Experienced And Thorough Dallas DWI Defense Attorney

Although The Law Office of Kimberly Griffin Tucker, P.C., defends clients against a wide variety of criminal charges, it is especially known for its DWI defense work. Attorney Kimberly Griffin Tucker utilizes every available resource and legal strategy to successfully defend clients against charges related to drunk driving (DWI), drunk boating (BWI) and driving under the influence (DUI, for drivers under age 21).

She can also help defend you against other alcohol-related charges, including:

• Public intoxication
• Underage drinking
• Furnishing alcohol to a minor

The Key To Success

Why is Mrs. Tucker so successful in defending DWIs? The simple answer is preparation. It starts from the minute you hire her and continues until the trial begins.

In preparation for defending your DWI, Mrs. Tucker will obtain copies of:

• Police reports
• Inventory logs
• Driving records
• Information from the jail booking, including a copy of your DWI tape

She will request the arresting officer’s training records, personnel file and internal affairs file, and will make sure that the officer attends the administrative license revocation (ALR) hearing for a grueling cross-examination that will give you a tremendous advantage at trial.

Finally, Mrs. Tucker has access to expert witnesses that she can call on if needed for your defense, including one who is a former police officer with experience in field sobriety testing.

Kimberly Griffin Tucker‘s philosophy on DWIs:

If you plead, you lose. A plea means the state convicted you by your own admission. If this is your first DWI, you have little to lose by trying your case! Mrs. Tucker believes that many people plead guilty to their DWI because they are afraid of the unknown. She understands this, and will discuss your fears and concerns at length so that you have a comfort level with whatever decision you make. Learn more about the hidden costs of a DWI and a DWI conviction.

What To Do After Being Arrested

If you failed a field sobriety test or breathalyzer test and have been arrested for drunk driving, taking the following steps can be critical in your DWI defense:

1. Request your ALR hearing: You only have 15 days to request your invaluable administrative hearing after you were arrested.
2. Write a statement: The police wrote a report to convict you. So, you should write a report to help Mrs. Tucker defend you. Your report should be a detailed statement about what happened. Begin with the night before your arrest and detail all events leading up to your arrest. List any witnesses that could help you. Include their contact information and, if possible, have them draft a brief statement of what they would say if called to testify.
3. Hire Mrs. Tucker: If law enforcement has collected a blood sample to assess your blood alcohol content (BAC) levels, the above defense strategy may not be appropriate. Therefore, if you have failed a blood test, you should contact Mrs. Tucker to discuss your options and develop your DWI defense strategy.

DUI Fines And Fees Attorney

Every day, people in Denton and Collin counties find themselves facing DWI charges and potentially very serious DWI penalties. When the prosecution informs defendants of the possible criminal penalties, many people get scared and accept deals without consciously realizing the full effect of such impulsive decisions – a criminal conviction. That’s right. Accepting a plea bargain is accepting a conviction, and it will remain on your criminal record for a lifetime.

The team at The Law Office of Kimberly Griffin Tucker, P.C., provides clients with information about the potential DWI penalties they could face. The prosecution may use this information as a scare tactic, but attorney Kimberly Griffin Tucker makes it available so that you can get answers to your questions, enabling you to make informed decisions about your DWI defense. This information includes:

• First-offense DWI: A first DWI is a Class B misdemeanor and carries a range of punishment of up to 180 days in the county jail and/or a fine of up to $2,000.
• Second-offense DWI: A second DWI is a Class A misdemeanor and carries a range of punishment of up to 365 days in the county jail and/or a fine of up to $4,000.
• Third-offense DWI: A third DWI is a third-degree felony and carries the possibility of time in the penitentiary.

Aggravating Factors In Determining DWI Penalties

As penalties increase in severity for each repeat DWI offense, many other aggravating factors also increase the penalties under Texas DWI/DUI laws. For example, having a minor child under the age of 15 in the vehicle at the time of the DWI arrest can result in enhanced fines and jail time – raising fines up to $10,000 and jail time up to two years for first-time DWI. High BAC (.16% or above), breath test refusal, DWI with an accident and other circumstances may also increase the penalties.

