A message from an Ellis County DWI and DUI Lawyer....
A DWI arrest can happen to anyone!
Unlike many crimes, such as theft or burglary, a DWI is the one crime most citizens are subject to being arrested for, and here's why....
Picture that you have just spent an evening with friends. You've had a nice dinner after a grueling day at work. As you have dinner, you have a drink or two. You feel fine, so there should be no problem.
Well, as you are on your way home you receive a call on your cell phone. As you reach for the cell phone, your car moves over into the next lane slightly. You answer the call, and move out of your lane a second time during the conversation.
The next thing you notice are police lights behind you. The officer walks up to your vehicle, asks for your driver's license, and tells you that he smells alcohol (perhaps it is on your breath or was the result of a slight spill during dinner). The officer ask if you have been drinking and you answer with the truth.
At this point, you have three strikes against you, and my guess is that you did not even know it. Moreover, there is a good chance you are going to jail no matter what you do from this point.
Why are you going to jail? Let's see...you had two drinks, two hours ago...YOUR NOT DRUNK!
Wait, this still doesn't add up....
Odds are you just became a victim of a political movement adopted by Texas, and best demonstrated by its slogan "Drink, Drive, Go to Jail." It matters little that it's not illegal to drink and drive (only to be intoxicated and drive, but that's not what the billboards and television commercials tell people).
As political groups, such as MADD, have gained strength, the offense of Driving While Intoxicated (DWI, and DUI as it is referenced to by many) has swung to the far right from where it was 20 or 30 years ago. What was once considered a system that was too lenient on drunk drivers has now become regarded by some as an "arrest first, ask questions later" mentality by law enforcement, especially DPS.
The reasons for this are vast, but each year it seems that Austin creates greater penalties for the offense of Drunk Driving.
As a result of the increasing tougher DWI laws, it is important that you seek an experienced and qualified DWI lawyer quickly after your arrest, especially in Ellis County where the Ellis County District Attorney's office still believes in operating a "closed file" policy, which essentially means that an attorney filing a slip and fall case is entitled to more information than a criminal defense attorney fighting for a citizen's liberty.
Since time is of the essence when it comes to fighting a DWI arrest, it is important that you consult with a DWI attorney familiar with Ellis County as soon as possible.
Can you still drive if you are arrested and/or convicted of a DWI in Texas?
The short answer is it depends, but if this is your first DWI arrest then you can normally petition, or apply, for what is known as an Occupational Driver's License.
Although most people can still drive after being arrested and convicted of Driving While Intoxicated (DWI), you may still be subject to various waiting periods if you have previous DWI convictions, and you will normally need a lawyer to request the Occupational Driver's License.
At the time of this posting, there are currently two jurisdictions, or places, you can seek an Occupational Driver's License.
The first is in the county of your DWI arrest, so if you were arrested for a DWI in Ellis County, Texas then a request for an Occupational Driver's License could be filed before an Ellis County Court requesting that you be allowed to drive.
The second place to request an Occupational License is in the county that you legally reside within. For example, if you received a DWI in Ellis County, Texas but live in Harris County, Texas then you could seek an Occupational License in either Ellis County or Harris County.
Again you are limited to filing in only one county if you were arrested for a DWI in the same county that you live in.
So, if you were arrested for a DWI in Ellis County and also live within Ellis County then your lawyer would have to request an Ellis County Court to grant you an Occupational Driver's License so you could still go to work, the grocery store, etc.
Danny Freisner,
Ellis County DWI Lawyer
Can you be arrested for a DWI in Ellis County, Texas even though you blew below the legal limit?
In a word, yes!
Most people do not realize that you can be arrested on a DWI charge for blowing below the legal limit not only in Ellis County, but anywhere in Texas.
Why? The short answer is that Texas law permits a person to be prosecuted for a DWI for one of two reasons.
First, if you blow above the legal limit (this varies depending on the type of driver's license you have, but is often .08 for most people).
Second, if you do not have the normal use of your physical or mental abilities while driving.
So, if you blow below the legal limit you can still be arrested for a DWI...surprised? Most people are after learning about this quirk in Texas DWI law.
Danny Freisner,
Ellis County DWI Lawyer
If you would like to contact Danny Freisner, an experienced DWI attorney in Ellis County, you can do so by calling (972) 923-1899 or us our Contact Form.

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Ellis County DWI Lawyer, including DUI, for Ellis County, Texas, including the following cities located in Ellis County, Texas: Alma, Texas; Avalon, Texas; Bardwell, Texas; Ennis, Texas; Ferris, Texas; Forreston, Texas; Garrett, Texas; Glenn Heights, Texas; Italy, Texas; Maypearl, Texas; Midlothian, Texas; Milford, Texas; Oak Leaf, Texas; Ovilla, Texas; Palmer, Texas; Pecan Hill, Texas; Red Oak, Texas; and Waxahachie, Texas.
* Danny Freisner limits his practice almost exclusively to criminal defense matters, such as DWI and DUI in Ellis County, Texas; however, he is not certified by the Texas Board of Legal Specialization.
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