Best DUI Lawyers in McAllen

FAQs

• What is the non-emergency contact number for the local police station in McAllen, Texas?

  The McAllen Police Department can be contacted for non-emergency matters at 956-682-4321.

• Where can I get a copy of police reports for incidents related to my case in McAllen, Texas?

  Applicants can get a copy of the police incident report by requesting the document:

  1. In-person visit at the McAllen Police Department's Records Division at 1601 N. Bicentennial Blvd, McAllen, Texas.
  2. By mailing a completed Public Information Request Form that can be obtained at https://mcallen.net/docs/default-source/pd/public-information-request-form.docx?sfvrsn=2, along with a self-addressed stamped envelope and payment for document-related fees addressed to: Crime Records Unit
     McAllen Police Department
     P.O. Box 220
     McAllen, Texas 78505-0220
  3. Through fax at 956-681-2081.
  4. By contacting the office at 956-681-2080 for inquiries.

• Can you get a DUI/DWI in McAllen even if you weren't driving when the alleged offense happened?

  You can be charged and convicted of DUI/DWI in McAllen even if you weren't behind the wheel because operating a vehicle includes both driving and actual physical control, according to Texas Administrative Code 159.3(14). If the authorities discover you near the steering wheel and the keys, they are more likely to suspect you have the potential ability and control of the vehicle.

• Is it mandatory for all McAllen drivers to submit to a blood draw at DUI/DWI checkpoints?

  The police cannot conduct a blood draw at a DUI/DWI checkpoint unless the suspect consents and unless the suspect is involved in a fatal accident that causes harm, injury, or death to other people. The officer can obtain a warrant from the judge ordering the defendant to submit a blood sample for intoxication testing at the hospital. Furthermore, according to the No Refusal Policy, submitting to the exam if requested is mandatory on weekends and holidays. Drivers who refuse the test face automatic license suspension.

• How do McAllen's DUI/DWI laws determine legal grounds for detaining or arresting a person?

  McAllen's DUI/DWI laws only require reasonable suspicion and probable cause for detention or arrest. An officer can detain a motorist and request that he submit to field and chemical sobriety tests if he has probable cause to suspect that the motorist has driven while intoxicated based on objective facts, such as erratic driving or behavioral signs of undue intoxication. However, for law enforcement to make an arrest, they must have probable cause, which is established by a preponderance of the evidence uncovered during the investigation.

• Under what conditions would the Department of Public Safety suspend or reinstate a driver's license in a McAllen DUI/DWI?

  The Department of Public Safety needs evidence of one or more of the following conditions to either suspend or reinstate your driver's license following a DUI/DWI arrest in McAllen:

  1. Did you register a blood alcohol level of .08 or greater?
  2. Did you decline to take a breathalyzer or blood test?
  3. Were you informed of the legal implication of refusing or failing a sobriety test?
  4. Did the police have reasonable suspicion for a DUI stop or probable cause for an arrest?
  5. Did the officer have reasonable grounds to suspect you were driving drunk?

• Will a blood alcohol content level below .08% still get you arrested for DUI/DWI in McAllen?

  Yes. A driver under the age of 21 who is caught with any amount of blood alcohol content in McAllen is automatically arrested for DUI. Those with a commercial driver's license who have a BAC of 0.4% or higher face DWI penalties. Furthermore, police have the discretionary authority to decide and conduct arrests of impaired or intoxicated drivers with BAC levels far below the legal limit of.08%.

• What does a DUI charge involve?

  DUI, or driving under the influence, is a criminal charge applied to someone who is suspected of operating their vehicle while under the influence of an intoxicant, such as drugs and/or alcohol. Every state in the U.S. has a law on the books that bans driving while intoxicated; however, the specific criteria may differ from jurisdiction to jurisdiction. In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication. In some cases, DUI is determined not via testing but by behavior; drivers who are intoxicated to the point of impairment and who cannot safely operate their vehicle may be arrested on suspicion of DUI.

• What's the difference between DUI, DWI, and OVI?

