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"No Refusal" DWIs & Your Rights

The Law Office of Troy P. Burleson — Tue, 29 Mar 2016 18:23:00 GMT

Due to the perceived threat to other drivers represented by drunk drivers, law enforcement agencies in many states including Texas take part in No Refusal initiatives to crack down on those intoxicated behind the wheel. These No Refusal programs permit law enforcement in a given jurisdiction to obtain a search warrant for blood samples if a motorist is suspected of drunk driving and refuses to submit to a breath test.

Law enforcement officers in North Texas generally have access to a means of obtaining a warrant via on-call judges or magistrates in order to acquire a blood sample from drivers who otherwise will not submit to giving a breath or blood sample. When a No Refusal period is in force, prosecutors and judges are readily available to make the process of acquiring warrants more efficient in order to obtain more DWI convictions.

Luckily No Refusal initiatives are made known to the public well in advance to inform drivers of the potential increase in arrests.

Usually, law enforcement departments schedule No Refusal periods during holiday weekends.

Typical No Refusal weekends in Dallas include:

New Year's Eve
St. Patrick's Day
Memorial Day weekend
4^th of July
Labor Day weekend
Halloween
St. Patrick's Day

What are my Rights?

When police officers are especially looking to charge you with drunk driving, all the more reason to be aware of your rights. The first fact to be aware of is that, as an "Implied Consent" state, in Texas, just by driving you are consenting to give a breath or blood test if asked by police.

It is also worth remembering:

Always remain in your vehicle if stopped unless asked to exit by law enforcement
You can refuse to take a field sobriety test, such as the on-leg stand
Only drive away from the scene if the officer says you can
You have the right to not answer answers which may incriminate you
If you caused an accident which harmed another, you must give a breath or blood sample

You need to speak to an experienced Collin County by your side to hold law enforcement accountable when they infringe on your rights.

Call me at The Law Office of Troy P. Burleson right away to begin your defense.

New Texas DWI Law Allows for Ignition Interlock Option

The Law Office of Troy P. Burleson — Tue, 29 Mar 2016 18:16:00 GMT

Texas motorists are feeling the effects of a new DWI law passed back in September which lets those convicted continue to drive with some limitations. The new law permits anyone convicted of DWI who had a blood alcohol content of less than 0.15 to continue driving so long as they install an ignition interlock system in their vehicle.

Prior to this law, those convicted of DWI were subjected to a suspension of their driver's license, although judges had the discretion to grant exceptions to this. Now, by submitting to having an ignition interlock device installed, the convicted may still go to work or take their children to school.

State Representative Jason Villalba, who helped in drafting the law acknowledged that "people that were being convicted below 0.15 were driving anyway—even with a suspended license."

Villalba went on to admit that those with blood alcohol levels of more than 0.15 had previously been forced to obtain an ignition interlock device.

At the same time, drivers now have the option to have their license suspended rather than pay for the installation of an ignition interlock. Villalba explained, "You can say, 'I don't want any of these things, government. I don't want anyone watching what I'm doing. I want to be under a hard suspension."

Mothers Against Drunk Driving has been pushing for new ignition interlock requirement for a decade, which it had accomplished in half of the country, and reportedly was pleased with the new measures.

The law had passed the State House and Senate almost unanimously last summer and was signed into law by Governor Greg Abbott.

If you have been charged with DWI, call on a Collin County DWI attorney from my firm to fight back and protect your driving privileges and your record. I understand how DWI charges work and push back against the prosecution's case against you.

What Kind of Penalties Do I Face for My First Arrest?

The Law Office of Troy P. Burleson — Thu, 16 Apr 2015 21:26:00 GMT

You could face criminal and administrative penalties for a DWI conviction, even your first.

Administrative penalties revolve around the loss of your drivers' license which are connected to the DMV. At your arrest (before even going to trial), your drivers' license will be suspended for at least 90 days and up to 180 days by the arresting officer. This suspension can be contested however by your attorney. You need to act quickly after your arrest to schedule a hearing to challenge your suspicion and argue that police had no right to stop you and you were not intoxicated.

There is a mandatory 180 suspension if you refuse to submit to a chemical test as well. You are required to submit to such tests when asked under the Implied Consent law.

While atypical, courts may still require you to install and maintain an Ignition Interlock Device in your vehicle for your first DWI as well.

What are the possible criminal penalties?

For a first offense, it is possible to be incarcerated for up to 180 days but for at least 3. How long your sentence will last depends in large part on the details of your case such as if your blood alcohol level was especially high; that is, more than 0.16.

You can also be fined for your DWI by up to $2,000. Again, the exact amount can be more in reality based on the circumstances, even up to $10,000. As part of the state DWI surcharge program, you can also be forced to pay $1,000 each year for three years. With a blood alcohol of 0.16, your yearly surcharge is increased to $2,000.

Even after serving time and paying all relevant fines, your first DWI will remain on your record for ten years and each subsequent DWI conviction within those ten years will be counted as second and subsequent offenses resulting in longer prison sentences and higher fines.

Your DWI charge can be contested, and as a Collin County DWI lawyer, I can challenge any part of your arrest. I practice DWI law exclusively and understand the laws regarding drunk driving in Texas very well. My track record of success means you should turn to me when you have been arrested for DWI.

Call on my firm to set up your free case evaluation and learn how I can help you.

3rd DWI Offense

The Law Office of Troy P. Burleson — Tue, 08 Jul 2014 07:00:00 GMT

When an individual is arrested for a 3rd DWI offense here in Collin County, he or she will be facing felony charges and penalties. A 3rd DWI offense is a 3rd degree felony. Penalties for this type of offense will include fines not to exceed $10,000, incarceration for between 2-10 years, the mandatory installation of a deep lung air device on your vehicle, 160-600 hours of community service to be completed while on probation and the immediate suspension of your driver's license for between 180 days and 2 years.

As multiple DWI offenses are an indication of a serious problem with alcohol, many courts and juries will also order a repeat offender complete an alcohol rehabilitation program. If the judge should make the determination that you are a habitual offender, you may be required to take the prescription drug Antabuse. This particular drug is intended as an alcohol deterrent as it causes individuals to become violently ill anytime they consume any amount of alcohol.

With the harsh penalties you stand to face upon a 3rd DWI offense or subsequent offenses, it is important you act quickly to retain legal counsel from a DWI lawyer at my firm. I am a proud member of the National Trial Lawyers Association's "Top 40 Under 40" and am honored to have been recognized by the organization on their list of " Top 100 National Trial Lawyers." My experience and in-depth knowledge of DWI laws makes me more than qualified to handle any type of DWI case, from the most basic to the most complex. I am well aware of the various strategies which can be used to challenge and beat DWI charges and will stop at nothing to help you clear your good name through a dismissal of charges or an acquittal at trial.

When you retain my legal services, you can trust that I will take immediate action to investigate your case and begin strategizing for your defense. If you are interested in dramatically improving your chances of avoid a 3rd DWI conviction, call my firm to schedule a free consultation with me, Collin County DWI lawyer Troy Burleson.

2nd DWI Offense in Texas

The Law Office of Troy P. Burleson — Wed, 02 Jul 2014 16:45:00 GMT

Being arrested for a first-time DWI can be a very frightening experience. For many people, their first interaction with law enforcement comes when they are placed under arrest for a suspected DWI. The stigma of any DWI conviction is one that is not easily lived down. If you have been arrested for a 2nd DWI offense, you could face exceedingly enhanced penalties and additional legal problems.

A 2nd DWI offense in Collin County will be charged as a Class A misdemeanor. Penalties for a 2nd DWI offense can include:

Fines up to $4,000
Between 72 hours and 12 months in jail
80-200 hours of community service
The mandatory installation of a deep lung air device (also known as an ignition interlock device)
The suspension of your driving privileges for between 6 months and 2 years
Other potential penalties

In many cases, there will be other potential penalties which could be ordered by the court. With aggressive representation from an experienced DWI attorney in Collin County, your 2nd DWI offense does not have to result in a conviction.

My name is Troy Burleson and I am a DWI attorney who has worked hard over the years to build a reputation for being unrelenting in my pursuit of justice on my clients' behalf. My long track record of success is a clear indication of my commitment. Since 2007 my firm and I have handled over 350 DWI trails and helped countless individuals avoid the serious penalties of a DWI conviction.

I have an 8.4 Excellent Rating on Avvo and have been recognized as Collin County Trial Lawyer of the Year for 5 consecutive years from 2009-2013. If you are facing a 2nd DWI offense, I advise you waste no time calling my firm and hiring me as your DWI attorney. I can provide you with the hard-hitting defense strategy you need to achieve a positive resolution to your case. Call a Collin County DWI attorney now!

Potential Penalties for a DWI

The Law Office of Troy P. Burleson — Mon, 23 Jun 2014 16:31:00 GMT

Have you been arrested for allegedly driving while intoxicated? Are you wondering about the potential penalties you could face upon conviction? Our state has very strict laws relating to alcohol and drug-related driving offenses. If you have been arrested or charged with DWI, hiring Collins County DUI lawyer Troy Burleson will greatly improve your odds of being able to avoid the significant costs and penalties of a DWI conviction.

Any individual convicted of DWI in Texas is likely to face penalties far beyond simple jail time and fines. Some of the additional costs of a DWI conviction can include:

Probation fees
Court costs above and beyond court-ordered fines
Attorney fees
Moving violation fines associated with intoxicated driving
Driver's license reinstatement fees
Increased insurance premiums
Fees associated with the installation of an ignition interlock device
SCRAM alcohol monitoring system fees
Costs relating to Antabuse alcohol treatment
DWI education courses

When you hire me as your DWI lawyer, you will be able to benefit from the hundreds of trail cases I have successfully handled over the years. My clients depend on me to do everything I can to minimize their costs and assist them in achieving the most optimal outcome to their case.

I am an experienced lawyer who is known in and around Collin County as The DWI Trial Guy™. I am well versed on laws pertaining to DWI and DUI, and have been recognized by the National Trial Lawyers Association as one of the "Top 100 National Trial Lawyers." If you are facing any of the potential penalties for DWI, I am the lawyer you want on your side.

My record of success is a true testimony of the commitment I have in defending my clients' cases until the very end. If you need legal representation against DWI charges, contact my firm to schedule a free case evaluation. You owe it to yourself to find out what my firm and I can do for you.

Are Sobriety Checkpoints Legal?