In addition to DWI criminal penalties, a DWI conviction can result in various fees, court costs and other expenses.

Hire A DWI Defense Lawyer Who Will Fight For You

Mrs. Tucker has extensive experience defending clients facing drunk driving charges in Texas. She is not the kind of attorney who will sit down with the prosecution and discuss plea options. She strongly believes that a conviction should be avoided at all costs – accepting a plea is accepting a conviction, which is accepting defeat.

Mrs. Tucker’s drive to keep her clients’ records clean has kept countless clients satisfied. The firm’s results are a testament to the firm’s success and to Mrs. Tucker’s dedication to serving her clients.

DWI charges do not have to mean a permanent conviction on your record. Hire a criminal defense attorney who is not afraid to take your case to trial.

Denton County DWI Fines

Pleading guilty to drunk driving is a DWI conviction. Many people feel they are “getting off easy” if they accept a plea bargain following DWI charges. They accept the plea without recognizing the lifetime stigma that they are accepting.

If you have been arrested for drunk driving in Texas, it is important to not only understand DWI/DUI laws and criminal penalties but also recognize the full impact of a DWI conviction.

What Is The True Cost Of A Criminal Conviction?

A criminal arrest is a page of your life that you may not want to be written. However, a conviction does exactly that – a conviction is permanently ingrained into your criminal record. It is a lifetime scarlet letter. A conviction can interfere with your reputation and follow you through your life, impacting education, professional licenses, employment, residence and even relationships.

The team at The Law Office of Kimberly Griffin Tucker, P.C., in Dallas, Texas, holds steady on the principle that every client and every case deserves a fair trial. Attorney Kimberly Griffin Tucker‘s philosophy in DWI cases is as follows:

A DWI can have many hidden costs. Hiring the right DWI defense attorney only adds to those costs. However, the cost of hiring an attorney who will simply advise you to accept a plea offer – a conviction – is much greater than any dollar amount spent in the course of your DWI case and defense strategy.

What Does A Clean Criminal Record Mean To You?

Many clients who come to The Law Office of Kimberly Griffin Tucker, P.C., have questions about Texas DWI/DUI laws, what the case will cost them and what the impact will be on their futures. Mrs. Tucker works hard to limit the impact of DWI arrests on her clients’ futures. She educates them about the laws, explains the options based on the case and relentlessly fights to protect their interests and keep their criminal records clean.

Texas DWI Criminal And Civil Penalties

A conviction for drunk driving in Texas can result in criminal DWI penalties consisting of time in county jail (state penitentiary for third DWI offenses), DWI fines, license suspension and other consequences. Probation is a possible alternative to incarceration, but be warned: Probation (now called “community supervision”) can be time-consuming and expensive.

Drunk driving can also result in various civil penalties under Texas DWI/DUI laws. For example, refusal to take a breath test violates Texas’s implied consent laws and will result in an automatic suspension of your driver’s license.

In 2003, the Texas Department of Public Safety (DPS) started assessing a “surcharge” on the license of each person who, during the preceding 36-month period, had been convicted of a drunk driving offense. Civil DWI surcharges are assessed over a three-year period and include:

• $1,000 per year: Upon a first DWI conviction (total of $3,000)
• $1,500 per year: If you are convicted of DWI and have a previous DWI conviction at any prior time (total of $4,500)
• $2,000 per year: If it is shown that the breath or blood specimen showed an alcohol concentration of .16% or more (total of $6,000)

Other Costs Related To Drunk Driving

Drunk driving is not simply a traffic ticket with a fine. In addition to any fines, you may face a myriad of other expenses:

Court costs	$400 to $500
Probation	$50 in Denton and Collin counties; $60 in Dallas County
Civil surcharges	Varies; see above
Required classes: Victim Impact Panel DWI safety education program	$30 (Note: This class is no longer free.) $50 to $90
Drug and alcohol evaluation	$50 to $100
Counseling (if court-ordered)	Varies for each person
Interlock device (required for DWI second offense and high BAC DWI): Installation of the device Required monthly calibration	$75 $50 to $70

Other hidden costs that can vary for each individual include the cost of increased car insurance premiums and the expenses related to time off work to complete 40 hours of community service.

