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Being arrested for DWI can be very confusing because not only do you have to worry about the criminal charge, but you must also be concerned about the license suspension from the Department of Public Safety. When arrested for DWI, the officer will request a specimen of breath or blood by reading to you the statutory warning form (DIC 24). The officer is also required to provide you a copy of the statutory warning to follow along with while the officer is reading it to you. The statutory warning advises you that you are under arrest for an offense arising out of acts alleged to have been committed while you were operating a motor vehicle in a public place and you will be asked to provide a specimen. The form then goes on to inform you of the possible consequences of providing a sample.

Providing a Sample for Suspected DWI

  1. If you refuse to provide a specimen, your refusal may be used against you and your license may be suspended for not less than 180 days. This may occur even if you are not prosecuted for DWI.
  2. If you refuse, the officer may apply for a warrant authorizing a specimen to be taken. In Tarrant County, rarely is a warrant not issued for a person who refuses to provide a sample. Every day is a no refusal day in Tarrant County.
  3. If you are under 21 and provide a sample over .08 your license may be suspended for 90 days and not less than 60 days if you had a detectable amount of alcohol in your system.
  4. You may be disqualified from driving a commercial vehicle for one year if you provide a specimen over .08 or refuse to provide a specimen. This applies even if you were not driving a commercial vehicle at the time of your arrest.
  5. The good news is that you may request a hearing to contest the suspension, but the hearing must be requested within 15 days from the date of your arrest.

Administrative License Revocation Hearing

The first step following an arrest for DWI is to hire an attorney that will request an Administrative License Revocation hearing to prevent the automatic suspension! Once the hearing is requested, the temporary license is valid until the administrative law judge rules in your case. If a hearing is not requested, then your license will be automatically suspended 40 days from the date of your arrest.

Contact Fort Worth DWI Attorney Craig Dameron

If you live in Tarrant County, you need an experienced attorney familiar with the DWI process in Tarrant County. If you have been arrested, call Craig Dameron at 817-222-0624. We need to request a hearing to contest the driver’s license suspension within 15 days from the date of your DWI arrest!

I always tell everyone to assume they are being videotaped at all times! Here is an interesting article about a Texas Alcoholic Beverage Commission (TABC) sting. In this instance, it was the TABC agent who was on the receiving end of the sting. A good criminal defense attorney was able to use video evidence to prove his client's innocence. Additionally, he was able to show that the sting was carried out in such a way that the TABC agent could be charged with giving alcohol to a minor. The bartender knew the law and did the right thing. It goes to show that you never know who is watching.

"In this undercover operation, it was the booze police who got stung" - Houston Chronicle

If you need an excellent criminal defense attorney to defend you, call attorney Craig Dameron in Fort Worth, TX at 817-222-0624.

Will Texas legalize marijuana this legislative term? Will CBD oils be legalized? What about products containing THC?

Legalization may be getting closer, but until the legislature acts, marijuana and related substances are illegal. If you would like for the Marijuana/CBD/THC laws to change, you need to contact your state representatives. Below is a link to Texas Normal, who are tracking the pending marijuana legislation.

https://www.texasnorml.org/86r-legislative-sesion/

Expunction or Non-Disclosure of DWI

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Start 2019 off with a clean record!

If you have a criminal record, call Attorney Craig Dameron to find out if you are eligible for an Expunction or Non-Disclosure! Fort Worth Attorney Craig Dameron advises not to wait to clean your record, do it immediately. Individuals with a DWI on their record now may be able to file a Petition for Non-Disclosure. The Texas Legislature changed the law and a summary is listed below.

HB 3016 – Considered a “Second Chances” Bill

The bill would allow a person convicted of driving while intoxicated (DWI) with a blood-alcohol concentration of less than 0.15 to petition for an order of nondisclosure of criminal history related to the offense.

This person could petition for the order only if the person:

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Marijuana and Texas: What You Need To Know

Marijuana, marihuana, cannabis, and Mary Jane: it’s all the same when you are caught with the green leafy stuff. Getting caught with marijuana is against both State and Federal law. What does this mean for you? In Texas, the seriousness of the charge will depend on how much marijuana that an officer finds in your possession. This is what the Texas Criminal Code says:

A person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

(1) Class C misdemeanors are reserved for Drug Paraphernalia charges. Under Texas Health and Safety Code section 481.002(17), drug paraphernalia is defined as any equipment, product, or material that is used or intended to be used for the purpose of planting, cultivating, manufacturing, producing, processing, testing, packaging, storing, or concealing a controlled substance. This is a pretty broad definition and gives officers a lot of leeway when it comes to issuing these up to $500 citations.

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