Troy Burleson — Tue, 15 Apr 2014 22:15:00 GMT

There are some states in which sobriety checkpoints are legal, however Texas state law does not currently allow for sobriety checkpoints or roadblocks to be set up for the purpose of having law enforcement try to determine whether an individual has been driving while intoxicated. Legislature has ruled that such checkpoints or roadblocks are a violation of people's Fourth Amendment rights and that nobody should be subjected to this type of unwarranted stop without probable cause.

If you have been placed under arrest for a suspected DWI after being stopped at a sobriety checkpoint or roadblock in Collin County or anywhere throughout the surrounding area, you need to hire legal representation at once. My firm has handled more than 350 DWI trial cases since 2007 and I have a very high rate of success when it comes to attaining not guilty verdicts for my clients. I am also honored to have been selected for inclusion on the Super Lawyers® Rising Stars℠ list of both 2012 and 2013. Individuals who retain my services do so as they know I will work diligently to mount an aggressive defense on their behalf.

I have devoted my practice to helping my clients achieve the most optimal results for their individual case. If your rights have been violated during an arrest made at a sobriety checkpoint, let the "DWI Trial Guy" represent your case and prove you with the representation you need to successfully challenge your arrest and get the charges against you dismissed. Through a free case evaluation I will be able to advise you of your rights and help you decide how to proceed. Contact Collin County DWI attorney Troy Burleson today.

Can a DWI Arrest Be Challenged?

Troy Burleson — Wed, 09 Apr 2014 22:10:00 GMT

Many people are unaware of the fact that neither a DWI arrest, nor a failed breath or blood test, is enough to guarantee a conviction. Before making a DWI arrest an officer is required to establish probable cause. In many cases a failed field sobriety test, a 0.08 blown on a breathalyzer test, slurred speech, the smell of alcohol on your breath or an admittance of guilt are all an officer may need before being able to place you under arrest for a suspected DWI. In situations such as this it is important for you to know and exercise your legal rights. You are under no legal obligation to submit to field sobriety tests. This type of "testing" is often used by officers to establish probable cause and justify an arrest. The problem with these types of tests is that they are highly subjective and open to interpretation. While you are legally obligated to submit to blood, breath and other types of chemical testing, an experienced DWI lawyer will have ways in which to challenge the results. Human error and technological failure are two of the most common defenses which can be used to effectively challenge a DWI arrest.

To avoid being charged with a criminal offense as a result of an unlawful arrest, inaccurate test results or due to other extenuating circumstances, you are going to need a DWI lawyer you can trust to fight on your behalf. Hiring a Collin County DWI lawyer from my firm will significantly improve your chances of being able to successfully challenge your arrest and secure your freedom. I, Troy Burleson, am a well-known DWI lawyer who has been certified in Mastering Scientific Evidence in DWI. I have also obtained the same certification in field sobriety testing that law enforcement officers are required to obtain. I have been recognized as the Collin County Trial Lawyer of the Year for 5 consecutive years and have received an 8.1 Excellent Rating from Avvo.com. Having handled more than 350 DWI trials over the years, I am more than qualified to represent your case and help you challenge your arrest. Call my firm now so I can advise you of your rights, review the circumstances leading up to your arrest and develop a strategy for your defense. There is no reason to "accept" the so-called evidence the prosecution may lead you to believe they have against you, particularly when I am ready to do everything I can to help you retain your freedom and clear your good name.

Mother Charged with Intoxication Manslaughter After Two of Her Children are Killed in DWI Accident

Troy Burleson — Fri, 04 Apr 2014 22:10:00 GMT

It was approximately 8pm on March 30th, 2014 when a 30-year-old woman was driving home with her 4 children, after a visit to her mother's house, just a mile or so away. Police reports indicate the woman had been driving her SUV at a high rate of speed when she suddenly lost control of the vehicle and it ended up hitting multiple parked cars, jumping the curb, flipping over and landing in another person's front yard. Two of the woman's children died at the scene of the accident, while the other 2 children were transported to local area hospitals for treatment of their injuries.

The driver herself sustained only minor injuries. An arrest affidavit from the officer who interviewed the woman stated that the woman not only had the smell of alcohol on her breath, but she admitted to consuming at least 5 alcoholic drinks over the course of the evening. Blood tests showed the woman's blood alcohol concentration (BAC) level to be 0.18, which is more than double the legal limit. As a result of the accident and evidence gathered against her, the woman has since been charged with 2 counts of intoxication manslaughter, 2 counts of injury to a child and 1 count of intoxication assault. The woman's mother maintains her daughter was not intoxicated at the time of the accident.

Intoxication manslaughter is charged as a 2nd degree felony offense here in Collin County. Penalties for this type of crime can include fines of up to $10,000 and between 2 and 20 years in prison for each charge. If you have been arrested on charges of intoxication manslaughter, or any other DWI-related charge, it is vital that you waste no time in securing legal counsel to act in your defense. My name is Troy Burleson and I am known as the "DWI Trial Guy." Over the past 7 years, I have handled more than 350 DWI trials and have helped countless individuals win not guilty verdicts at trial. I have been personally trained on the Intoxilyzer 5000 and am well aware of what it takes to successfully challenge DWI evidence. Let me reassure you that a failed breathalyzer or blood test does not guarantee a conviction. Admitting guilt or failing to exercise your legal rights will put your case at risk. If you want to challenge your arrest and fight the charges you face, contact a Collin County DWI attorney at my firm right away. I will advise you of your rights, help you strategize for your defense and be the aggressive advocate you need during this difficult time in your life.

As an Underage Driver, what DWI Penalties do I face?

Troy Burleson — Mon, 20 Jan 2014 16:05:00 GMT

If you have been arrested for DWI and you are under the legal drinking age of 21 you could be facing penalties including but not limited to $2,000 in fines, up to 6 months in jail and a 1-year suspension of your driver's license upon conviction. Should your blood alcohol concentration (BAC) level be in excess of 0.08% you could also be convicted for underage drinking and face the additional penalties associated with that crime. Law enforcement officers in Collin County are not lenient when they find underage minors driving while intoxicated. You should expect to be prosecuted to the fullest extent of the law and you would be wise to anticipate the prosecution pursuing maximum charges in your case.

In a situation such as this, it is in your best interest to have an experienced Collin County DUI attorney on your side who will aggressively fight the charges you face and do everything possible to help you avoid a conviction. I, Troy Burleson, am a three-time Collin County Trial Lawyer of the Year who is known for winning well over 70% of the cases I represent. I am one of the only lawyers in the county whose practice is solely based around DWI cases and I have earned more than 170 "not guilty" trial verdicts in the over 200 DWI trials I have handled. I am well aware of the immediate and long-term problems that can result from an underage DWI conviction. As I am trained in the same field sobriety testing procedures law enforcement use to establish probable cause and justify an arrest, I often use my knowledge and expertise to find discrepancies or errors in the arrest process that can be used in my clients' defense. Keep in mind that your actions following your arrest and the legal representation you choose will have a direct impact on the outcome of your case. Call my firm right away so that I can review your case, advise you of your rights and begin the process of helping you build an effective strategy for your defense.

Will My Vehicle Be Impounded If I Am Arrested for DWI?

Troy Burleson — Mon, 13 Jan 2014 16:00:00 GMT

Vehicle impoundment is one of the penalties you could face if you are arrested for DWI in Collin County or any of the surrounding areas. It is not as common to see a vehicle impoundment on a 1st-time DWI offense, however 2nd- and 3rd-time offenders are far more likely to have their vehicle impounded following an arrest. Once your vehicle has been impounded, you will be required to pay all towing and impound expenses before you can get it back. One of the other penalties you may face is the court-ordered installation of an ignition interlock device (IID) on your vehicle that would prohibit you from being able to drive if a breath tests shows any sign of alcohol in your system. Habitual repeat offenders may face having their vehicle confiscated after a DWI arrest. If your vehicle is confiscated, you may not be able to get it back.

For years, my firm has been a strong advocate for the rights of those individuals accused of DWI and other alcohol-related crimes. I am a skilled Collin County DUI lawyer who has defended clients in more than 200 DWI trials since 2007. During this time I have also earned in excess of 170 "not guilty" verdicts on behalf of my clients. I have undergone the same National Highway Traffic Safety Administration field sobriety test training as law enforcement officers in the area and I have been certified in Mastering Scientific Evidence in DWI/DUI Blood and Breath Testing. When being faced with multiple DWI charges and the serious penalties that go along with them you want me, Troy Burleson, on your side. I understand the severity of such charges and I will stop at nothing to help you obtain the positive outcome you seek. If you have been arrested for DWI or you have had your vehicle impounded after a DWI arrest, contact my firm or fill out a free case evaluation so that I can review your case and begin immediately working on your defense.

"Affluenza" Defense Falls Under Scrutiny

The Law Office of Troy P. Burleson — Tue, 24 Dec 2013 17:35:00 GMT

Houston – "Affluenza," is the term that was used by a psychologist to argue that a North Texas teenager from an affluent family shouldn't be sent to prison for killing four pedestrians after drunk driving. However, "affluenza" is not a recognized diagnosis and shouldn't be used to justify bad behavior argued another psychologist on Thursday.

Affluenza is a non-medical term that was coined in the late 1990s by author Jessie O'Neill, the granddaughter of a past president of General Motors in her book, "The Golden Ghetto: The Psychology of Affluence."

Affluenza has been used to describe a condition where children from richer families have a sense of entitlement, are irresponsible, make excuses for bad behavior and in some cases dabble in drugs and alcohol, explained Dr. Gary Buffone, a psychologist in Jacksonville, Fla. Who advises on family wealth.

Affluenza was also used by an expert defense witness in a trial involving a 16-year-old driver who avoided a sentence that could have reached 20 years in prison after he confessed to intoxication manslaughter in the fatal accident involving the four pedestrians. Instead of getting up to 20 years in the four deaths, District Court Judge Jean Boyd gave him 10 years probation.

Prosecutors in the case argued for the maximum prison sentence for the June 15 accident; however, the boy's defense attorneys said that he needed rehabilitation and not prison. Psychologist Gary Miller testified in court that the boy grew up in a house where his parents were preoccupied with arguments which ultimately led to divorce and that the boy suffered from "affluenza."

According to authorities the teen and his friends were seen on surveillance video stealing two cases of beer from a store. The boy had seven passengers in his Ford F-350, had a blood alcohol level that was three times the legal limit, and was speeding when he slammed into four pedestrians, killing each one of them.

The judge decided that the boy would receive intensive therapy at a rehabilitation center near Newport Beach, Calif., which the parents would pay for.

