Texas DWI and DUI Lawyers
Interview Christine and Rick for Your Case
By submitting your request, you grant permission for Cockrell & Oliver Law to contact you by phone, text messaging and/or email using the phone number or email address that you provided so we may assist you with your request for a free case evaluation and potentially an offer of representation and services. You understand that consent to being contacted is not a condition of purchase or acceptance of services of any kind.
The last offer of a plea bargain, the last chance before trial. Rick and I reviewed all the facts. We talked. He shared more findings he had just uncovered. His empathy and professionalism were outstanding. I really trusted him with my life. With a deep breath I said, let's go to trial, no deal. Back in the courtroom, he went straight to the attorney for the DA and got busy. He talked and pointed. He got animated. More attorneys. More talking. Finally to the clerk and called me back to the conference room. I was breathless. With the most beautiful smile I ever seen, he said, all charges DISMISSED.
I was sitting in county jail feeling like all hope was lost with the other attorney that was on my case. I was going to the law library trying to file motions with no experience in criminal law whatsoever, and getting nowhere really fast. So when my family Hired Ms. Cockrell I was skeptical because of all my previous run-ins with lawyers. From the not answering calls to generally thinking their client is automatically guilty until proven innocent, But once I spoke with her (which was a shock in its self) I instantly felt confident in her ability. The difference to me was she genuinely cares for the client and wanted to fight for my innocence and refused to submit like most defense lawyers. She was helpful, understanding, and strived for the best outcome in my case. I felt it was worth it. Now I'm at home with family and its all thanks to Ms. Cockrell.
An Attorney friend refereed me to Rick K. Oliver for a DWI case. I was lucky to talk to him right away as he encouraged me to go get my own toxicity scan as I had just gotten out of jail. I of course refused to let the police administer a test so this was very quick thinking to show I did not have illegal drugs in my system. He was very informative when I talked to him and he explained the law far more thoroughly when I talked to him than even the established DWI attorneys. I decided to hire Rick Oliver and it was the best decision I made recently. I was really rude to the cops that stopped me cause I was obviously pissed off. This was quite apparent on the tape and report. He still managed to get the case dismissed. After watching the tape myself I have to say he is worth 10 times what he charges.
I'm so grateful for Ms. Christine C. Cockrell. My son is home! My son spanked his son and was facing 26 to life because of enhancements. His prior C.A. attorney said get ready to go to TDC. Ms. Christine understood how important it was for my son to get home to his son. Her commitment was evident. THE BEST choice I've ever made for my family. For some reason I trusted and believed in her ability from the first time we spoke. Now I know why. She fought for my son, for my family and she won. Excellent Attorney!
DUI and DWI in Texas
Texas boasts the highest incidence of alcohol-related fatalities in the Country. No other misdemeanor offense is as publicized or politicized in terms of its danger to public safety in the state of Texas. As a result, many motorists who may not be legally intoxicated are nevertheless arrested and charged with driving while intoxicated. But, billboard signs along the highway warning motorists that if they drink and they drive they will go to jail are not in fact the law. Despite its hubris the state is actually required to prove a motorist is drinking and driving WHILE intoxicated. Because of the scientific and forensic testing often utilized in the prosecution of these offenses, DWI defense is generally considered to be the most complex of the misdemeanor offenses to defend.
DWI is not limited to those who are drinking and driving while intoxicated. In Texas, the legal definition for “Intoxicated” means “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.”
In other words, the sleepy and sleep-deprived motorists who admit to taking certain prescription drugs can also be prosecuted for DWI. Additionally, any combination of alcohol and prescription or illegal drugs that causes a person to appear to have lost the normal use of mental or physical faculties can lead to a prosecution for DWI.
There is no such thing as a “Weekend Warrior” who practices DWI defense. An attorney either commits the time and effort required to master DWI defense, or they do not. Rick Oliver has committed vast resources in the pursuit of DWI defense knowledge and training and has the professional competence necessary to successfully defend against the state’s attempt to secure a conviction.
What Are the Consequences of a DUI or DWI?
Among many other potential consequences a DWI 1st offense can result in:
- Minimum jail Sentence of 3-180 days
- Fines Up to $2000
- License Suspension of 90-365 days
- Surcharge Payments to DPS for 3 years
- Increased Insurance Premiums
You need a lawyer who knows what he is doing. You need a lawyer who has defended countless DWI cases. You need a lawyer who is Board Certified in Criminal Law. Rick Oliver covers that base, and has made a name for himself by fighting DUI and DWI cases.
A conviction for misdemeanor DWI can be a tough life-lesson. A conviction for felony DWI can be life-altering. It is impossible to be charged with a felony DWI without the existence of certain additional factors. The most common type of felony DWI occurs when a citizen is accused of his or her third (or more) offense.
The first thing to remember about a felony DWI is that the state must still prove the underlying DWI. The fact that an offense is charged as a felony does not change the character of the offense itself. Mostly, what is different about a felony DWI is the exposure to the client.