Mrs. Tucker believes in being forthright with clients. Not only is she dedicated to your fierce defense, but you can also be assured that she will be straightforward with you about every aspect of your case.

There are many expenses related to DWI charges in Texas. Mrs. Tucker works to minimize the expenses in any manner possible. However, her main focus is on avoiding the ultimate cost of a criminal conviction.

Implied Consent And Driver’s License Suspensions Lawyers

In almost every case involving a driver who was arrested for driving while intoxicated (DWI) in Texas, regardless of which state issued their driver’s license, they will have two cases to contend with:

• The DWI arrest
• The administrative license revocation (ALR) proceeding – a civil action that attempts to suspend their driving privileges

When a driver either fails or refuses to submit to a breath/blood test, the resulting suspension against their driving privileges becomes effective 40 days after the driver was asked to provide a breath or blood specimen – unless you challenge the legality of the proposed license suspension.

Texas law provides that the driver may request a hearing – in writing – within 15 days of their arrest. See the ALR hearing request form.

Failure to request a hearing within the 15-day deadline will result in an automatic suspension on the 40th day after the test request. Thus, the suspension for failing or refusing a breath or blood test is only “automatic” so long as the driver fails to properly request a hearing to challenge it within 15 days of being arrested.

The Texas Implied Consent Statute is found in Texas Transportation Code §724. In a nutshell, it says that anyone who operates a motor vehicle on Texas roadways has impliedly agreed that they will provide a breath or blood specimen upon a proper request by a police officer if the driver is ever arrested for DWI and will face legal consequences if they refuse or fail a breath or blood test. The implied consent statute also applies to operators of watercraft in Texas.

The 77th Legislature recently expanded the Texas Implied Consent Statute to include boating while intoxicated (BWI) cases. The Texas Department of Public Safety (DPS) now has the authority to suspend a driver’s license when the driver refuses – but not fails – to take a breath or blood specimen test when the person has been arrested for an offense involving the operation of a watercraft powered with an engine having a manufacturer’s rating of 50 horsepower or above.

In cases where there has been an accident with a fatality or life-threatening injuries, there is no choice, and you can be forced to provide a blood specimen to law enforcement officers.

Peace officers are now required to take possession of any Texas license issued by this state and held by the person arrested and issue the person a temporary driving permit that expires on the 41st day unless there has been a request for an ALR hearing.

A “prior alcohol-related and drug-related enforcement contact” can also be used to lengthen the period of suspension. This is defined as a “driver’s license suspension, disqualification or prohibition order under the laws of this state or any other state resulting from a conviction of driving while intoxicated or a refusal to provide a requested specimen or providing a specimen showing an alcohol concentration of a level specified in §49.01 Texas Penal Code (alcohol concentration > .08).”

Because of an agreement with the Texas Legislature and DPS, prior alcohol-related and drug-related contacts occurring before January 1, 1995, cannot be used to lengthen the period of suspension.

Be sure to go back now and read the firm overview.

Driver’s License Suspension Hearing Attorney In Denton, Collin And Dallas Counties

There are a variety of innovative strategies that attorney Kimberly Griffin Tucker employs in defending clients facing DWI penalties. The most important component of her DWI defense strategy starts at your administrative license revocation (ALR) hearing.

When you are arrested for DWI, whether you refuse to give a specimen of your breath or blood, fail the test or a warrant is secured, there will be an ALR hearing.

While these ALR hearings provide Mrs. Tucker with an opportunity to prevent the suspension of your driver’s license, the aspect she gets the most excited about is the chance to question the police officer who arrested you. That is because the ALR hearing provides her a nearly unfettered chance to try your case long before the real DWI takes place.