What it Means to be "Intoxicated"

The Law Office of Troy P. Burleson — Mon, 16 Dec 2013 17:11:00 GMT

Given the fact that each person responds to alcohol differently, it's no wonder why so many people don't fully understand the effects of alcohol, nor do they know when they have had too much to drive. According to the Office of Alcohol and Drug Education, intoxication occurs long before a person passes out.

Each person responds differently to the effects of alcohol and factors such as the person's mood, the drinking setting, their physical health, gender, and tolerance to the chemical can all affect intoxication.

Intoxication is defined as the point which alcohol depresses the central nervous system to the extent that mood, physical and mental abilities have noticeably changed. If you have consumed alcohol in the past, you may have noticed yourself that sometimes you can practically feel drunk on a couple of drinks when other times you can have several drinks and "not feel a thing."

The legal definition of being intoxicated is to have a Blood Alcohol Content (BAC) of .08%.

Contrary to popular belief, "tolerance" has no correlation to a person's BAC, which is the amount of alcohol in a person's system based on their weight, the number of drinks consumed, and the period of time during which the alcohol was consumed; for example, three beers in one hour.

It is recommended that an individual not exceed a BAC of .056%, because at this point an individual can experience a positive, relaxed and euphoric state. However, when the BAC exceeds .056, the negative, depressant effects of alcohol set in.

When a person's BAC reaches .06 to .10, a person begins to experience the following undesired effects of alcohol:

Inappropriate behavior and impaired judgment
Stumbling, staggering, losing fine motor skills
Slurred speech, overly talkative
Slowed mental processing (forgetting, losing train of thought, inability to follow conversations well etc.)
Intensified, and sometimes inappropriate emotions
Decreased inhibitions

Predominant factors that affect intoxication and alcohol absorption include whether or not the person has eaten, the strength of the drink, body weight, body fat level, gender, rate of consumption, functional tolerance, medications, illness and fatigue.

If you are facing DWI charges, contact The Law Office of Troy P. Burleson at (888) 503-2736 to discuss your case!

Texas DWI Costs Quickly Add Up

Troy P. Burleson — Tue, 19 Nov 2013 19:01:00 GMT

With Texas law enforcement cracking down on DWI arrests throughout the state, the Texas Department of Transportation has created a website to help individuals understand the ramifications of drunk driving charges. On the website, they break down how the police are becoming more strict, the consequences that could be had and help individuals find a ride if they are intoxicated. It is a valuable site that also breaks down the cost that a DWI can have one an individual even just for being accused.

The initial fine: $2,000
Stay in jail: $2,075
County fees: $400-$1,000
Court ordered alcohol education classes: $300
Increase in insurance costs: $250
License fees: $1,950
DWI surcharge: at least $1,000 once a year for 3 years = $3,000 or more
Towing: $100-$200

Add all of this up and add in any attorney's fees and you could be looking at $17,000 for your first DWI conviction. If it is a second or third DWI, you could face even higher fines and steeper consequences. The website helps lay out these costs to show individuals that it is far cheaper to call a cab or find public transportation home.

Of course, at The Law Office of Troy P. Burleson, we realize that mistakes happen or that you may have tried to obtain a ride, but could not. With this in mind, it is our number one priority to protect your rights and defend your case with personal attention to detail. Attorney Troy Burleson has been a three-time Collin County Trial Lawyer of the Year and has received over 170 "not guilty" verdicts since 2007. Time and again he has received superb case results when the situation seemed hopeless for a particular client. Do not hesitate to get in touch with our office today at (888) 503-2736 or fill out our free case evaluation today!

New Texas Law Makes It Legal for Paramedics to Draw Blood at the Scene of a Suspected DWI Accident

Troy Burleson — Tue, 10 Sep 2013 17:54:00 GMT

Up until recently, police officers in Texas had certain difficulties verifying an accident had been caused by a suspected DWI driver unless the driver consented to field sobriety tests, breathalyzer tests or blood tests. Without first obtaining a warrant and/or having an officer personally escort the driver to the hospital to obtain a blood sample, officers had limited methods by which they could confirm a driver's blood alcohol concentration (BAC) level was above the legal limit at the time of an accident. Even those methods could be easily challenged and in many cases, and could be deemed to be inadmissible as evidence in court. This resulted in numerous suspected DWI charges being completely dismissed due to lack of evidence.

A new Texas state law, that went into effect on September 1st, 2013, now makes it legal for paramedics to draw blood from a driver at the scene of an accident, providing that police believe alcohol played a role in causing the accident. The new law makes it easier for the prosecutor to prove an individual's BAC level at the time of an alleged DWI accident.

If you have been arrested or charged with DWI in Collin County, I strongly advise you exercise your Fifth and Sixth Amendment rights. You do have the right to remain silent and you also have the right to have an attorney present during any and all questioning. A Collin County DWI attorney from my firm will be able to immediately help you protect your interests, advise you of your legal rights, challenge the charges against you and begin strategizing your defense case. As a three-time Collin County Trial Lawyer of the Year, I have the expertise you want advocating on your behalf. I have an extremely high record of success and I am committed to providing you with the aggressive representation you need to fight the allegations that have been levied against you. To get started, contact me at The Law Office of Troy P. Burleson today.

What Happens in a DWI Preliminary Hearing in Texas?

The Law Office of Troy P. Burleson — Fri, 09 Aug 2013 18:35:00 GMT

You are formally charged during a DWI arraignment. After this comes the preliminary hearing (or "prelim"). It is at this stage that your charges could be dismissed with a strong defense. You would not even have to go to trial. If the prosecution presents a stronger case, however, then the judge can be convinced that there is probable cause of your guilt. Your case would then go to trial. If so, you could still have your charges reduced first. In the prelim, a skilled DWI lawyer could get your charges lowered, meaning that you face lesser penalties. Perhaps even a plea bargain might be arranged. This could mean no jail time and no trial. Whatever your case, you will need an unyielding DWI attorney on your side.

Depending on the case, there may be witnesses involved. The arresting officer can give testimony and be cross-examined. You may have your own witnesses to counter the officer. They might explain the real reason why you were speeding, or why your eyes were bloodshot, etc. An interesting aspect of prelims is that hearsay evidence is admissible. In addition to eyewitness testimony, this may be the time that a DWI attorney challenges the documented evidence against you. Your DWI lawyer may be able to show a lack of probable cause for your arrest. A skilled attorney might also be able to suppress the evidence of a failed field sobriety test and incriminating chemical tests results. This could be enough to get the case dismissed altogether. In some cases though, you need go to trial. If this is true, your lawyer can use the preliminary hearing to assess the prosecution. It gives a preview of witness testimony, and you could have your charges reduced before facing a jury trial.

The DWI preliminary hearing is not something to take lightly. You want to retain outstanding representation as soon as possible. When you work with The Law Office of Troy P. Burleson, you would be working with a dedicated DWI attorney. I am able to provide tenacious defense at a preliminary hearing to get your charges reduced or dismissed. I have an outstanding track record of doing so. If necessary, I can take your case to trial. I have defended more than 200 cases in trial, and have a phenomenal success rate. I also have been recently included in the list of Texas' Super Lawyers® Rising Stars℠ for 2012 and 2013. This is something that only the top 2.5% of attorneys in the state can claim. Whether you are confronted with a felony DWI charge, or this is your first DWI, I have handled it all. When you need powerhouse defense, do not hesitate to contact my Collin County DWI firm.

When Do You Have to Install an IID in Texas?

The Law Office of Troy P. Burleson — Mon, 05 Aug 2013 18:30:00 GMT

An ignition interlock device may be required for serious or multiple DWI charges. In most cases, you will need to install an IID for repeat DWI convictions, intoxication assault (DWI with injury), or intoxication manslaughter (vehicular manslaughter). You might also be ordered to have an ignition interlock device installed on a first DWI charge under certain circumstances. This could happen if breath and blood tests gave high BAC results, or if you refused to take chemical tests. An ignition interlock device is essentially a breathalyzer that is programed into your car. You have to pass a customized breath test to even turn on your car. For many, this means that you cannot drive if you have a BAC of at least 0.02 or 0.04. Once you are on the road, it can spring random breath tests on you. This might mean that only one drink, a dose of cough medicine, or a spritz of breath spray can keep you from being able to drive when you want.

A jail sentence is not the only way your freedom can be restricted. If you are faced with a DWI charge, then you certainly need an aggressive defense to protect you from serving a jail or prison sentence. You also need a strong defense to protect your driving privileges. If you end up with an ignition interlock device, you have to pay for it yourself, on top of any fines the court imposes. You pay for the restricted interlock license, the IID installation, and the monthly rental fee. Any required maintenance also is billed to you. This includes the required calibration every 60 days. You also have to purchase high-risk, or SR22, auto insurance. If you cannot afford the device, then you may be able to arrange a payment plan.

Under limited circumstances, you may not have to install an IID if you drive a company car for work. Of course, the surest way of avoiding IID installation is to avoid conviction. You should not have to suffer for mistaken charges. Even one mistake on your part should not cost you your freedom as well as a stain on your personal record. You can find the uncompromising defense you deserve with The Law Office of Troy P. Burleson. Whatever your DWI charge in Collin County or Dallas County, I may be able to help you. Selected for inclusion in Texas Super Lawyers® Rising Stars℠ for 2012 and 2013, this is something that only the top 2.5% of lawyers in the state have the honor of receiving. I have handled numerous complex cases before, and I have even won cases that other attorneys wrote off as impossible. To learn more about what I could do for you, you can fill out a free case evaluation. Do not hesitate to contact my Collin County DWI firm today!

Alcohol Treatments and DUI School after a Conviction

The Law Office of Troy P. Burleson — Mon, 01 Jul 2013 21:40:00 GMT

If you have been arrested for driving under the influence of drugs or alcohol, it is very important to realize the gravity of the situation, and understand the fact that if you are convicted of a crime you will have to pay the consequences. Whether this means probation, a suspended license or time in prison because of a terrible accident that you caused while driving drunk. Most times, those who are convicted for a DUI will have to put forward some of their time into taking driving school classes and alcohol treatment programs in order to hopefully prevent a DUI from happening again. What then is the point of these ramifications after being convicted for drunk driving? Laws state that the judge reserves the right to require those who have been found guilty of drunk driving to participate in these programs in order to train them about the consequences of their actions and to prevent those who may be addicted from growing dependent on the consumption of alcohol.

