Criminal Defense FAQ

Yes, you can refuse a breathalyzer test, but there are consequences. Under Texas's implied consent law, refusing the test results in an automatic license suspension: 180 days for first refusal, 2 years for subsequent refusals.

However, refusal may be the right choice in some situations. An experienced DWI attorney can help you understand the implications and build a defense strategy.

First Offense: Up to 180 days in jail, fine up to $2,000, license suspension 90 days to 1 year

Second Offense: 30 days to 1 year in jail, fine up to $4,000, license suspension 180 days to 2 years

Third Offense (Felony): 2-10 years in prison, fine up to $10,000, license suspension 180 days to 2 years

Additional penalties may include ignition interlock device, alcohol education programs, and community service.

Possession: Having drugs for personal use. Penalties depend on the type and amount of drug, ranging from Class B misdemeanor to felony charges.

Trafficking/Distribution: Selling, manufacturing, or delivering drugs. These are more serious charges with harsher penalties, often involving federal prosecution for large quantities.

The distinction often depends on the quantity possessed and evidence of intent to distribute (scales, packaging materials, large amounts of cash).

Police can search your car without a warrant in certain circumstances:

• You consent to the search
• They have probable cause to believe evidence of a crime is in the vehicle
• They see contraband in plain view
• During a lawful arrest (search incident to arrest)

However, many searches are conducted illegally. An experienced attorney can challenge improper searches and potentially get evidence suppressed.

Drug court is an alternative to traditional prosecution that focuses on treatment rather than punishment. Participants undergo intensive supervision, counseling, and drug testing.

Eligibility typically requires:

• Non-violent drug offense
• No history of violent crimes
• Admission of substance abuse problem
• Willingness to complete treatment program

Successful completion can result in dismissed charges or reduced sentences.

Texas has strong self-defense laws. You may use force to protect yourself if you reasonably believe it's immediately necessary to protect against another's use or attempted use of unlawful force.

Key requirements:

• Reasonable belief of imminent threat
• Force used must be proportional to threat
• You cannot be the aggressor
• No duty to retreat in most situations (Stand Your Ground law)

Texas also has Castle Doctrine protecting those who defend their homes, vehicles, or workplaces.

If falsely accused of assault:

• Contact an attorney immediately - do not speak to police without representation
• Gather evidence supporting your innocence (alibis, witnesses, surveillance footage)
• Document any injuries or lack thereof
• Avoid contact with the accuser
• Do not discuss the case on social media

False accusations are serious, but they can be defended against with proper legal representation and investigation.

No. Exercise your right to remain silent and request an attorney immediately. Anything you say can and will be used against you in court.

Police may try to convince you that talking will help your case, but this is rarely true. Your attorney can determine if and when it's appropriate to provide information to law enforcement.

Simply say: "I want to speak to my attorney" and then remain silent until your lawyer arrives.

Legal fees vary based on the complexity of your case, the charges involved, and the amount of work required. Factors include:

• Severity of charges (misdemeanor vs. felony)
• Whether the case goes to trial
• Amount of investigation required
• Number of court appearances needed

We offer free consultations to discuss your case and provide transparent fee information. Payment plans may be available.

Not necessarily. Many factors influence sentencing:

• Severity of the offense
• Your criminal history
• Mitigating circumstances
• Cooperation with authorities
• Community ties and employment

Alternatives to jail include probation, community service, fines, treatment programs, and electronic monitoring. An experienced attorney can argue for the most favorable outcome possible.