At The Law Office of Kimberly Griffin Tucker, P.C., Mrs. Tucker is quick to point out:

The ALR gives me an amazing chance to check out the strengths and weaknesses of my client’s DWI so I can make the best recommendation possible on whether they should plead their case or go to trial.

Quite simply, winning the DWI starts at the ALR.

In fact, it is this unique viewpoint and approach to ALR hearings that has led to her amazing string of DWI victories, whether they were acquittals, dismissals or reductions to non-DWI offenses.

Contact the The Law Office of Kimberly Griffin Tucker, P.C., at 972-833-8246 so Mrs. Tucker’s staff can immediately begin helping you with your driver’s license suspension hearing.

Before your first appointment, fill out the Client Information form and prepare a detailed written statement of all the events surrounding your arrest as soon as possible. If there are any witnesses, get their contact information and have each of them draft a brief statement. They may prove invaluable should you decide to go to trial.

Dallas, Collin And Denton Counties ALR Hearing Lawyer

An ALR hearing is a win-win situation – for you and attorney Kimberly Griffin Tucker – but it is time-sensitive, so read on.

What Is It?

An ALR hearing is a civil action separate from the criminal case where the DPS attempts to suspend your license for your refusal or failure of the offered test. The suspension time periods vary depending on several factors. Refer to your Notice of Suspension for the one that applies to you.

Were You Told About This?

When you were arrested for DWI, the officer should have asked you whether you wanted to submit to providing a specimen of your breath or blood. You should have also been advised of your right to take or refuse the offered test and the consequences of each.

Should You Request This Hearing?

Absolutely!

Why Is The ALR So Important?

It gives you and Mrs. Tucker a mini preview of how your case will play out at trial by allowing her to gain invaluable discovery (like a copy of the police report) and depose the police officer (the benefits of this alone are too great to go into here).

The results of this hearing, along with the review of your DWI videotape, will go a long way toward helping you decide whether to plead or try your case.

As an added bonus, if the attorney for DPS cannot prove their case against you, there will be no license suspension.

How Do You Request This Hearing?

If you hire The Law Office of Kimberly Griffin Tucker, P.C., immediately – that is, within the 15-day time period – Mrs. Tucker will do all the work for you.

However, if you are unable to do so, request it yourself so that you don’t waive this incredible option.

What If You Don’t Request It Or Miss The Deadline?

If you fail to request this hearing, your license will be suspended automatically upon the 40th day from the date you received the Notice of Suspension.

Texas DWI Surcharges

As of September 1, 2003, DPS will assess a “surcharge” on the license of each person who, during the preceding 36-month period, has been convicted of an offense relating to the operation of a motor vehicle while intoxicated. Please see Texas Transportation Code Section 708.102(b).

This “surcharge” applies only to persons finally convicted on or after September 1, 2003, as per Texas Transportation Code 708.101. The surcharges are as follows and are assessed over a three-year period:

$1,000.00 per year – upon a DWI 1st conviction (total $3,000.00)

$1,500.00 per year – if you are convicted of DWI and have a previous DWI conviction at any prior time (total $4500.00)

$2,000.00 per year – if it is shown that the breath or blood specimen showed an alcohol content of .16% or more (total $6,000.00)

Occupational Driver’s License Suspended In Denton, Collin Or Dallas Counties, Texas?

If your license is suspended for any reason, you may petition the court of your county of residence or the county of the offense for an occupational driver’s license (ODL). This document will allow you to drive for essential needs only, despite your license suspension.

Obtaining ODLs and the rules that surround how they “work” can get complicated. The information below will only summarize what attorney Kimberly Griffin Tucker considers to be the highlights you need to preliminarily know. At The Law Office of Kimberly Griffin Tucker, P.C., she will help you with the details of your particular situation.

For most ODLs, the law allows a minimum of four hours and up to a maximum of 12 hours in which to drive per day, depending upon the essential need shown.

The courts in Denton and Collin counties prefer to use a driving schedule. If Mrs. Tucker will be filing your ODL petition in one of these counties, she will need an idea of your daily drive schedule. Be sure to include a list of the counties in which you need to drive and a brief description of why (i.e., you live in Denton County and work in Dallas).