In some situations the judge may decide that these are the consequences instead of other forms of sentencing in order to simply teach the offenders a lesson. DUI School is a way to replace the harsher sentencing which could possible include things like having your license suspended, court fines or even time behind bars. The agreement, for example, may be that as long as you complete the mandatory hours of DUI school or alcohol programs that you can have your license restored immediately upon completion.

Not only the judge has the power to order a person convicted of a DUI to take alcohol education classes, but so also does the Department of Motor Vehicles. The DMV may choose to require the convicted person to take DUI School based upon the results they have been given regarding the persons alcohol assessment test. It is up to the judge to decide whether or not you are eligible for a treatment program or for alcohol education, depending on the details of your case. They will take into consideration a number of factors including whether or not you have other DUI offenses on your record.

A judge will also look at the blood alcohol content level you were at during the time of your arrest and whether or not your actions harmed or took the life of another person. Lastly, they will consider how many times you have been through the DUI school program in the past for your offenses. There are situations in which the judge will deem that you are not eligible for education and treatment programs as a replacement punishment because they see that it was ineffective previously and they will require a harsher sentencing. However, you may still be required to complete another round of this training depending on the state in which you live if you hope to have your license reinstated.

If you are given the option of taking these forms of classes an treatment sessions, then the next question that may arise is their duration. A number of factors will be taken into account for everything involving a criminal conviction, and the same goes with these types of classes. The court again, will take into consideration how many prior offenses you have had, whether or not people were injured, if you have gone to through these programs before, etc. If you are a first time DUI offender, you may receive something as short as 12 weeks of sessions three times each week, whereas multiple offenders may receive up to a 30 month program requirement. To learn more about consequences of a DUI conviction, please contact The Law Office of Troy P. Burleson today for an experienced Collin County DWI lawyer who will fight relentlessly on your side!

Your DUI Conviction and Employment Background Checks

The Law Office of Troy P. Burleson — Fri, 28 Jun 2013 21:29:00 GMT

Having a DUI conviction on your driving record, and in some states even a simple arrest, you may have to bear the consequences of it for many years to come. It is often heard that people feel the weight more for their actions after they are done with their sentencing than they do when experiencing it. Because once your fines are paid off, and your time behind bars perhaps has been accomplished, you still have to deal with the very real truth that there is something on your criminal record indefinitely. If you hold a Commercial Driver’s License (CDL) then there is an even greater penalty that you will have to face as a result of your drunk driving conviction.

Having a DUI on your record may harm your ability to receive future employment, and in some situations it may actually hurt you current place of employment as well. It is not unheard of that current employers will conduct at random background checks on all those who are in their company in order to maintain a safe workplace environment. However, there are also some situations in which a company will conduct a background check for the wrong reasons, and it is under these circumstances when it cannot be used against you. Depending on your employer, there are likely certain restriction when it comes to the employer being able to conduct a background check, which is why you will want to make sure that you contact an attorney who can help you with our current or past DUI offense.

Due to the Fair Credit Reporting Act (FCRA) this discusses the topic of background checks for employees or prospective hires. Under this act, no criminal record for an arrest is to be published after seven years, and if there is a conviction, unless you receive an expungement, it will remain on your record for an indefinite period. Fortunately, due to the Civil Rights Act of 1964, employers cannot simply refuse to hire a person who has even a criminal conviction because they have a record. However, it is within their right to not hire a person if they feel that the conviction, or current state of the person, is a danger to their other employees as a whole.

It is important to realize that there a certain jobs with in the country that require respective employees to allow for a background check. This would include jobs such as teachers, care givers, law enforcement officials, commercial drivers, etc. In the event that you have been recently arrested for driving under the influence of alcohol, it is important to understand the reality of the situation and how much it can affect your future. Please contact the experienced Collin County DWI attorney that you deserve fighting on your side at The Law Office of Troy P. Burleson, today!

Going Boating This Summer? BWI Penalties are as Severe as DWI

Kevin Thomson — Fri, 14 Jun 2013 22:55:00 GMT

Texas has more square miles of inland water than any other state in the nation. Hundreds and thousands of people turn to water activities for summer and year-round fun in Texas. These types of activities are not always enjoyable, however, especially when people fail to adhere to basic safety measures designed to keep themselves and others out of harm's way. One of the most common crimes on Texas waterways is boating while intoxicated (BWI). According to sources, alcohol accounts for approximately 50 percent of all boating-related accidents.

Texas Penal Code clearly states that any person who operates a watercraft while intoxicated is committing the offense of BWI. All but unknown to some people, BWI is considered to be a Class B misdemeanor in the state of Texas and any person arrested for BWI could be looking at fines up to $2,000, up to 180 days in jail and the loss of his or her driver's license. In cases where an intoxicated boater causes an accident which results in serious bodily injury or death, he or she could be facing a third degree or even second degree felony charge which both carry much harsher penalties. There are also numerous situations which may allow for enhanced offenses and penalties to be added to the initial charge(s).

If you have been arrested or charged with BWI, I strongly recommend you contact The Law Office of Troy P. Burleson and speak with Attorney Burleson right away. When facing a BWI, or any alcohol-related charge, it is advised to consult with an attorney as soon as possible following your arrest. Consulting with an attorney at my firm will allow you to get your questions answered, help you protect your rights, prevent any instances of self-incrimination, and allow Attorney Burleson to immediately begin work on building a strong defense on your behalf.

As with drinking and driving, drinking and boating is a big mistake. Do not, however, allow one mistake to ruin the rest of your life. Contact my firm today to schedule an appointment to meet with a skilled Collin County DWI lawyer.

Texas Residents Urged to Obtain a Summer P.A.S.S.

Troy Burleson — Tue, 11 Jun 2013 22:25:00 GMT

According to information gathered from a National Highway Traffic Safety Administration survey, more than 40 percent of drivers surveyed were under the impression it was safe to drive after consuming in excess of three drinks within a two-hour period. Studies have shown that is clearly not true, as even one drink can potentially impair your reflexes, awareness and overall driving ability. Summer months are some of the most deadly when it comes to DWI-related accidents. Accidents caused by drunk drivers in the state of Texas commonly increase at least 10% during the summer months. Between June 1 and August 31 of 2012, Texas saw more than 6,500 alcohol-related traffic accidents which resulted in close to 2,500 serious injuries and over 300 fatalities.

In an effort to curb DWI accidents, injuries and deaths this summer the Texas Department of Transportation (TxDOT) has begun a campaign to urge residents to obtain a Summer P.A.S.S. (Person Appointed to Stay Sober). The program is geared to promote that planning for summer activities should also involve having a sober driver on hand should any alcohol and/or drinking be involved. By having a Summer P.A.S.S. numerous accidents, fatal injuries and arrests could be easily avoided.

If you or a loved one has been arrested for DWI in Collin County, I recommend you contact my firm and speak with a skilled DWI attorney as soon as possible. Due to my experience and expertise in the field of DWI law, the fact that I have received more than 170 "not guilty" verdicts for past DWI cases over the last six years, and I have been given the prestigious AV® rating from Martindale-Hubbell®, you can rest assured your case will be in good hands. I am committed to each of my clients and am dedicated to helping providing you with the aggressive representation needed to defend your rights.

Contact Collin County DWI Attorney Burleson at The Law Office of Troy P. Burleson immediately if you have been arrested or charged with DWI.

Texas Man Pleads No Contest in DWI Deaths of His Wife and 4 Sons

Troy Burleson — Thu, 06 Jun 2013 22:26:00 GMT

On May 28th, 2013, 36-year-old Larry William Demers appeared in court to enter a plea of no contest in the murder of his wife and four young sons. Demers' wife and sons were killed on Father's Day 2012 after Demers lost control of the vehicle they were traveling in and slammed into a bulldozer on the side of the road. His wife, 31-year-old Roxanna Mendoza Demers, and his four sons ages 1, 4, 8 and 9 all sustained fatal injuries in the accident. Police reported that speed, as well as the fact Demers' blood alcohol concentration (BAC) was 0.08 and he still had marijuana in system 2 1/2 hours after the accident, were the contributing factors in the tragic accident.

Demers was originally charged with four counts of intoxication manslaughter, however as he was driving while intoxicated with a minor under the age of 15 (a felony offense in the state of Texas), his charges were upgraded to felony murder. Despite this case being one of the worst the state has seen, prosecutors did not pursue additional charges nor did they opt to take the case to court, as it was extremely clear that neither family wished to pursue charges. The judge then ordered Demers to serve five concurrent 30-year sentences as per the terms of his plea agreement. He will not be eligible for parole until he has served at least 15 years.

If you have been charged with a felony DWI you could be looking at a minimum of between 2-20 years in prison, fines up to $10,000, 240-800 hours of community service, the loss of your driver's license and more. Depending on the circumstances and the number of people who sustained serious or fatal injuries in the DWI-related accident, you could also be facing life in prison. In situations such as this it is vital that you consult with a skilled felony DWI lawyer at The Law Office of Troy P. Burleson right away. As the DWI Trial Guy™, Attorney Burleson will be able to answer any questions you may have, review the charges you face, help you devise an aggressive strategy for your defense will fight for you every step of the way.

A felony DWI conviction can have a dramatic impact on your family, life and future. You need an ardent, knowledgeable and experienced attorney to protect your interests and potentially help you avoid a wrongful conviction. Contact a Collin County DWI lawyerat my firm at once.

In Texas, Licenses Can Be Revoked for up to a Decade

Troy Burleson — Fri, 24 May 2013 21:49:00 GMT

A bill passed earlier this month makes it possible for people with five DWI convictions to have their licenses suspended for up to 10 years. Representative Stefani Carter pushed for the bill, which was named in memory of two of Carter's relatives who perished in an accident caused by a drunk driver. This bill faced almost no opposition.

While improving safety on the roads is a worthy goal, many convictions are based on faulty equipment and testing. This means that if you are manipulated into self-incrimination, you refuse to take breath or blood tests, or the tests give erroneous results, then you could be faced with severe and long-lasting consequences.

Five convictions may sound like a high number, but it is estimated that 18,000 Texans were convicted of their fifth DWI last year. This heightens the penalties for multiple convictions, which already included the potential for heavy fines and lengthy prison sentences.

Retaining the right attorney can keep you from receiving your first DWI conviction, and you certainly need to avoid repeat convictions. Whether you find yourself charged as a first-time or a repeat offender, the DWI Trial Guy™ can handle the matter. No matter the difficulty of your case, Troy P. Burleson has a proven success rate; he has more than 170 "not guilty" trial verdicts to his name. You cannot afford to have second-rate representation when it comes to something so serious. Call The Law Office of Troy P. Burleson today!