  The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both. These terms are largely interchangeable though some states use only one acronym in their statutes for the sake of clarity. There are also other acronyms occasionally substituted for DUI, such as DWAI (driving while ability impaired), OWI (operating while intoxicated), OUI (operating under the influence), and DUII-CS (driving under the influence of intoxicants: controlled substances).

• How long does a DUI stay on your record?

  In addition to the more immediate penalties that come with a DUI conviction, this costly mistake can have other consequences. DUIs stay on your driving record for years with the exact length of time differing from state to state — the California Department of Motor Vehicles, for instance, tracks DUIs for 10 years and may use that information to determine things like license eligibility. In Alabama, DUIs stay on the record for five years while in Alaska they're permanent. In states that use point systems to track driving infractions, DUI points may stay on the record far longer than the DUI itself.

• How much does a DUI lawyer cost?

  The cost of a DUI lawyer depends largely on three things: geographic area, the lawyer's experience, and whether the case is settled quickly with a plea or ends up going to trial. Attorneys may charge a flat rate, more commonly used for simple cases that are likely to wrap up quickly, or they may charge by the hour, which can add up quickly if the case requires a lot of pretrial preparations and court time. Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

• How do I choose a DUI attorney?

  Finding the right DUI lawyer is crucial, especially when it comes to preventing a suspended license and minimizing fees and other penalties. To choose the right one:

  • Look for attorneys experienced in DUI case law
  • Ask for referrals from family and friends
  • Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike
  • Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit
  • Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time
  • Discuss billing options — the difference between an hourly rate and flat fee can be considerable

• What happens when you get a DUI?

  Individuals detained on suspicion of a DUI are typically taken to jail, their vehicles impounded, and either held on bail or processed and released pending a court date. That initial court appearance is a chance to enter a plea; it's a good idea to retain legal representation prior to this hearing so they have an opportunity to argue for reduced charges or even dismissal.

  Drunk driving charges are often enough to warrant a suspended license pending the outcome of the case. A DUI conviction could mean losing that license entirely as well as paying fines, court costs, and DMV fees and paying for treatment or other intervention programs as instructed by the court — perhaps even completing jail time. These penalties tend to be less severe for first-time offenders and increase significantly thereafter.

• Can I contest a DUI without a lawyer?

  While it's possible to contest a DUI without a lawyer present, case law is complex, and navigating those laws can be tricky. A DUI lawyer can't guarantee a positive outcome, but they are in a far better position to make crucial moves, such as challenging the legality of the original traffic stop, questioning the officer-led sobriety tests, and introducing evidence that could lead to an exoneration. In short, it's tempting to save money by going it alone, but the consequences could be costly. Before deciding against a lawyer, take advantage of a free consultation and weigh their recommendations. If budget is a factor, there are court-appointed public defenders who may take on the case.

• How much does a DUI cost?

  DUIs are expensive. In addition to attorney fees that often run the gamut from $700 to over $4,000, there may also be bail costs, court-ordered fines, alcohol education courses, traffic school, DMV fees, the cost of increased insurance rate, fees associated with recovering an impounded car, and the possibility of paying for a court-ordered ignition interlock device. All together, the average cost of a DUI sits at around $6,500 not counting peripheral expenses, such as alternate transportation while unable to drive and lost income due to court dates and incarceration.

• When does a DUI become a felony?

  Driving under the influence is classified as a misdemeanor unless the DUI meets certain state-specific criteria such as:

  • It's not the first offense. Anyone arrested for DUI who has been convicted of driving under the influence previously may be charged with a felony, depending on the length of time since the last conviction.
  • The offender was driving without a license. Getting a DUI with a license that has been suspended, revoked, or restricted is a felony in many states.
  • The DUI resulted in someone else's injury or death. Some states cite bodily harm as one of the reasons to change a DUI from a misdemeanor to a felony.

• How much does car insurance go up after a DUI?

  Since car insurance rates are based on driving history and projected risk, it stands to reason that a DUI conviction will result in higher insurance rates. How much those rates go up depends on the state. In Colorado, insurance rates jump around 18% following a DUI conviction while North Carolina sees a median rate increase of more than 300%. To put that in further perspective, consider New Jersey; the state's average insurance rate is $1,419, but the average rate with DUI increases 132% to $3,292.