine not to exceed $2,000.
First Offense DWI with more than .15 alcohol concentration
Class A Misdemeanor with a range of punishment up to 1 year in jail and a fine not to exceed $4,000.
Second Offense DWI
Class A Misdemeanor with a range of punishment between 30 days and 1 year in jail, a fine not to exceed $4,000, and a possible driver’s license suspension ranging from 180 days to 2 years.
Third Offense DWI
3rd Degree Felony with a range of punishment between 2 and 10 years in prison, a fine not to exceed $10,000, and a driver’s license suspension from 180 days to 2 years.
DWI laws are complex. Police efforts to collect evidence against citizens can be complex.
Loper Law fights to hold the police accountable to the proper protocols and procedures for DWI Investigations. If the police do their job improperly, your constitutional rights suffer. Improper detentions, insufficient probable cause, incorrect procedure, and ineffective handling of scientific evidence can all lead to the dismissal of DWI charges.
Loper Law fights against the perception that standing on one leg decides your guilt. Standardized Field Sobriety Tests are regularly administered by officers in DWI investigations. These tests generally include:
Horizontal Gaze Nystagmus Test
One Leg Stand Test
Walk and Turn Test
A citizen has a right to refuse to perform these tests, which are designed to keep a person off balance. If taken, any mistake made by the citizen in the tests will count toward the officer’s decision about their intoxication. Ongoing debate and research fuel speculation about the reliability of these tests. The National Highway Traffic Safety Administration dictates the manner in which officers are to administer the sobriety tests to civilians. If the officer is undertrained or should deviate from the instructions, the tests results become even more unreliable. We know bad police work when we see it, let us help.
Loper Law fights against the reliability of blood and breath test cases. Police agencies often test a citizen’s blood or breath as an attempt to measure their blood alcohol concentration (BAC). Collecting these scientific samples from citizens is a tedious and laborious process, laden with opportunities to taint the reliability of the result. Human error, equipment error, evidence mismanagement, and failure to follow protocol can all contribute to the unreliability of the breath or blood test result. Individual circumstances with the person who provided the sample can also contribute to a false reading of intoxication.
Loper Law has membership in the National College of DUI Defense. We offer a top down assessment of the merits of a DWI charge and fight to uphold the rights citizens deserve. Let us help you.
Administrative License Revocation
Loper Law fights against efforts to take your license.
As a result of refusing to provide a specimen of your breath to the police, the Department of Public Safety will seek to suspend your driver’s license up to 180 days. As a result of providing a breath or blood sample at or above a concentration of .08, DPS will seek to suspend your driver’s license up to 90 days. You need an experienced DWI attorney to challenge DPS.
Apart from representing a civilian on their DWI charge, Loper Law can immediately request an ALR hearing and aggressively challenge the government in front of an administrative judge. These hearings are opportunities not only to contest the suspension of your license but to challenge the legality of the officer’s decisions regarding your stop and arrest. These hearings should not be conducted by civilians on their own but by an attorney with an experienced track record defending the accused.
Are you being investigated by the Federal government? Have you been charged? We can help.
Citizens charged and investigated for federal offenses need a zealous advocate to represent them against the intimidating reach of the federal government. Federal investigations are conducted by the FBI, Immigration and Customs Enforcement, and the Drug Enforcement Agency, amongst others. Federal charges are often the result of a lengthy investigation led by numerous agents producing large amounts of documentation. You need a lawyer who has experience in federal court fighting for the rights of those charged.
Loper Law gets results for those charged with federal crimes including:
Has your child been charged with a criminal offense? We can help.
Loper Law is certified to handle cases in District Court where juveniles are charged with criminal offenses. As a consequence, Loper Law routinely represents juveniles in each District Court of Harris County and has extensive experience practicing Juvenile law. Every outcome and decision made in a juvenile’s case can threaten to affect them for the rest of their life. Loper Law guides parents through a complex juvenile system, fights for the rights their children deserve, and provides the representation their children need. Let us help you.
When a citizen under the age of 17 is charged in Texas, the citizen is charged with a crime as a juvenile. Juvenile charges are distinct from adult criminal charges in many ways and blends components of criminal and civil law into one matter before a court. Once a juvenile citizen is detained, he or she stays in the custody of the Juvenile Justice Center until a magistrate decides to release custody to the parent or guardian. Loper Law can consult with you on the factors that magistrates base their decisions on and can provide you the best chance of your child being released.
Once released, the juvenile is not on bond, but is merely served with a summons to appear before a District Court Judge where the criminal charge is pending. The Juvenile Justice System attempts to rehabilitate juvenile offenders as opposed to criminally punishing them. As a result, juveniles are not convicted of a crime, they are found to have “engaged in delinquent conduct”. Once the charge is pending in court, several resolutions to the juvenile’s case can take place.
Loper Law aggressively challenges the government on the merits of their case once the case in pending in court. Loper Law additionally has working knowledge of the benefits available through the Juvenile Probation Department, and when appropriate, can assist a juvenile to drug or health treatment alternatives in conjunction with the resolution of the case.
Do you need to clean your record? Call Loper Law, we can help.
It is not enough just to get your case dismissed. Criminal charges can follow a citizen for the rest of their life. When a citizen is charged with an offense, the information will always be available to the public, even if the charges were dismissed. When a citizen successfully completes a deferred adjudication probation, the information will always be available to the public. We can help.