Texas District Attorney Arrested for Driving Drunk

Troy Burleson — Wed, 08 May 2013 23:28:00 GMT

District Attorney Rosemary Lehmberg from Travis County was arrested on April 12^th for drunk driving after being pulled over with an open container of Vodka in the passenger seat. It was later reported that she was driving with a blood alcohol level of 3 times over the legal limit. She allegedly declined the sobriety test initially after being pulled over and stated she had only consumed two alcoholic drinks. She also claimed that her inebriated state was being caused by prescription medication.

She was sentenced to 45 days in jail and has stated that she will seek help for alcohol dependency after her release. Although she has yet to resign from her position she has stated publicly that she will not pursue another term in office. This case is a clear example of how people from all walks of life can find themselves on the wrong end of a DUI charge; elected officials, celebrities and athletes are just as susceptible, if not more due to their heightened social and personal status, to the same DWI charges a working class citizen would be held accountable for.

If you have been charged with a DWI in the Collin County area, you need to secure representation for yourself. The charge is serious as are the penalties that come along with it. You can lose your license, pay steep fines or even be incarcerated depending on the circumstances. Do not leave your future left to circumstance. Contact The Law Office of Troy P. Burleson today to speak with a Collin County DWI lawyer who can direct you through this harrowing process and ensure that you have the best defense against the charges. After litigating over 200 DWI trials, Attorney Troy P. Burleson has the experience and knowledge needed to secure the best outcome in your case. Call us today.

Texas Police Find More Drunk Drivers from 911 Calls

The Law Office of Troy P. Burleson — Mon, 11 Mar 2013 23:00:00 GMT

Passing motorists who call 911 to report drunk driving are seemingly helping the Texas police DWI units increase their arrests. When drivers see that another car is swerving, or driving recklessly, they sometimes call emergency dispatchers to report the incident. While it might seem like nothing is being done, the head of Irving's DWI unit says this is absolutely not the case. He remarked that it greatly assists the officers in locating drunk drivers, because there are too few of them to be able to monitor all the roads at once.

He notes that his team of five will even leave the city of Irving to track down a driver, looking for the matching license plate, or vehicle description. Sometimes, dispatchers will even ask cars to follow the suspected drunk driver, so they can keep police update on their whereabouts and the police can catch up with them. One dispatcher said that drunk driving is reported nightly and often leads to an arrest.

Unfortunately, public accusations can sometimes be wrong because they are being made by individuals who are not necessarily qualified to identify the characteristics of a DWI driver. When police pull the suspect over, they might already have a presupposition that the driver is drunk. As they administer field sobriety tests, they might see signs of intoxication that don't actually exist which may lead to an arrest of an innocent individual.

If you were wrongfully charged with drunk driving, then you should get in touch with the DWI Trial Guy™! As a Collin County DWI lawyer, I have successfully won over 200 cases for my clients solely with drunk driving charges. With these cases, I have experienced a wide variety of different issues, so you can rest assured that I am more than prepared to handle yours as well. Whether you took a chemical test or not, you should contact the The Law Office of Troy P. Burleson immediately.

Texas Increases Patrol for DWI During Spring Break

The Law Office of Troy P. Burleson — Tue, 05 Mar 2013 22:30:00 GMT

For spring break season, the Texas Department of Public Safety (DPS) has decided to add more patrols for detecting cases of DWI from around March 8^th-March 17^th. This time is often the most active in alcohol-related crashes since students often use this vacation as a time to relax, spend time and drink with friends. The director of the Texas Department of Public Safety commented that "too frequently people choose to drink and drive during Spring Break, which is an extremely dangerous decision". (The Vindicator) Last year, more than 1,000 arrests were made in Texas for driving while intoxicated and almost 9,400 speeding citations were issued.

The DPS has publicly urged drivers to drink responsibly during this season, to ensure the safety of everyone on the road. To make sure that people travel carefully, they have given the following tips:

Check your speed, especially during bad weather and in heavy traffic
Make sure that you and everyone in your vehicle is wearing a seatbelt
Don't drive while you're tired
Get rid of all distractions while you are driving, especially your cellular device
Examine your vehicle before your trip to make sure everything is properly working
Drive defensively to evade incidents
Avoid traveling to Mexico without first checking with the U.S. Department of State to make sure that there are no security issues in the area to which you are going

With the heightened DWI security, there can also be increased mistakes on the part of overeager officers. Those who have been wrongfully charged with DWI need to get assistance from a Collin County DWI attorney at the Law of Office of Troy P. Burleson. My firm has successfully tried over 200 cases, and we can help you get the defense you need to fight your charges. Contact me before it's too late!

DWI with Child Passenger Means Harsher Penalties

The Law Office of Troy P. Burleson — Sun, 03 Feb 2013 17:25:00 GMT

If you were arrested for DWI and a child passenger was in the car, you could end up with more serious charges and penalties than you would have received otherwise. According to the Texas law, (Texas Penal Code §49.045) it is a state jail felony to operate a vehicle while intoxicated when the vehicle is occupied by a passenger who is below the age of 15. DWIs are general charged as misdemeanors, unless the offender has a certain number of previous DWI convictions, has caused physical harm to others or has some other type of aggravating factor.

In Texas, a state jail felony is the least serious type of felony. It is punishable by confinement in state jail for a term of 180 days to two years, and by a fine of up to $10,000. In comparison, a first-time DWI offense (with no factors leading to charge enhancement) is considered a Class B misdemeanor if the offender's blood alcohol concentration (BAC) was below 0.15%, or a Class A misdemeanor if the BAC was 0.15% or higher. These individuals could be subject to possible confinement for a period ranging between 72 hours to a year and a maximum fine of either $2,000 (for Class B misdemeanor) or $4,000 (Class A misdemeanor).

According to data released in 2012 by the National Highway Traffic Safety Administration (NHTSA), 1,140 children age 14 and younger died in motor vehicle traffic accidents in 2011. Of the children who died in these accidents, 181 (or 16%) were killed in crashes that involved drunk drivers. Of the children killed in these drunk driving accidents, 91 children (of 50%) were actually in the vehicle of the drunk driver (specifically drivers who had BAC levels of 0.08% or higher). Additionally, there are many other children who are injured in drunk driving accidents each year.

Prosecutors take these statistics very seriously and are ready to come down hard on anyone who appears to put a child's life in danger. In some cases, they are so eager to bring heavy judgment, they fail to see when a defendant is being unfairly charged. Whether you were falsely accused of committing DWI with a child in the car or you just made a mistake, you will need a strong DWI defense attorney to represent you. You are not going to want to have a felony on your record, or worse, give government officials a reason to have your children taken away from you.

I am a Collin County DWI attorney who might be able to help you lower or eliminate your DWI charge, or help you get less harsh sentencing. Those who turn to my office, The Law Office of Troy P. Burleson, will receive the personalized attention and experience-based legal guidance they need for the proper handling of their cases. Contact my office to get the defense process started!

Ignition Interlock Device Requirements in Texas

The Law Office of Troy P. Burleson — Tue, 29 Jan 2013 17:20:00 GMT

Were you convicted of driving while intoxicated (DWI) in the state of Texas and ordered to use an ignition interlock device while operating a motor vehicle? If so, then you should be prepared to take a breath test any time you want to drive somewhere. In certain types of DWI cases, the judge might order that the convicted individual only be allowed to operate a motor vehicle when an ignition interlock device (also known as an IID) is installed in his or her vehicle. The restriction is set for designated time periods, during which the individual who is required to use the IID is given a restricted driver's license.

Here's how it works—whenever the convicted person wants to drive somewhere, that person will first need to blow into the ignition interlock device, which works much like a breathalyzer. (State law defines the ignition interlock device as a "deep-lung breath analysis mechanism.") If a clean sample (or a sample with a blood alcohol concentration below the preset limit) is submitted, the vehicle will start. If the breath sample does not pass the test, the vehicle will not start. Along with the initial breath test, the driver will also sometimes have to submit random tests while he or she is driving. This can be used as way to help ensure that the driver did in fact take his or her own test, and also ensure that the driver did not become intoxicated while driving. Those who are notified of IID restrictions typically have 30 days before their orders become effective.

There are many scenarios in which a judge is likely to order a driver to be under IID restriction. These scenarios are outlined in Texas Transportation Code §521.246. In the state of Texas, this order is given when someone has received two or more convictions—within 10 years—of DWI, intoxication assault (DWI causing injury) or intoxication manslaughter (DWI causing death) and has had his or her driver's license suspended. A person can also be ordered to use an IID restriction if his or her license has been suspended due to an enhanced DWI (particularly a felony DWI) conviction. The use of a state-approved ignition interlock device will be required for at least half of the convicted individual's period of supervision, according to the law.

There are some situations in which the convicted individual under the IID order will be allowed to operate a vehicle without the device installed. These situations include when the person is required to operate a vehicle as part of his or her employment, when the vehicle is owned by the employer, when the person with the restricted driving privileges does not own or control the employer, and when the employer is notified of the restrictions.

Besides being required take breath tests before operating vehicles, drivers required to use ignition interlock devices under court order are also required to pay for the costs of those devices. In cases in which an individual is unable to pay, the court might waive the individual's payment duties or set up a reasonable payment schedule.

Want to know more about Texas' ignition interlock device requirements and how they might affect you? I am a Collin County DWI lawyer who can help you answer your questions. Whether you are trying to challenge DWI charges or challenge allegations that you did not comply with your ignition interlock device requirements, I can provide you with the aggressive legal representation you need. Over the past seven years, I have handled various types of DWI cases and have brought more than 200 cases to trial. Call my office, The Law Office of Troy P. Burleson, for more information.

Consequences of DWI for Commercial Drivers in Texas

The Law Office of Troy P. Burleson — Thu, 24 Jan 2013 17:22:00 GMT

Individuals who drive as part of their occupation could have their entire livelihoods at risk if they are convicted of driving while intoxicated, or DWI. If convicted, they could end up losing their commercial driving licenses (or CDLs), which means their ability to perform the jobs they are trained for come to a standstill. For that reason, it is vital for commercial drivers to obtain the counsel of a strong DWI attorney when they are accused of driving while impaired by drugs or alcohol.

