Attorney Eric Jensen
Smith County Misdemeanor and DWI Criminal Cases
903-581-1992
(Home)

DWI, License Suspensions, Assaults, Theft
Eric D Jensen is a misdemeanor defense attorney and represents clients in municipal, justice (JP) courts, county court, district court proceedings. He regularly defend clients against charges involving:


Drunk Driving (DUI / DWI)
Drug (marijuana, illegal pills) Possession
Shoplifting
Traffic Offenses
Theft
Assaults causing injury


Misdemeanor cases must be taken seriously. Convictions can result in large fines, court costs, jail time, loss of drivers licenses, drivers license surcharge fines, and lost jobs. Whether your case can be resolved through plea negotiations or we proceed to trial, I will protect your rights and defend you every step of the way.

Arrested?

The Constitution of the United States provides rights for those who are being accused of criminal activity.  Below are some of the rights you should exercise if the Police or any other governmental official detains you and questioning goes beyond inquiries regarding your identification. (Especially if an officer reads you the Miranda warnings or otherwise informs you that you are being placed under arrest).
 

    IN GENERAL
    • Inform the officer that you invoke your right to remain silent, do not want to make any statements or answer any questions.
    • Inform the officer that you do not consent to a search of your person, home, vehicle, or any other property without written permission.
    • Inform the officer that you invoke your right to call an attorney, and do not answer any further questions until your attorney is present.
      FOR  D.U.I. ARRESTS
    • Tender your drivers license and registration.
    • Inform the officer that you do not want to take any field sobriety test (including the ABC's, touch nose, balancing tests, etc.
    • Refuse to be tested with the Alco-Sensor breath testing device or PBT device.
    • Do not take any breath tests at police stations.
    • If your license is administratively suspended at the police station, QUICKLY w/in 15 days, request a hearing on the administrative suspension and request that your request for a hearing be immediately forwarded to the court and DPS.

What a DUI Conviction can Cost You

As in most states, Texas has strict laws against Driving Under the Influence of alcohol, also known as DUI or DWI (Driving While Intoxicated) or DUID for Driving Under the Influence of Drugs. Drugs include illegal substances as well as many over-the-counter remedies, such as antihistamines, and prescription medicines, such as painkillers.

When a driver has been using alcohol or drugs and registers a blood-alcohol concentration (BAC) over amounts specified by that stateís laws, a complex set of criminal offenses comes into play. Driving Under the Influence is an expensive mistake in more ways than are readily obvious.

In 1980 a 13-year-old girl was struck and killed by a drunk driver in California. Not long after, Mothers Against Drunk Driving (MADD) was created by the girlís mother, Candy Lightner. Since that time US drunk driving laws have become increasingly strict and in most states lobby groups work hard to make those laws even more stringent. DWI is a political crime.

State governments rather than the federal judicial system enforce drunk driving laws. The federal government works around this barrier by providing some state road funds contingent upon a state upholding stricter DUI laws. As of 2001, federal highway construction funds are redirected into enforcing drunk driving laws and education programs for states that do not comply with federally suggested standards. This pressure is reflected in penalties across all states, which have very similar DUI laws.

In Texas, there are minimum penalties that apply to DUI convictions, with increasingly harsher penalties with multiple offenses. You cannot count on negotiating a plea bargain in the case of your DUI. In recent years DUI has received a great deal of media attention, and judges are unlikely to be lenient.

Heavy fines and court costs are the more obvious monetary costs of a DUI conviction, but there are also a range of penalties that impact the convenience of living your daily life as you wish, as well as negatively affecting your dignity and pride:

  • Jail time

  • Employment restrictions

  • Loss of driverís license

  • Insurance coverage complications

  • Impoundment

  • Ignition interlock device

  • Probation

  • Community service

  • Alcohol education/treatment/assessment

  • Restricted interstate or international travel.

You may think these possibilities are scare tactics, but drivers are often oblivious of the seriousness when a DUI situation has complicating factors:

  • the driver has a prior DUI

  • a minor was driving the car or there was a minor in the car

  • a commercial vehicle was being driven at the time of the arrest.

  • there was another moving violation or accident in conjunction with the DUI.

  • there were injuries to anyone in an accident involving DUI.

A driver may think that the time and cost to arrange a plea bargain is the worst that can happen. However, any of the above factors can escalate penalties for the offense quickly and a plea bargain may never be an option.

When you are faced with a DUI, before you do anything, contact an experienced DUI attorney who is available twenty-four hours a day, seven days a week Ė Eric D. Jensen, a member of the Texas Criminal Defense Lawyers Assoc., Smith County Criminal Defense Lawyers Assoc.  Donít take the chance that your life will be ruined by DUI. A knowledgeable attorney can make the difference between years of suffering the consequences of a serious mistake and potentially walking away from the problem.

Because when you need help, tomorrow is too late..