If your criminal charge was dismissed, if a jury found you Not Guilty of the charge at trial, or if a Grand Jury declined to indict you and issued a “No Bill”, Loper Law can file a Petition for Expunction on your behalf. By filing the Petition, Loper Law sues the government to expunge a citizen’s record of a criminal charge that was subsequently dismissed. Each agency with any information on your arrest and charge will be ordered to permanently destroy your record.
If you successfully completed a Deferred Adjudication Probation, Loper Law can file a Petition for Non-Disclosure on your behalf. If you completed a Deferred Adjudication Probation for a felony charge, you may be eligible to file the Petition as long as 5 years have passed without a criminal conviction or probation other than a traffic offense. If you completed a Deferred Adjudication Probation for a misdemeanor charge (other than Assault-Family Member), you may immediately be eligible to file the Petition. A court can order each agency with any information on your charge and arrest to seal those records from the view of the public.
Facing charges for Possession of Marijuana? Possession of a Controlled Substance? Delivery of Drugs? We can help.
Law enforcement has aggressively waged a war on drugs. Possession of drugs can carry ranges of punishment that include life in prison. Convictions for drug possession can mean a conviction on your record for life and a suspension of your license to drive.
You need an attorney with experience. Loper Law knows the defects to be found in a narcotics investigation. Improper searches, improper laboratory procedures, unconstitutional detentions, unreliable informants, and inefficient police investigations lead to the dismissal of criminal charges.
Loper Law additionally is familiar with drug treatment opportunities available in lieu of punishments that include prison time. Diversionary treatment programs are accessible within the Texas criminal justice system. We are qualified to assist in discussing those treatment alternatives while, at the same time, pursuing an appropriate resolution to a citizen’s drug charge. Let us fight for you.
Charged with an offense involving theft? Call us, we can help.
Theft can include shoplifting, embezzlement, burglary, forgery, fraud, identity theft, passing bad checks, credit card abuse, possession of stolen property, and robbery, among others.
Theft has been characterized by the Texas Penal Code as a “crime of moral turpitude”. As a result, a theft conviction can taint a person’s credibility for the rest of their life. Theft convictions can cause a civilian to lose their job, lose their lease, and lose their standing in the community.
The term White Collar Crime has been used to describe non-violent theft offenses that involve types of fraud, identity theft, and embezzlement, committed by professionals in the business sector. These allegations can include complex schemes that require effective representation experienced in the area of forensic accounting. We can help.
Loper Law has obtained favorable results for those charged with:
Misapplication of Fiduciary Property
Social Security Fraud
Theft From Person
You need an attorney experienced in protecting the rights of those citizens investigated and charged for the above offenses. Let us help you.
Charged with an offense involving alleged violence against a family member? Loper Law has the experience to help.
Civilians charged with Assault – Family Member face possibilities of punishment that can drastically affect the rest of their life. The result of a Family Violence case can not only affect their liberty, but can affect their ability to reside in their home, maintain custody of their children, and their ability to possess a firearm. Competent and experienced representation is essential if you are charged with a violent offense. We can help.
Are you being investigated by the government? Loper Law protects your rights and gives you a voice.
We represent those citizens who have been pursued by law enforcement, investigators, and grand jury subpoenas in their efforts to obtain evidence for potential criminal charges. An experienced criminal attorney is imperative to protecting citizens’ rights during any investigation. Let us help.
Are you in violation of your probation? Has the State filed a Motion to Adjudicate or a Motion to Revoke your probation? We can help.
In Texas, there are two kinds of probation a citizen can receive, a straight probation and a deferred adjudication probation.
Deferred Adjudication Probation – the Court “defers” a finding of guilt, does not convict you, and places you on probation for a term of years. If the Judge believes you have violated a condition of your probation, he or she may sign a Motion to Adjudicate your guilt and issue a warrant for your arrest.
Straight Probation – the Court finds you guilty, convicts you, and “probates” your sentence for a term of years. If the Judge believes you have violated a condition of your probation, he or she may sign a Motion to Revoke your probation and issue a warrant for your arrest.
Once a citizen is accused of violating their probation, he or she has a right to notice of the alleged violation and a hearing before the Judge to contest the validity of the accusations. The outcome of the hearing lies entirely within the discretion of the Judge. An experienced attorney is essential to guiding a citizen through this process fighting for the right result. Let us help.
Charged with an offense involving allegations of sexual misconduct? Let us fight for you.
Loper Law has experience protecting the rights of those citizens charged with crimes that can devastate their reputation, damage their personal relationships, brand them as a sex offender for life, and send them to prison for lengthy periods of time. Such crimes are prosecuted aggressively by the government and often involve claims by alleged victims that are hard to overcome. You need a qualified attorney experienced in these types of cases. Call us.
Loper Law has obtained favorable results for those charged with:
Sexual Assault of a Child
Solicitation of a Minor
Possession of Child Pornography
Improper Relationship Between Educator and Student
Have you been convicted or sentenced for an offense that should be overturned? Did you plead guilty to an offense involuntarily or without knowledge of vital information? Has your conviction affected your immigration status unexpectedly? Loper Law has the post-conviction experience you need.
Loper Law can file an application for a writ of habeas corpus, asking a court to overturn a conviction based on a violation of rights the convicted citizen was entitled to. The law does not place a deadline for filing a writ of habeas corpus, however, such an application should be pursued without delay.
Citizens are entitled to the effective assistance of counsel while defending themselves against criminal charges. If you did not receive effective assistance during your criminal, you may be entitled to relief. If new evidence demonstrating your innocence has developed since the time of your conviction or plea of guilty, you may be entitled to relief. If you entered a plea of guilty to a criminal offense involuntarily, you may be entitled to relief. Call us for a free consultation to discuss your case.