In the United States, commercial driver's licenses are required for those who operate certain types of commercial vehicles, including vehicles of a certain weight and load capacity, vehicles that carry a certain number of passengers and vehicles that transport hazardous materials. Individual licensed to drive these vehicles, or commercial drivers, are held to a higher standard than others when it comes to impaired driving. A person can be arrested and charged with DWI if he or she was found to have been under the influence of alcohol or a controlled substance while operating a commercial vehicle, or if his or her blood alcohol concentration (BAC) was 0.04% or higher at the time. (In contract, non-commercial drivers are given a higher legal threshold of 0.08%.) When a commercial driver is convicted of DWI, that individual can have his or her commercial driver's license taken away for one year, upon a first conviction, according to Texas Transportation Code §522.081.

A one-year loss of commercial driving privileges can also be given if the driver refused to submit to a blood or breath test that was requested by law enforcement after arrest. Furthermore, commercial drivers can have their commercial licenses taken away for a year even if they were convicted of driving a non-commercial vehicle while impaired (with a BAC of 0.08%).

A commercial driver's licenses can be lost for an even longer period of time when certain aggravating factors exist, such as when the vehicle that was being driven during the offense was carrying hazardous material that required placards, or special signs. A person can lose a commercial driver's license for an entire lifetime if the driver was convicted of DWI two or more times arising from two separate incidents, according to Texas law. This also applies if there is a combination of DWI-incidents arising from two different incidents (such as a combination of a DWI conviction with a refusal to submit to a chemical test).

While the loss of a commercial driver's license is not the only negative consequence that can occur from a DWI, it is definitely one that can have a major effect on an individual's life. Families can be negatively impacted when an income-provider is no longer able to work, even if it is for a limited period of time. In today's economy, finding another job can be extremely difficult, especially if the job seeker has been convicted of a crime.

If you are a commercial driver who is facing possible license suspension or revocation, don't hesitate to contact my firm, The Law Office of Troy P. Burleson. I am a Collin County DWI attorney who fully understands the state's laws regarding this offense. When working with my clients, I use defense strategies that are best suited for their case and that can lower their chances of being negatively affected by their charges. Whether you are a bus driver, trucker or some other type of commercial driver, I can provide you with the legal guidance you are looking for. Contact me today to learn about your legal options!

Country Singer Randy Travis Charged with DWI After August Arrest

Troy Burleson — Tue, 22 Jan 2013 17:16:00 GMT

When high-profile individuals are arrested for driving while intoxicated (DWI), they not only risk facing penalties from possible conviction, but they also place their image and reputations on the line. Word spreads quickly when a celebrity is arrested or charged for crime, creating a lot of negative attention that can potentially affect that person's career. One of the more recent stories of a star facing DWI charges involves country singer Randy Travis, who was finally charged with DWI in Texas five months after being arrested for the alleged offense.

An article by E! Online (Entertainment Television) provided an overview of the situation. The 53-year-old singer was just recently charged with one count of DWI following an Aug. 7 incident that occurred. According to the article, Mr. Travis had crashed his car and was found lying naked in the road, smelling like alcohol. Toxicology reports showed that the Mr. Travis had a blood alcohol concentration of 0.15% at the time of his arrest, which is nearly double the state's legal limit of 0.08%.

According to a CBS 11 News article, Grayson County District Attorney Joe Brown noted that charges came so late because of blood tests that need to be completed by both the prosecution and the defense. The singer received a Class A misdemeanor DWI charge, which can result in up to two years in jail and a fine of $4,000. The district attorney noted, however, that both sides have been negotiating a possible plea deal and plan on coming to a resolution soon, according to E! Online. In addition to his DWI charge, the singer was also under investigation for a possible felony retaliation charge for allegations that he threatened the officers who arrested him.

When a person is convicted of DWI, he or she can face very serious consequences, whether that person is a big-time celebrity or an everyday citizen. Regardless of the type of individual or the circumstances surrounding the case, it is best to work with a knowledgeable and experienced DWI attorney. The state of Texas is very tough on those accused of driving while impaired by drugs or alcohol, so it will be important to have a lawyer who can provide a strong line of defense against state prosecutors. While it can be possible to get charges dismissed or a defendant acquitted of the charges, it is sometimes in the defendant's best interests to negotiate with prosecutors for lesser charges.

By contacting my office, The Law Office of Troy P. Burleson, you can learn about which defense strategy is best suited for your case. I can help you work toward reducing or minimizing the negative consequences you are at risk of experiencing due to your DWI charges. Call today for a free case evaluation!

Getting in Touch With Your Trusted DWI Trial Attorney

The Law Offices of Troy P. Burleson — Fri, 04 Jan 2013 00:00:00 GMT

With the holiday season coming to an end, it is very possible that you and those close to you enjoyed a few drinks celebrating life, love and happiness; cheering for the year to come. While drinking is not a bad thing, many times we do not realize when we have had too much and we make poor decisions as a result. During this time of year, law enforcement officials often do whatever they can to crack down on drunk drivers, setting up checkpoints and having more people on duty in order to catch those breaking the law. Perhaps you were one of the numerous drivers arrested during the holiday season for getting behind the wheel while intoxicated? If this is the case, you are not alone and all hope is not lost! What many individuals don't realize is that when they are accused of driving while intoxicated there are many factors to take into consideration and in some cases challenging these charges may mean less severe penalties and even complete dismissal!

If you or someone you know is in a similar situation, look no further than The Law Office of Troy P. Burleson for a Plano DWI attorney who will fight on your behalf! Being arrested for driving while intoxicated may be one of the more frightening experiences an individual can go through, especially in the event that another person or vehicle was involved resulting in an injury or fatality. At our firm, we realize how difficult this situation will be for you, and for that reason we will stop at nothing to present you with the strong criminal defense that you truly deserve after a DWI charge, whatever the severity may be. In the event of a DWI arrest, it is essential to know that there's a small window of opportunity for you to take legal action, which is why contacting an attorney as soon as the arrest happens is so important. The sooner you contact us, the faster we will be able to take action and hopefully prove your innocence or at least reduce the charges placed against you.

Attorney Troy P. Burleson is known as the DWI Trial Guy™ for a reason, because he has dedicated his entire legal practice to helping clients with DWI cases, making him an attorney with a focused approach to his field. He has been practicing law now for just over 7 years and in that time he has taken more than 200 cases to trial (an estimated 50 per year, five times more than the average trial attorney). Out of these many cases, Troy has had the privilege of successfully helping at least 70% of his clients who have been accused of DWI charges, making his total come to about 170 clients hearing the words of "not guilty" from the court. Troy has been acknowledged by many people in his community for his legal skills and he was selected for inclusion in the 2011 and 2012 list of Texas Rising Stars℠ by Super Lawyers®. Attorney Burleson was awarded Criminal Court Trial Lawyer of the Year in 2009-2011 for Collin County. During his handful of years as an attorney, he has walked the grounds that many seasoned attorneys can only hope to walk in their career, and he has done so in just a few short years. Many clients have been awarded their freedom because of the tactful and dedicated approach that Troy commits to each of his clients.

Troy attended the University of Southern Texas and graduated with a B.A. in Business Administration. He then went on to pursue law by studying at the Southern Methodist University School of Law in Dallas, Texas where he received his Juris Doctorate. During his years of schooling his was very involved in extracurricular activities and he received numerous awards. After graduation he went on to serve as a Collin County prosecutor before founding his own practice, focusing completely on DWI defense. Troy is equipped to fight for his clients dealing with a variety of DWI charges including, felony DWI, multiple DWI, first time offense, vehicular manslaughter, underage DWI and many others. individuals who have been arrested for driving while intoxicated are not alone, and our firm will do whatever it takes to help you fight the charges placed against you!

Past clients have shared their appreciation for the services they received from Attorney Troy Burleson, stating that despite the amount of legal trouble they were in; he was knowledgeable in his approach and won their case. Others shared their gratefulness in how troy guided them through the DWI process, never leaving them in the dark about what was taking place in their case. Others claim that he is the best, and that they would refer him to any individual in a DWI bind with the law. To read more from the eyes of past clients, please view our client testimonials page here; you can also read an extensive list of our case results.

If you would like to learn more about The Law Office of Troy P. Burleson and our internet listings, you can find us on Insider Pages, HG, Kudzu, Lawyer Central, Merchant Circle, Justia and Yelp. If you live in Collins County or the surrounding areas, we would appreciate if you to connect with our firm on one or all of your social media networks including Twitter, Google Plus and Facebook. Here you will have the opportunity to learn updates about useful information regarding DWI news and laws as well as tips during an arrest, and more. We hope that you choose to connect with us and that you will be educated with information that will come in handy for either you or a loved in today or in the future.

Our office is located at 2591 Dallas parkway Suite 207 Frisco, TX 75034 and if you would like to make an appointment you can call us at 866-439-2182 or fill out a free online case evaluation and we will get back to you as soon as possible. The Law Office of Troy P. Burleson is committed to doing whatever it takes to help our clients stuck in a bind with the law regarding DWI charges. We understand how much is at stake and we will stop at nothing to fight on your behalf. Contact us today for an aggressive DWI attorney who cares!

Strap "em Down and Take Their Blood!

Troy Burleson — Tue, 16 Oct 2012 19:39:00 GMT

There is an undeniable and disturbing trend in Collin County, Texas. Citizens are being strapped into chairs, against their will, and having needles jabbed forcefully into their veins. The reason? There are too many DWI cases pending in Collin County courts (like in all Texas counties) and some judges believe more blood equals fewer trials.

There are some Collin County, Texas judge's who believe most people will plea "guilty" if blood is taken from them and the results are over the legal limit. While that may hold true for most attorneys' clients, it is certainly not true of our clients.

In fact, I have found that there are more defenses to a blood draw dwi than a breath test. The reason for this varies from the length of time it take to test the blood to the fact that multiple samples are tested at once (which potentially taints the results) to the simple fact that more fair-minded citizens just don't like the idea that the State can force blood out of citizens.

The basis for my opinion, that blood cases are more defensible than breath, comes from our trial numbers. Since 2011, we have had 11 clients found "NOT GUILTY" in trial in which the State had a blood test over .08. During that same time, 5 clients have been found "NOT GUILTY" in trial in which the State had a breath test over .08.

Lawyer's Note: Any grammatical or spelling errors are unintentional. I am a busy trial lawyer; there is not much time for editing. Please, forgive any mistakes!! Thank you.

Is the One Leg Stand easy? Check the grade!

Troy Burleson — Tue, 16 Oct 2012 18:28:00 GMT

In every DWI trial, I hear the same thing. An officer, and usually a prosecutor, telling the jury that Field Sobriety Tests are easy and that an average person can easily do them. In response, I usually ask the jury, "Have you ever taken a test before? Is so, what did you have to make on the test to pass?"

