An expunction allows people to remove certain arrests, charges, and convictions from their permanent criminal records. Once those offenses are legally expunged from your record, you have the right to deny they ever happened. It is like receiving a clean slate in the eyes of the law. In many cases, this grants you the opportunity to start and receive a fresh start so that you are not judged for prior mistakes. This can help with securing employment, buying a house, renting an apartment, or applying for a car loan. There are specific legal steps that must be followed for an expunction, and it is crucial to work with a skilled criminal defense lawyer who can help ensure that your request for expunction will be approved.

Steps for Seeking an Expunction

Obtaining an expunction can be a complicated and challenging process, but with the right lawyer, it can be accomplished as quickly and efficiently as possible. Here are some basic steps to take if you are seeking an expunction:

Under Texas law, there are multiple different offenses regarding driving while intoxicated (DWI), and you could be charged with a misdemeanor or a felony, depending on the circumstances. Ultimately, which crime you are charged with depends on your history and your BAC level. Here is a closer look at each type of charge related to DWI:

Definition and Penalties for Class A DWI Charges

A Class A DWI charge is more severe than a Class B offense, because it can imply repeat offenses of a similar crime or a stronger case for the prosecution due to sobriety test results. In particular, if someone is charged with a Class A DWI offense, the following might be true:

One of the most serious offenses related to DWI is intoxication manslaughter. This is the primary reason people are pulled over for driving while intoxicated in the first place: to ensure that deaths resulting from impaired drivers do not take place. With Texas leading the nation in traffic fatalities and the country itself seeing an increase in such tragedies by nearly one-third over the last decade, you or someone you know could be faced with the consequences of intoxication manslaughter if you are involved in an accident. Therefore, it is important to know how Texas law defines this crime and its potential penalties.

Manslaughter Versus Murder

Before understanding intoxication manslaughter, it is helpful to know the difference between manslaughter and murder. While both manslaughter and murder result in someone’s death as a consequence of actions taken by the defendant, in the case of murder, the accusation implies that the defendant had malicious intent. With the crime of murder, the prosecution alleges that it was the defendant’s goal to kill the other person; however, with manslaughter, the death is considered a result of alleged recklessness on the part of the defendant. In regard to intoxication manslaughter, a death in a car accident while a person is impaired is typically not considered murder. Instead, it is usually considered manslaughter, since the majority if not all of these cases lack malicious intent.

With the start of the new year, it is worthwhile to consider the latest changes to criminal laws in the state of Texas. While the laws regarding how crimes like driving while intoxicated (DWI), drug charges, theft charges, and assault charges are prosecuted will largely remain the same, there is a definite financial impact to some of the latest legislation. Whether the changes will directly affect you depends on the types of charges you are facing and the circumstances of your case.

No More Surcharges Under Safe Driving Program

One major legislative move by the Texas legislature has to do with safe driving. Beginning in September of last year (2019), the Driver Responsibility Program (DRP) was repealed. In case you were unaware of this program meant to encourage safe driving, it imposed surcharges on people with traffic-violation-related points and/or convictions on their driving record.

If you want the legal representation you expect and deserve after being arrested on criminal charges, you should take advantage of an attorney writ bond. Consider it like having a precheck ticket at the airport or an express line at a grocery store. You will get the bond you need to leave jail within a few hours as opposed to a few days. You will be back in the comfort of your own home in no time so that you can get back to living your life. And of course, the team at the Law Offices of Biederman & Burleson P.L.L.C. will be available to help you with any follow-up after the attorney writ bond process sets you free. Before making any decisions about your legal representation, take a closer look at the benefits of an attorney writ bond.

Why Get an Attorney Writ Bond?

If you or your loved one are in jail and waiting for a bond hearing before a judge, a licensed lawyer can file an attorney writ bond. In doing so, the attorney will require the sheriff to quickly set a bond for you, which, when paid, will allow you or your loved one to leave jail without waiting for a judge or magistrate to be available to issue your bond.

