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Have you been arrested for a DWI? Contact Attorney Sean Darvishi at 832-766-4019 to set up a free consultation.
Houston DWI Defense Attorney
You have just 15 days from the day of your arrest to contest the suspension of your license and set it for an Automatic License Revocation (ALR) Hearing. In reality, you have two cases pending against you. The obvious is the criminal proceedings but you are also facing a civil case for your driver’s license. Again, YOU HAVE 15 DAYS TO SAVE YOUR DRIVER’S LICENSE! If you hire Attorney Sean Darvishi prior to those 15 days elapsing, he will request and conduct the hearing for you.
If you refused the breath test, you will be facing a 180 day suspension of your license if it is your first DWI. If you are under 21, the suspension will be for 90 days. Additionally, if you had a prior DWI within the past 10 years in which you also refused the breath test, the State will attempt to suspend your license for 2 years. If you had a prior DWI within the past 10 years but you consented to the breath test previously and refused this time, you are facing a 1-year suspension.
If you consented to the breath test and blew over a 0.08, you will be facing a 90-day suspension of your driver’s license for your first offense. If you have any prior DWI cases within the past 10 years the suspension will be for 1 year.
You are entitled to have a hearing about your license being suspended. However, you will not have to attend this hearing. In fact, it is preferred that you do not attend this hearing. Here’s why: If the officer shows up and sees you, he is likely to remember you and the intricate facts of your case. By having you not come, we don’t have to worry about that. Darvishi will have the opportunity to cross-examine the officers involved in the case and use the transcripts at this ALR hearing in your criminal case trial, if necessary. If the officer doesn’t show up after being properly issued a subpoena, then you get to keep your license. It is a win-win in that regard. Either Darvishi will have testimony on the record to use against the officer in the trial or you will keep your license.
- First offense: A fine not to exceed $2,000 and/or the possibility of serving jail time from three days to 180 days, and a driver’s license suspension of 90 to 365 days. (Class B Misdemeanor)
- Second offense: Fine increases to no more than $4,000 and/or jail from 30 days to one year, and a possible driver’s license suspension ranging from 180 days to two years. (Class A Misdemeanor)
- Third offense: A fine up to $10,000 and/or two to 10 years of imprisonment, and suspension of your driver’s license ranging from 180 days up to two years. (3rd Degree Felony)
- Intoxication Assault: If convicted you can serve a minimum of two to a maximum of 10 years in jail. You can be fined up to $10,000. (Third Degree Felony)
DWI with Child Passenger Under the Age of 15: If convicted you face confinement in a state jail for any term of not more than two years or less than 180 days and a fine not to exceed $10,000. (State Jail Felony)
Standard Field Sobriety Tests (SFSTs)
There are three tests that are commonly administered to determine whether an individual is intoxicated. These are the Horizontal Gaze Nystagmus (HGN), the One Leg Stand (OLS), and the Walk and Turn (WAT). These tests were developed by the National Highway Traffic Safety Administration (NHTSA) and in 1981, law enforcement officerrs began to administer these SFSTs on individuals who were suspected of DWI.
1. Horizontal Gaze Nystagmus (HGN) Test
“Nystagmus” is defined to mean the involuntary jerking of the eyes. A horizontal gaze nystagmus is the involuntary jerking movement of the eye that naturally occurs in as an individual’s eye gazes to the side. When an person is impaired by alcohol, the jerking movement is exaggerated and can occur at lesser angles than if sober. Also, a person who is intoxicated will have more difficulty in tracking a moving object. When the officers are performing this test they are looking for 3 clues in each eye, with a total of six possible clues. These clues are as follow:
- Lack of Smooth Pursuit: This means that the eye is not able to follow a moving object smoothly
- Distinct and Sustained at Maximum Deviation: This means that jerking is distinctly noticeable when the eye is looking as far to the side as it possibly could.
- Onset of Nystagmus Prior to 45 Degrees: This means the jerking began when the eye is within 45 degrees of center
If the officer determines that you have four or more indicators, then the officer will determine that you are intoxicated. There are many ways to attack this test. The NHTSA manual is extremely specific about what an officer must do when performing this test. There usually is never a camera that could possibly observe the nystagmus in the eye. It is a test of opinion, and the police almost always say that you have failed. Attorney Sean Darvishi is knowledgeable in the law and able to attack any mistakes in the officer’s administration of the test, and the validity of the test.
2. Walk and Turn (WAT) Test
The Walk and Turn, as well as the One Leg Stand, is a divided attention test. There are two stages with the Walk and Turn: The Instruction Stage and the Walking Stage. Essentially, in the instruction stage the individual must begin with them standing with their feet in heel-to-toe position, keep their arms at their sides, and listen to instructions given by the police officer. The individual cannot begin before the instructions are completed. Then, the individual must take 9 heel-to-toe steps, turn in the way the officer tells them to, and take 9 heel-to-toe steps back. The individual must also count out loud and watch their feet. There are 8 clues that the officer will look for when administering this test. These are:
- Can’t Balance During Instructions
- Starts Too Soon
- Stops While Walking
- Doesn’t Touch Heel to Toe
- Steps Off the Line
- Uses Arms for Balance
- Loses Balance on Turn or Turns Incorrectly; and
- Takes the Wrong Number of Steps
An individual who exhibits 2 or more clues is considered to have failed the test. The scoring done by the officer is completely subjective and within the officer’s sole discretion. There are many problems with this test that a knowledgeable attorney can attack. For instance, you don’t get to practice, you don’t get points for doing things correctly, and it is the responsibility of the individual solely to disclose any injuries. Attorney Sean Darvishi is knowledgeable in the law and able to attack any mistakes in the officer’s administration of the test, and the validity of the test.
3. One-Leg Stand (OLS) Test
The One-Leg Stand has 13 (Yes, you read that right) different instructions.
- Stand Straight
- Place Your Feet Together
- Hold Your Arms at Your Side
- Do Not Begin Until Instructed to
- Say That You Understand
- When Instructed, Raise Either Leg
- Approximately 6 Inches From the Ground
- Keeping the Raised Foot Parallel to the Ground
- Keep Both Legs Straight
- Look at the Elevated Foot
- Count Out Loud In the Following Manner:
- One Thousand One, One Thousand Two, One Thousand Three and so on
- Until Told to Stop
That is a lot of instructions. Now there are four clues the officer will look for when administering this test. Two clues will be considered failure and evidence of intoxication and impairment.
- Sways: If the Person Sways While Balancing
- Raises Arms: If the Person Raises Arms More than 6 Inches from their Body
- Hops: If the Person Hops to Maintain Balance
- Drops Foot: If the Person Puts a Foot Down
There are also many problems with this test, similar to the WAT test. Especially the clue of swaying. That is entirely subjective and many people’s interpretation of a sway varies from person to person. Attorney Sean Darvishi is knowledgeable in the law and able to attack any mistakes in the officer’s administration of the test, and the validity of the test.
If you have been arrested for DWI, contact Attorney Sean R Darvishi for a free consultation at 832-766-4019.
helping people everyday
Mr. Darvishi represented me in an assault case. I made a big mistake but luckily Sean was really aggressive in his approach! He may be young but prosecutors respect him! I was able to get a pre-trial diversion where my case would be dismissed!!! I would highly recommend. He took the time to meet with me at his office multiple times and do what needed to be done!Jane
Mr. Darvishi represented me in getting my record sealed in Houston for an event that happened a few years ago. He was really good at keeping me up to date with what was going on and he made me feel really comfortable. I saw him convince a prosecutor into agreeing to have my record sealed and I was impressed! Definitely going to recommend him to my friends!Anonymous
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