Usually, the answer from jurors is 70%, or a C. I then ask, "Would you be surprised to find out that you have to score a 98 to pass the one leg stand?" Without exception, they are surprised. You may be asking yourself how I arrived at a score of 98 to pass the One Leg Stand Test (OLS).

Here is how the math works.

There are 4 clues that officers look for on the OLS test. A clue basically means you do something you are not supposed to do. The 4 clues on the OLS test are:

1) Puts foot down;

2) Hops;

3) Raises Arms (more that 6 inches); and

4) Sways.

The OLS test last for 30 seconds. During that 30 second period, if you do any of the 4 clue above it is counted against you. If at the end of the 30 second person YOU DO 2 OF THE ABOVE, you FAILED the test and the officer believes you are intoxicated.

So, every second of the test you can possible do 4 things wrong. Therefore the total possible errors during the 30 second OLS test is 120 (30 x 4). Remember, if you exhibit 2 of the possible 120 errors during the test, you fail.

Here is the math: 2/120 = x/100

x= 200/120

x= 1.67

100 - 1.67= 98.33

YOU MUST SCORE "98" TO PASS THE OLS BASED ON THE MATH!!!

So, if you have to make a 98 to pass, do you think the OLS was designed to make you pass? I don't think so.

By the way, if you are not into math, just try and do the test yourself. Here is how:

1) Stand with your feet together and hands to your side; then

2) Lift one foot six inches off the ground, point your toe; then

3) Look at your pointed toe and count to 30.

If you do any of the 2 "mistakes" listed above as clues, YOU ARE INTOXICATED according to the police.

Lawyer's Note: Any grammatical or spelling errors are unintentional. I am a busy trial lawyer; there is not much time for editing. Please, forgive any mistakes!! Thank you.

"Drink, drive, go to jail." It is NOT the Law but it is REALITY!!

Troy Burleson — Tue, 16 Oct 2012 15:22:00 GMT

If you drive the roads around Dallas/Fort Worth, you have seen the sign. Big, clear and to the point:

"Drink, Drive, Go to Jail!"

Now, as most people know, "Drink, Drive, Go to jail" is not the law in Texas. It is perfectly legal to have a drink (or a few drinks) at a restaurant, bar or any other establishment that serves alcohol and then drive home. That is socially responsible drinking. The only thing that would make drinking then driving illegal would be if you drank too much and became intoxicated. Most rational thinking people understand this concept.

The problem, however, is that enforcement of laws sometimes is not rational. And, "Drink, Drive, Go to jail" (although legally incorrect) is practically the way it is!!

Think of it this way. An officer pulls over a citizen who has had a couple of drinks. If that citizen cannot PROVE to the officer he or she is not intoxicated, what do you think is going to happen? Of course, the officer is going to err on the side of caution and arrest the person. The officer is simply not going to let them go and take a chance that something bad happens.

Now, officers' are often asked by prosecutors, "Do you arrest everybody you stop and investigate for DWI?" The answer is usually, "No." However, if you ask the officer to name the last person the let go after a DWI investigation or tell you when it occurred, they have a hard time remembering. That is because "Drink, Drive, Go to jail" is the reality.

Or, to use another phrase often spoken by officers, if you decide to drink and drive "you may beat the rap, but your not beating to ride (to the police station)!"

Lawyer's Note: Any grammatical or spelling errors are unintentional. I am a busy trial lawyer; there is not much time for editing. Please, forgive any mistakes!! Thank you.

Fight Your DWI Charge!

Troy Burleson — Mon, 15 Oct 2012 14:47:00 GMT

If you have been charged with DWI or DUI in Collin County, Texas, more often than not, you should fight the DWI charge. The reason is that a large percentage of DWI cases that actually go to trial in Collin County, Texas end up in "NOT GUILTY" verdicts. In addition, even if you are found "Guilty" after trial, the chances are that the post-trial punishment is usually the same or less than the pre-trial plea bargain offer.

In short, with most DWI cases you have a better that average chance at a "not Guilty" verdict and even if found "guilty" your punishment after trial is often less than before trial. This is true even if you gave a breath or blood test over the legal limit of .08.

As an example, since the beginning of 2012, 30 of our client's have been found "Not Guilty" while only 11 have been found "Guilty." Of those trials, 9 of 16 clients' who had breath or blood tests over the legal limit of .08 were found "NOT GUILTY."

Those are pretty good stats and are indicative of the DWI landscape. Not many DWI attorneys decide to actually have trials. They instead prefer to have their clients' plead "Guilty" especially in difficult cases. However, ANY DWI case can be defended with the help of an educated and dedicated DWI lawyer.

Lawyer's Note: Any grammatical or spelling errors are unintentional. I am a busy trial lawyer; there is not much time for editing. Please, forgive any mistakes!! Thank you.

What is a DUI Surcharge?

Troy P. Burleson — Wed, 03 Oct 2012 17:45:00 GMT

Right when you thought that your DWI troubles were over, you may be hit with an irritating and expensive DWI surcharge. This is an expense that is issued by the Texas Department of Transportation to make sure that a DUI offender is held accountable for his or her mistake. According to the Texas Department of Public Safety, surcharges are a part of the state Driver Responsibility Program which is governed by the Texas Transportation Code. The surcharges are established based on certain traffic violations and is active for all offenses that occurred after September of 2003.

A surcharge is defined as an administrative fee that is charged to a driver based on the convictions that are reported to the driving record. This charge is not issued by the court, but by the Department of Public Safety when the driver goes to reinstate his license after suspension. Normally, the Texas Department of Public Safety looks at two criteria when determining whether or not to issue a surcharge. They will evaluate the Point System and the Conviction Based surcharges.

The point system is a method used to evaluate moving traffic offenses. Texas government issues two points to the offender’s driving record if he or she is convicted of an out-of-state moving traffic violation. The driver will be given three points for an out-of-state moving violation that resulted in a crash.

If a driver accumulates a total of six points over the three years that the points can remain on his or her driving record, then he or she can be held accountable to pay a surcharge. Normally, if you have six points on your driving record you will be required to pay $100. Additional points add another $25 to the bill. The department will evaluate your driving record yearly and issue these surcharges as needed. After points have been on the record for three years, they will be dropped.

As well, the Texas Department of Public Safety will use convictions to determine surcharges. Some crimes come with an automatic surcharge no matter how many points are on your driving record. For example, a first-time DWI offender will get a $1,000 surcharge every year for three years whether he or she had a Texas conviction or an out-of-state conviction. For subsequent DUIs, the government will issue a $1,500 surcharge every year for three years.

If you were convicted of a DUI and have a BAC off over twice the legal limit, then the surcharge jumps to $2,000 per year for 3 years. The charges can be added to for additional offenses. Driving without insurance adds $250, driving with an invalid license adds $250, and driving without any license at all can add another $100. If you have been charged with a crime and are now worried about paying expensive DUI surcharges, then try to nip your case in the bud before it becomes an issue. Hire Troy P. Burleson to help you with your offense and seek justice in your case!

DWI Costs: The Hidden Expenses

Troy P. Burleson — Wed, 19 Sep 2012 17:28:00 GMT

When you are charged with a DWI, you may be issued a fine. While this large payment may be irritating, it represents one of the many expenses that you will need to pay in regards to your DWI. According to the Texas Department of Transportation, DWI costs can quickly add up. First, your fine could be up to $2,000 for driving while drunk or under the influence of drugs. While this is probably the only expense that you will see listed on your sentences, it is just the tip of the iceberg. You may also need to pay for bail. In Texas, the average bail is posted at $2,075. You will probably have to pay your buddy back for the costs after you are out from behind bars.

Once you are out of jail, you will want to hire an excellent DWI lawyer to help with your case. While this is almost mandatory, lawyers can be a bit expensive. Normally lawyer fees run at an average of $4,800 for a DWI trial. Next, you will probably have to cover county fees. These are expenses that are tagged onto your bill because of your DUI and can run up to $1,000. In Texas, the average county fee runs at about $780.

Then there is a court-ordered class fee. If you are told that you need to take a drivers safety course or attend an alcoholic rehabilitation program, then you will need to pay for the enrollment. This normally costs about $300. Also, your insurance premiums are going to skyrocket after your DUI. This is because the offense will go on your record. Normally, your premiums will jump about $246 higher and remain at this higher rate for at least five years.

Then there is a license fee. This is the high price that you will need to pay to have your license reinstated after it is suspended following your DWI. This normally costs about $1,950. You may also need to pay a DWI surcharge after your conviction. This is a payment that you will need to send to the DMV for up to three years after your license is reinstated. A DWI surcharge can be up to $1,000 per year. As well, when you arrested you will need to pay for your car to get towed. This can cost well over $100.

You may also need to pay for the storage yard or lot where your car is placed while you are in jail and dealing with your conviction. With all of these expenses following a DUI, you won’t just be paying the $2,000 fine associated with your crime. Instead, you will be paying an average of $17,000 by the time your trial is finished. That’s why you want to contact The Law Office of Troy P. Burleson today to get optimum representation on your case! With a great DWI attorney, you may be able to reduce or dismiss your charges, and lessen the impact that your mistake will have on your wallet!

Can I Be Arrested for DWI for Prescription Drugs?

The Law Offices of Troy P. Burleson — Fri, 24 Aug 2012 20:10:00 GMT

Not only can you be arrested for driving while under the influence of certain prescription drugs, but you can be convicted, and have a DWI conviction placed on your permanent driving record as well. The state of Texas considers that any substance, such as alcohol or drugs, which has been shown to impair an individual's mental and/or physical abilities, can be cause for DWI. That is why most prescriptions, and medical professionals, will warn patients not to drive within a certain time period, or at all, after taking their prescription medications.

If you have been pulled over, or arrested for DWI, one of the first things the officer will do is ask to administer breath and blood tests to determine your blood alcohol concentration (BAC) or whether you are under the influence of another substance. A "positive" breath or blood test does not confirm guilt, however, so it is vital that you contact a knowledgeable DWI attorney at The Law Office of Troy P. Burleson immediately following your arrest. I will then be able to review your case, advise you on how best to proceed, and provide you with the aggressive representation you deserve.

I am The DWI Trial Guy™. I specialize in representing DWI clients in and around Collin County [TX], and I have won well over 70% of the cases I represent. In fact, many prosecutors would rather settle than face me in court. I understand how frightening and emotional it can be to be arrested for a DWI, especially if you were only taking a doctor-ordered prescription, not drinking or doing recreational drugs. I also know that your life and reputation can be dramatically impacted after a DWI arrest, which is why I urge you to contact my firm as soon as possible.