There are many benefits to getting an attorney writ bond, but there are a few primary reasons to have your lawyer file one if you qualify. If you or a loved one are in jail, you most likely hope to get out as quickly as possible. Obtaining an attorney writ bond is the best way to do so because of the following:

If you were pulled over for drunk driving, a lot of questions may go through your head. What if I go to jail? What if they take away my license? How am I going to find the right lawyer? Is my life ruined and over as I know it? Although these worries may seem legitimate, the truth is that the majority of them are driven by anxiety, not truth. With the proper attorney representing you, you may walk out with a “not guilty” verdict. While there are plenty of ways to win your DWI case, including the employment of a wide variety of defense strategies, there are a few basic principles that are commonly used when developing a legal plan for DWI defense. 

Elements of a Winning DWI Defense

There are numerous ways that a lawyer can successfully defend you in a DWI case. If your lawyer makes the right argument and provides convincing evidence from the start, the case could be settled or dismissed. In fact, very few DWI cases actually go to trial. In the instance that your case does take place in the courtroom, here are a few things that your lawyer should be doing on your behalf:

1. Establishing — and Reiterating — “Innocent Until Proven Guilty”: The jury must know that this is not an open-and-shut case against you — DWI cases are rarely that simple. There are many ways that information gathered by the government in its prosecution could be disproven. Additionally, there could be new findings and discovered evidence throughout the trial that might weaken the prosecution’s argument and work in your favor.
2. Exposing the Government’s Mistakes: As previously stated, the government is not infallible in their collection of evidence, their treatment of the accused, or even their approach to the trial. There are countless ways that the seeds of doubt can be planted in the jury’s mind about the strength of the argument against you. Your attorney should take all means necessary to weaken these preconceived notions and prove any wrongdoing by the government throughout your trial.
3. Raising Concerns About the Validity of BAC and Sobriety Tests: Contrary to popular belief, these types of tests are not that accurate. There are various factors that could affect the test results, thus invalidating them. Alcohol content in food can cause inaccurate readings with a breathalyzer, and anxiety can influence one’s ability to adequately complete a “walk-and-turn” test. Your attorney should highlight these testing inconsistencies to use as a defense tactic for your case.
4. Jury Selection: Choosing the right jury can make or break a criminal case — and this is usually even more true with DWI cases. The insurmountable bias that surrounds those accused of DWI can cause the jury to make a decision before they step foot in the courtroom. People presume guilt, especially when tests have allegedly proven drunkenness or when safety issues might have revealed supposed recklessness. However, the right lawyer will be able to convince the jury that their presumptions of guilt are in opposition to their legal duties as jurors and that official alcohol and sobriety tests lack the definitive validity that they assume to be true. Finding a jury that is most devoted to the legal process itself and not their preconceived notions regarding DWI cases and those accused of DWI is critical to the success of your case.

Contact a Collin County DWI Lawyer

Being accused of a crime does not mean you are guilty. An experienced DWI defense attorney can prove your lack of guilt and reveal the impropriety within the system. At the Law Offices of Biederman & Burleson P.L.L.C., our lawyers are well-versed in DWI defense strategies, and we can provide you with the proper defense that you deserve. Contact our Plano DWI defense attorneys at 469-333-3333 for a complimentary consultation. We want to inform you of what you are up against and help you achieve the results and resolution you seek.

Driving under the influence of alcohol is extremely dangerous, and it is illegal in all 50 states. Alcohol impairs the human senses and slows reaction times, making drunk drivers deadly to themselves and others on the road. Throughout most of the country, 0.08 percent is the legal limit for blood alcohol content (BAC). In other words, motorists who are driving over this limit are breaking the law and can face harsh criminal charges in addition to making an irreversible mistake that could cost them their life. 

How Do I Know if I Have Reached My Limit?

This 0.08 number can mean nothing to the average person, making it impossible to accurately measure your legal ability to drive before getting behind the wheel. What you think might be a safe amount of alcohol can land you behind bars. While you may not be able to adequately measure your BAC, having an understanding of how many drinks can set put you over the legal limit can make you think twice before grabbing your keys.