The court in Denton County prefers to use a logbook as opposed to a driving schedule. If this applies to you, you can discuss it with Mrs. Tucker, and she will provide the book that this particular court prefers. Also, if your petition for ODL must be heard in Denton, you will need to schedule a prove-up date.

Your ODL is only good on its own for 30 days. After that period of time, there is a brown ODL card that must accompany it. To receive this, you must mail an SR-37 form to the Texas Department of Public Safety (DPS). Mrs. Tucker will provide this information to you as well.

Last but not least: Remember, this is an essential needs license only. Driving outside of its parameters in any way could subject you to arrest for driving while your license is suspended, a Class B misdemeanor.

Mrs. Tucker and her team will be available to you at all stages of this process to ensure that all the proper steps have been taken to obtain the ODL and that you use it properly once it is received.

What Is An Order Of Nondisclosure?

An order of nondisclosure (ND) is a court order prohibiting certain public entities, such as courts and police departments, from disclosing certain criminal records. However, this is a general rule, which means that there are exceptions. Certain state agencies are still entitled to obtain information concerning an offense that is the subject of an ND. The benefit of an ND is that it legally frees a person from disclosing information about their criminal history in certain situations, like on job applications.

It is important to understand that an ND does not erase or delete records like an expunction does. Instead, the records are “sealed” by the Texas Department of Public Safety. But, despite this sealing, numerous agencies and entities will still have access to the client’s records, and in cases involving these agencies, disclosure may be required.

Nondisclosures Of DWI

On June 15, 2017, Governor Greg Abbott signed Texas House Bill 3016, thereby expanding the “Second Chance” law that – for the first time ever – would allow certain individuals convicted of a single low-level offense of driving while intoxicated (DWI) (under certain circumstances with certain waiting periods) to seek a nondisclosure of their DWI convictions.

The New Law On Sealing Certain DWI Offenses Is Found In Chapter 411, Government Code

Sec. 411.0731. Procedure for community supervision following conviction for certain driving while intoxicated convictions.

1. Provides that this section applies only to a person placed on community supervision under Chapter 42A, Code of Criminal Procedure, following a conviction of an offense under Section 49.04, Penal Code, other than an offense punishable under Subsection (d) of that section and under a provision of Chapter 42A, Code of Criminal Procedure, other than Subchapter C, including certain provisions.
2. Provides that, notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) whose community supervision is not revoked and who completes the period of community supervision, including any term of confinement imposed and payment of all fines, costs and restitution imposed, is authorized to petition the court that placed the person on community supervision for an ND of criminal history record information under this section if the person satisfies the requirements of this section and Section 411.074, and has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only.
3. Requires that a petition for an ND of criminal history record information filed under this section include evidence that the person is entitled to file the petition.
4. Requires the court, except as provided by Subsection (e), after notice to the state, an opportunity for a hearing and a determination that the person is entitled to file the petition and issuance of an ND of criminal history record information is in the best interest of justice, to issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the community supervision.
5. Prohibits a court from issuing an ND of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle accident involving another person, including a passenger in a motor vehicle operated by the person seeking the ND.
6. Authorizes a person to petition the court that placed the person on community supervision for an ND of criminal history record information under this section only on or after the second anniversary of the date of completion of the community supervision, if certain conditions are met, or the fifth anniversary of the date of completion of the community supervision, if certain conditions are met.

There is also a new law for folks who take jail instead of probation or who don’t complete their probation successfully:

Sec. 411.0736. Procedure for conviction; certain driving while intoxicated convictions.