If you have been arrested for DWI for prescription drugs, contact a Collin County DWI lawyer at my firm immediately.

What Can I Do if My Driver's License Was Suspended After a DWI Conviction?

The Law Offices of Troy P. Burleson — Fri, 17 Aug 2012 20:10:00 GMT

In the state of Texas, one of the mandatory penalties handed down after a DWI conviction is the suspension of the convicted party's driver's license. Even an out-of-state conviction will appear on your Texas driving record. A first time DWI conviction carries a suspension of your license for up to one year, while additional DWI convictions carry longer suspension terms, as well as fines and possible jail time. No matter how tempting it may seem, driving with a suspended license is a misdemeanor in Texas, and never a good idea.

If you or someone you love has a suspended driver's license, you need to consult with a Collin County DWI attorney at my firm as soon as possible. If you act quickly, you may have options available to you, despite having a suspended driver's license. I have worked with hundreds of clients and handled over 230 DWI cases at trial. I understand the impact losing your license can have on your family, your job and your life. I may be able to help you obtain an occupational driver's license which would allow you to operate a non-commercial vehicle under certain conditions, such as driving to and from work or school, to pick up your children, to run household errands, and other necessary tasks.

It is extremely important in cases like these that you have a knowledgeable and experienced DWI attorney on your side who will be able to answer your questions, advise you of your legal options, and provide you with the insightful and aggressive representation you need.

Contact me at The Law Office of Troy P. Burleson to schedule your confidential consultation today.

Underage Drinking: Does One Decision Have to Ruin Their Life Forever?

Troy P. Burleson — Sat, 11 Aug 2012 00:37:00 GMT

Drinking is a privilege that people get to legally participate in when they are 21 years of age. Let’s be honest though, many kids under the age of 21 are participating in drinking more often than parents realize. In many situation teens know that getting behind the wheel is not a smart decision and will make plans with their friends to make sure that it doesn’t happen. Unfortunately mistakes do happen, and kids get behind the wheel while drunk and then are arrested by police officers, hopefully before the event of an accident occurs.

In the state of Texas there is a zero tolerance policy when it comes to drivers being arrested under the influence, if there is any level of alcohol in their system they are liable to be held responsible by the court. It is considered a crime to be caught behind the wheel with any amount of alcohol if under 21 because they should be consuming alcohol at all in the first place. This leaves many parents concerned with the question “does one mistake have to ruin their lives forever?” While the consequences to this sort of crime can lead to jail time anywhere between 3 days and half a year, heavy fines and license suspensions, with the proper legal defense these accusations can be fought.

Depending on the numbers of offense that your child has depends on the severity of the penalties for being arrested while intoxicated and behind the wheel. At the Law Office of Troy P. Burleson, we specialize in all sorts of driving under the influence cases. Whether you minor was caught under the influence of drugs or alcohol, we have years of experience in helping clients fight to prove innocence or reduce sentences. No child deserves to be punished forever for a mistake, contact our offices today for a free case evaluation today!

Can I Refuse to Take a Breathalyzer Test?

The Law Offices of Troy P. Burleson — Fri, 10 Aug 2012 20:06:00 GMT

While refusing to take a breathalyzer test after you have been pulled over for a suspected DWI may seem like a good idea, there are certain things you must consider. First of all, if you refuse to submit to a breath or blood test, which are used by law enforcement officials to help determine whether or not you are above the legal blood alcohol concentration (BAC) level or under the influence of drugs, you will be subjected to heavy penalties. In the state of Texas, there is a mandatory 180-day license suspension for anyone who refuses to submit to BAC testing. This is above and beyond any penalties if you will receive if you are arrested and subsequently convicted for DWI.

In addition, under the Texas implied consent law, any driver who signed the documents required to get a driver's license in the state of Texas has already given their implied consent to be subjected to breath or blood tests, if law enforcement has reason to suspect the driver is a danger to themselves or others. On the other hand, should you agreed to take a breathalyzer test and blow a BAC more than the legal limit, you will be facing a mandatory 90-day license suspension along with any other fines and penalties handed down if you are convicted of DWI.

If you have been pulled over, or arrested for a suspected DWI in Collin County [TX], you need to contact a knowledgeable Collin County DWI attorney at my firm immediately. According to Texas law, you only have 15 days from the time you receive your notice of suspension to ask for an administrative license revocation hearing. By contacting my firm, I will be able to thoroughly review your case, help you request your hearing in a timely fashion, and work hard in your defense. Whether you refused breath and blood tests or not, my firm and I are here to help. With an average of 45 to 50 DWI trial cases per year and a 70% success record, I have the experience you want representing you.

BAC tests can be improperly executed or show false positive readings. Refusing to submit to BAC testing does not always work in your favor. In either case, if you have been arrested for DWI you need to contact The Law Office of Troy P. Burleson and schedule a confidential consultation today.

Should you plead "Guilty" if the State forced you to give a Blood Test?

Troy Burleson — Wed, 25 Jul 2012 14:49:00 GMT

Police departments across Texas are instituting "No Refusal" policies more and more to forcefully extract blood samples from citizens accused of driving while intoxicated. As a result, many potential clients ask me, "Should I just plead guilty since the police officer took my blood?" The answer is NO!

The police and local District Attorneys began pushing for more mandatory blood draws in DWI cases because they mistakenly believed it would force more people to plead "guilty" after being arrested fro DWI. This has not been the case, especially with our law office. We have trials in "blood test" cases routinely and guess what? We win them quite often!

Each case is different, but mandatory blood draw cases typically cause more problems for prosecutors that other DWI cases. There a many reasons this is true. But, typically speaking it is harder for the prosecutors to win these blood draw cases for the following reasons:

1) Just because the officer obtained a blood sample doesn't mean that the results will ever be seen by a judge or a jury. There are many legal motions that may prevent the blood result from ever coming into evidence;

2) The prosecutors must subpoena the nurse who drew the blood and the lad technician who analyzed the blood to court, if they don't show then the results are not admissible in court;

3) In addition to showing up for court, the nurse and the lab technician must prove that the followed the proper procedure when extracting and analyzing the blood. This is not always the case and if procedures where not followed properly, the blood is not admissible;

4) The prosecutors must prove the blood result is relevant. A forced blood test usually takes hours before it can be completed. The reason is that the officer must get a warrant signed from a judge. This could take hours. A blood result taken 2 or 3 hours after a person is stopped may not have any relevancy regarding intoxication.

5) The prosecutors must prove the blood sample was not tainted in any way. Think about this, if a doctor told you that he/she tested blood from you and you needed surgery based on the results, BUT, you then learned that the blood sat around a lab (unrefrigerated) for 20 to 30 days from the time it was taken from your body until the time the doctor did testing, would you have surgery or get a second opinion? You would probably get a second opinion. This is exactly what happens to most peoples blood that are arrested fro DWI. The officer mails it to a lab, via regular mail and not refrigerated in any way. Then the blood could sit at the lab for over 20 days before being tested!

6) Lastly, citizens do not like the fact that police officers can strap a person down to a chair and stick a needle in his or her arm against the person's will. As a result, most jurors will look for any reason to legally find you not guilty.

So, ultimately the answer is "No." Don't simply plead "guilty" because an officer forcefully took your blood. Consult an experienced DWI lawyer asap!

Why are Texas Courts clogged with DWI cases?

Troy Burleson — Wed, 25 Jul 2012 14:18:00 GMT

Collin County, Texas has six county courts at law that hear DWI cases. On any given week, each court will have at least one, and often times two, DWI trials. So, in Collin County, Texas it is not uncommon to have anywhere from 6 to 12 DWI trials EACH WEEK!!! Keep in mind that the county courts also have jurisdiction over all other misdemeanor crimes. Therefore, the county courts in Collin County, Texas spend the majority of time on DWI trials.

Now, here is the rest of the story. Of the 6 to 12 DWI trials that occur each week, statistically almost half will result in NOT GUILTY VERDICTS!!!

Surprised? You shouldn't be. Many people ask me why there are so many DWI cases filed in Texas and why so many end up in "not guilty" verdicts. The answer is that DWI is the only crime in Texas that makes a legally activity illegal based (for the most part) on the subjective opinion of one person, the arresting officer.

What does that mean? Well, having a few drink at a bar, restaurant, etc. and then driving home is a LEGAL activity in Texas. It only becomes illegal if you drink to the point of intoxication. Who determines if you have reached that point? Yep, the arresting officer. It is his or her subjective opinion that determines if you will be arrested. Typically, the officer will put you through s series of sobriety tests and subjectivly determine if you passed or failed.

Sobreiety tests are subjective. There are like gymnastics at the Olympics. Three judges can watch a person perform and judge the exercise three different ways. This is unlike the 100 meter dash that is an objective test meaning the first one to cross the line wins, there is no subjective judgement to determine the winner.

It is also important to understand that officers have much lower burdens of proof when subjectively determining to arrest someone. All the officer needs is a resonable suspicion to stop you, then probably cause to arrest you.

For a DWI in Texas, courts have held that any traffic violation is reasonable suspicion. So, if you are driving 65 in a 60, the officer can stop you. Court have also held that admitting you have been drinking is enough to give the officer reasonable suspicion to arrest you for DWI.

Therefore, in Texas you can legally be stopped and arrested for DWI because you where spedding and you tell the officer you had a beer at dinner! That doesn't sound like a lot of evidence, does it? You may be thinking, "why do we allow officers to arrest a person on such a small amount of evidence?"

The answer to that question is written on the side of every police car in every town and municipality in Texas. "To Protect and Serve"!!! Are laws allow officers to arrest and charge people with very little evidence in DWI cases for public safety. Our laws, justifiably so, would rather an officer err on the side of caution and take a person off the road that has had anything to drink rather that let them go and possible hurt a citizen. Or as officers often say, "You may beat the rap, but you won't beat the ride!"

For this reason, courts are packed with DWI cases and many, many people are ultimately found not guilty. If you still don't believe me then pay attention the next time you are driving down a major road way here in North Texas. Eventually, you will see a sign that says, "Drink, Drive, Go to Jail".

Welcome to our new Collin County DWI Blog

The Law Office of Troy P. Burleson — Fri, 01 Jun 2012 17:33:00 GMT

We are pleased to announce the launch of our new Collin County DWI Blog with an RSS feed located here.