San Antonio Criminal Defense Attorney
Law Office of Robert H. Featherston, P.C.
State & Federal Criminal Defense
San Antonio, Texas
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Driving While Intoxicated, DWI
As a skilled attorney I can construct a strong defense for you!
DWI practice is the most complicated of misdemeanor law. Enhancements to Felony level offenses when children are involved or two prior DWI convections are alleged, require experienced DWI representation. My Law Firm provides It!
A DWI arrest actually involves two cases. A Criminal (DWI) and a Civil (Administrative License Revocation Hearing, ALR). Most clients do not realize the significance of the Civil case and the short filing deadlines to request a hearing on it. We insure our clients rights are fully protected by requesting the appropriate civil hearing.
If the client has taken a breath test, the science behind challenging the Intoxilyzer 5000 (breath test machine) can be formidable. We understand the science behind the machine (infrared photo-spectrometer using Henry's gas law) and are able to effectively challenge its use in court.
The science aside, DWI cases are won or lost on the opinion of the police officer. A complete understanding of the Standardized Field Sobriety Tests is critical to the cross examination of the police officer.
My firm has represented numerous clients in both breath and blood cases.
STATE DWI CRIMES, my firm handles all types of State DWI Crimes, including:
• T.P.C. §49.04 Driving While Intoxicated
• T.P.C. §49.045 Driving While Intoxicated with Child Passenger
• T.P.C. §49.05 Flying While Intoxicated
• T.P.C. §49.06 Boating While Intoxicated
• T.P.C. §49.065 Assembling or Operating an Amusement Ride While Intoxicated
• T.P.C. §49.09 Enhanced Offenses and Penalties
FEDERAL DWI CRIMES, Driving While Intoxicated, Driving Under the Influence and other Intoxicated related crimes occurring on Federal Lands, including Military Bases are prosecuted under the Assimilative Crimes Act, 18 U.S.C. §13 in a Federal Court. This means that the Federal Government uses State Law for the State where the Federal facility is located. If the allegation occurs in a National Park under the National Parks Service then the applicable statutes are contained in the Code of Federal Regulations. Our firm is well versed in these legal procedures and in conducting intoxicated related trials in Federal Court.
PILOTS - INTOXICATION & FAA, If an alcohol related event is not handled properly a pilot could lose his flying license. Under 14 CFR 61.15 all pilots must send a notification letter to the FAA’s Security and Investigations Division within 60 Calendar days of the effective date of an alcohol-related conviction or administrative action. In Texas that means at least two letters. The first for either refusing or failing an initial blood/breath or urine test. The second letter if criminally convicted of DWI. A skilled attorney may be able to avoid these requirements by successfully opposing the Administrative License Revocation action and obtaining an acquittal in the criminal proceeding. Call me for more details if your pilots license is at stake! (210) 279-3711.
COMMERCIAL DRIVING LICENSE, If an alcohol related event is not handled properly a driver holding a commercial license could lose his/her livelihood for up to one year! A skilled attorney may be able to avoid this requirements by successfully opposing the Administrative License Revocation action and obtaining an acquittal in the criminal proceeding. Call me for more details if your commercial driving license is at stake! (210) 279-3711.
TEXAS STATE ADMINISTRATIVE LICENSE REVOCATION (ALR) HEARING, This is a civil, administrative hearing, unrelated to the criminal court proceeding. If a hearing is not requested within 14 days of a DWI stop, forty days after the stop a Defendant’s driving privilege will be automatically suspended for either failing the requested test or refusing to take it. The laws governing this hearing are complex. A seasoned attorney can use this hearing to oppose the automatic license suspension, and conduct discovery on the criminal case. This hearing is a rare opportunity to cross examine the arresting officer prior to the criminal case!
Attention to detail is my watch word !
Total dedication to your case my standard !
You can find no better Law Firm to aggressively represent your interests !
Call me now to arrange an appointment to discuss your case, (210) 279-3711.