The penalties associated with a 3rd degree felony DWI could include:
- Up to a $10,000 maximum fine
- Two to Ten years in Prison
- Suspended Drivers license for up to two years
- $2000 every year for three years to keep your drivers license
Clearly, the exposure to the client in terms of the potential that you might be sent to prison is greater. However, that does not mean you should simply throw yourself upon the mercy of the court and ask for anything short of a prison sentence.
The Cockrell & Oliver Law Firm will thoroughly investigate the facts of the case to determine whether the state can prove the accusation.
2nd Offense DWI
A conviction for a DWI 1st offense is a Class B misdemeanor in the state of Texas.
The potential penalty for a second conviction is a more serious offense classified as a Class A misdemeanor. No conviction is a good conviction. However, a conviction for a DWI 2nd offense has the potential to create more problems than merely those associated with the conviction itself. All DWI convictions are available in future prosecutions for enhancement. In Texas, the first two convictions are treated as misdemeanor offenses.
However, a third arrest would subject a person to prosecution for a felony. It is the combined exposure between the offense itself and the availability of future enhancement that should impel any person accused of a second DWI to seek and retain the best legal defense available. Some of the potential consequences for a conviction of a DWI 2nd offense include:
A 2nd offense DWI carries penalties that include:
- Up to $4000 maximum fine
- Up to 1 year in jail
- Suspended Drivers license for up to 2 years
- $1500 DPS Driver Surcharge
- Class A Misdemeanor
DWI With Child Passenger
Driving while under the influence with a child passenger is considered a state jail felony.Even if you have never had a prior DWI conviction you will still face penalties associated with a state jail felony due to the fact that you were arrested under suspicion of DWI while a child under the age of 14 was in the vehicle with you.
DWI (Child Passenger) penalties could be but not limited to:
- Incarceration in State Jail Facility for no less than 180 days and up to 2 years.
- $10,000 fine
Juvenile Underage DUI
Texas has a zero tolerance law when it comes to underage DUI, if you are under the age of 21, operating a motor vehicle and caught drinking you will more than likely be convicted of a DUI. In order to be charged all a police officer has to do is notice the smell of alcohol on a minor’s breath and you they will be charged and arrested. Under the controlling Statute Texas Alcohol Beverage Code 106.04.
Juvenile /Underage DUI penalties could be:
- Up to 20-40 hours of community service and mandatory alcohol awareness courses (1st offense) and Deferred adjudication may be granted (conviction can be expunged after 21st birthday)
- Up to 40-60 hours of community service and mandatory alcohol awareness courses (2nd offense) convictions may not be expunged from criminal records
- Up to 40-60 hours of community service, mandatory alcohol awareness courses and no longer eligible for deferred adjudication
Intoxication Assault Intoxication assault occurs when a passenger is severely injured, and this can lead to charges being brought against the driver of the vehicle. Although no malicious intent to harm the passenger was involved the only evidence a prosecutor needs to provide is that the driver was intoxicated at the time of the accident.
An Intoxication Assault conviction can carry a sentence of up to 10 years in prison. Let’s not forget about the fines which could be as high as $10,000, a suspended drivers license, a tarnished criminal record that will reflect a third-degree felony and the possible loss of employment and a college education. The risks are beyond measure if you do not have an experienced attorney in your corner to assist you with the legalities of an intoxication assault.
Intoxication Manslaughter happens when an intoxicated individual accidentally kills someone while driving. It is a felony and the consequences are: Incarceration, costly fines, a criminal record and restricted driving privileges. You need an aggressive attorney well versed in DWI/DUI defense on your side to help you.
Houston is committed to assisting people facing intoxication manslaughter and other DWI related charges. People who are charged with manslaughter intoxication offenses are generally first time offenders. Once you come to us, we will take over your case and get you headed in the right direction as far as what your rights are.
Intoxication Manslaughter is a severe offense!
Police and prosecutors often seek the greatest penalties for the alleged offenses. This includes:
- Two years minimum and up to 20 years maximum sentence
- Up to a $10,000 fine
- 240 to 800 hours of community service
- A loss of driving privileges
- Permanent criminal record
Boating While Intoxicated
Boating While Intoxicated (BWI) in Texas is equivalent to Driving While Intoxicated (DWI) charges as far as punishments are concerned. Many people are unaware they are at risk for being charged with a BWI when operating their boat. It is important to know that the same definition of intoxication applies for both charges.
Penalties for BWI are subject but not limited to:
- First offense (Class B Misdemeanor): 0-180 days in jail and fine up to $2,000;
- Second offense (Class A Misdemeanor): up to 1 year in jail and fine up to $4,000;
- Third offense: (3rd degree felony): 2-10 years in prison and fine up to $10,000.
A suspension of your privilege to operate a motor vehicle may not be the end of the discussion. Potentially, you may be able to petition the court for something called a restricted or occupational drivers license. The court may impose certain limitations on your driving privilege during the period of suspension, but, generally, this type of license will give you the ability to drive to and from school or work, and also allow you to drive so that you can take care of normal household-related activities.
Call Cockrell & Oliver Law to discuss your situation so that we can determine whether you might be eligible to pursue the filing of a restricted or occupational drivers license.
1221 Studewood Street
Houston, TX 77008
4015 S. Front St.
Brookshire, TX 77423
On Call 24/7