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Law Office of Joseph D. Murphy

What is Driving While Intoxicated?

A DWI occurs when a person is driving or operating a vehicle in a public place without the normal use of their mental of physical facilities by reason of the introduction of alcohol, a controlled substance or drug into the body, or if a person has a blood alcohol level of 0.08 or greater.

Myself or a Love one recently got arrested for DWI, what should we do?

From the moment you’re arrested and charged with a DWI, the clock is running. You only have 15 days to request an ALR (Administrative License Revocation) hearing. If you want to give yourself the best chance of avoiding a DWI conviction, you have to act quickly and hire a lawyer who knows what he’s doing.

When you find yourself facing significant legal consequences, you need a committed attorney on your side who knows how to protect your rights. The Law Office of Joseph D. Murphy has over 15 years of experience dealing with DWI charges. 

 A Driving While Intoxicated conviction can turn your life upside down.  You made a mistake and got arrested.  Don’t make an even bigger mistake and try to handle it on your own.  If you’ve been arrested for a first time DWI the potential punishment is:

  • up to 180 days in the county jail
  • up to a $2,000 fine
  • ignition interlock as a possible probation condition
  • driver’s license suspension for at least 180 days
  • a lifetime conviction that can never be sealed or expunge
  • a lifetime conviction that can be used against you forever
  • $1,000 to $2,000 in yearly "surcharges" for three years to keep your license.
  • hundreds of dollars in court costs
  • Sever increase in insurance premiums

It’s possible to beat a drunk driving charge!

If an officer pulls you over, and smells alcohol on your breath, you are most likely going to be arrested for drunk driving, no matter how great you feel, how few drinks you have had or how well you believe you did on the tests.

Field Sobriety Tests – The tests that place you in abnormal positions to determine if you are acting normal (remember the definition of DWI)

Did the officer ask you to perform some balancing tests to see "if you are ok to drive"? I believe these tests are not accurate. They are designed so that suspects will fail. Unfortunately, these "tests" as evidence against you. You need an attorney who knows how and when to attack these tests.  I gained firsthand knowledge of the “shortcuts” used in these investigations from my 10 years as an Assistant District Attorney.  Let me put this knowledge to work for you!  Call the Law Office of Joseph D. Murphy today at (903) 705-7588.

First, I determine if the Officer even performed the tests correctly. In Texas, any officer who sits through a few hours of field sobriety training is allowed to perform these tests on the public. Given how little training is required it shouldn't be a surprise that most officers cannot perform or grade these tests correctly.

That's right, more often than not, an officer fails his own field sobriety tests by not giving the correct instructions or using the correct grading criteria. The State will argue that any little mistake you made on these balancing tests "proves" you are drunk. In the next breath they will argue that any mistake the officer makes should be ignored. I won't let that hypocrisy go unchallenged.

The officer next will ask you to submit to a breathalyzer test or you may be asked to submit to a blood sample test.  If it reaches this point, it is too late. You are going to be arrested, taken to jail regardless of the results of the breath or blood test. A voluntarily submitting to a breath or blood test, when no warrant is present, is voluntarily agreeing to help the police build evidence against you.

You are under no legal obligation to help the police gather evidence against you. You have the right to remain silent, you have the right to refuse a breath or blood test when no warrant is present.

The Law Office of Joseph D. Murphy has helped many clients in East Texas by fighting and defeating their drunk driving charges. Call now because you only have 15 days after the date of DWI arrest to save your Texas Driver’s License – (903)705-6588.

Joe Murphy has completed the NHTSA Standardized Field Sobriety Test Training Course for taught to all local and state law enforcement agencies.

The best DWI lawyers know that the laws and regulations regarding DWI offenses are complex and can take years to master. That’s why Joe Murphy has put in the time and effort needed to gain a deep knowledge of the procedural and legal rules of DWI defense.

Joe Murphy’s experience as a prosecutor ensure that when you hire this firm to defend your DWI, you’re dealing with someone who knows exactly how the District Attorney’s office and the courts handle DWI prosecutions on their end, and knows what strategies work and don’t work in DWI defense.

Hiring an attorney is too expensive and embarrassing

Once you’ve been arrested, you are in the criminal justice system.  This won’t go away by wishing or hoping it to do so.  It will only go away with the right attorney.  Before you think it’s too expensive to even try, call the Law Office of Joseph D. Murphy at (903) 705-6588 and schedule a free consultation.  The State has experts in their corner, shouldn’t you?

Remember, the clock is running. Call the Law Office of Joseph D. Murphy today at (903)705-6588 to speak to an attorney.