1. Provides that this section applies only to a person who is convicted of an offense under Section 49.04, Penal Code, other than an offense punishable under Subsection (d) of that section and is not eligible for an ND of criminal history record information under Section 411.0731.
2. Authorizes a person described by Subsection (a) who completes the person’s sentence, including any term of confinement imposed and payment of all fines, costs and restitution imposed, notwithstanding any other provision of this subchapter or Subchapter F, to petition the court that imposed the sentence for an ND of criminal history record information under this section if the person satisfies the requirements of this section and Section 411.074, and has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only.
3. Requires that a petition for an ND of criminal history record information filed under this section include evidence that the person is entitled to file the petition.
4. Requires the court, except as provided by Subsection (e), after notice to the state, an opportunity for a hearing and a determination that the person is entitled to file the petition and issuance of an ND of criminal history record information is in the best interest of justice, to issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person was convicted.
5. Prohibits a court from issuing an ND of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the ND is sought resulted in a motor vehicle accident involving another person, including a passenger in a motor vehicle operated by the person seeking the ND.
6. Authorizes a person to petition the court that imposed the sentence for an ND of criminal history record information under this section on or after the third anniversary of the date of completion of the person’s sentence, if certain conditions are met, or the fifth anniversary of the date of completion of the person’s sentence, if certain conditions are met.

There Are Also Waiting Periods To Get This New ND For A DWI:

Sec. 411.074. Required conditions for receiving an order of nondisclosure.

1. Provides that a person may be granted an ND of criminal history record information and, when applicable, is entitled to petition the court to receive an ND only if, during the period after the court pronounced the sentence or placed the person on community supervision, including deferred adjudication community supervision, for the offense for which the ND is requested, and during any applicable waiting period for the person under this subchapter following completion of the person’s sentence or community supervision, including deferred adjudication community supervision, the person is not convicted of or placed on deferred adjudication community supervision, rather than community supervision, under Subchapter C, Chapter 42A, Code of Criminal Procedure, for any offense other than a traffic offense that is punishable by fine only. Makes conforming and has no substantive changes.
2. Prohibits a person from being granted an ND of criminal history record information and provides that a person is not entitled to petition the court for an ND if:
   1. The person requests the ND for, or the person has been previously convicted of or placed on deferred adjudication community supervision for certain offenses, rather than if the person was convicted or placed on deferred adjudication community supervision. Makes no substantive changes.

Here is the best part about this new ND law: Even though the law became effective 9/1/17, it is retroactive. That means anyone who has had a DWI conviction is eligible if they meet the criteria.

So, What Must Be Shown To Get An Nd For A DWI?

If you received community supervision and successfully completed it, you must be able to show all of the following:

• You were placed on, and successfully completed, all terms of community supervision.
• The conviction for the DWI was for a blood alcohol content under .15%.
• The DWI did not result in an accident involving another person, including a passenger in the petitioner’s vehicle.
• You paid all fines, costs and restitution imposed.
• You have never before been convicted of or placed on deferred adjudication community supervision for another offense other than a fine-only traffic offense.

Next, you must determine the applicable waiting period. It is two years if you successfully complied with an order requiring your vehicle to be equipped with an interlock device for at least six months as a condition of community supervision. If there was no interlock device as a condition of community supervision, the waiting period is five years and begins on the date you successfully complete your community supervision.

If you did not take probation but instead took jail time or you violated probation and jail time was imposed, the waiting period is three years if you successfully complied with an order requiring your vehicle to be equipped with an interlock device for at least six months as a condition of your sentence. There is a five-year waiting period if you were not required to have an interlock device as a condition of your sentence.

You cannot get an ND if your conviction is:

• An enhanced DWI
• A second or third DWI offense
• A boating while intoxicated (BWI), flying while intoxicated (FWI) or operating an amusement park ride while intoxicated offense
• A case where the state can present “sufficient evidence” that the DWI resulted in an accident involving another person, including a passenger in the petitioner’s vehicle; Tex. Gov’t Code §§411.0731(e), 411.0736(e)

If you are not a citizen of the United States, please be sure to let Mrs. Tucker’s office know.

Discuss Your Legal Options With An Experienced Attorney

Contact The Law Office of Kimberly Griffin Tucker, P.C., today to schedule a consultation to discuss your case. Call the firm’s Dallas office at 972-833-8246 or fill out the online contact form.