Frisco TX DUI Lawyer

At the time of your arrest, the police officer likely presented you with a Notice of Suspension/Temporary Driving Permit (DIC – 25). Hopefully you have thoroughly read this document and are aware that your driver’s license will automatically be suspended 40 days from the date of arrest (or the date you were served with the notice, whichever is later) unless you or your attorney request a hearing in the manner prescribed by law. The importance of requesting this hearing can not be overstated. If you retain me, this is the first formal step I will take to protect your legal rights and preserve your right to drive.

The Legal Limit The legal limit for intoxication in Texas is .08 blood alcohol concentration (BAC). However drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Texas also has a zero tolerance law. For anyone under 21 it is illegal to drive with any detectable amount of alcohol.

How much is too much? Impairment begins with the first drink. Gender, body weight, the number of drinks consumed and the amount of food in one's stomach affect the body's ability to handle alcohol. Women, younger people and smaller people whether male or female, often have lower tolerances. Click HERE for a BAC estimator.

What happens if you're stopped? If a law enforcement officer asks you to take a blood or breath test to measure how much alcohol is in your system, you should know that if you refuse, you are subject to a 180-day driver's license suspension and this refusal may be used against you in court. Punishment for DWI varies depending on the number of times you have been convicted.

About Hunter Biederman

Hunter Biederman has extensive knowledge in the area of criminal law. Before continuing his career as a criminal defense attorney, Mr. Biederman was a Felony Prosecutor and Chief Misdermeanor Prosecutor with the Collin County District Attorney's Office.

As a Felony Prosecutor, Mr. Biederman handled all types of criminal cases including Murder, Assault, DWI, Drugs (Posession and Delivery), White Collar Crime, and every other type of crime imagineable. One of Mr. Biederman's Murder trials was featured on the front page of the Dallas Morning News' Metro Page, and the front page of the McKinney Courier-Gazette. Mr. Biederman is considered by his peers, a top-notch trial attorney.

As a Chief Misdermeanor Prosecutor, Mr. Biederman was responsible for a caseload of over 2,600 pending cases, and the oversight and training of other newly hired attorneys. Mr. Biederman's court handeled all plea bargaining, revocations of probation, and between 1-4 trials per week.

Mr. Biederman earned his Bachelor of Arts from Univeristy of Florida in Criminology with Honors. He subsequently received his J.D. cum laude from the University of Florida School of Law, graduating in the top 25% of his class. While in law school, Mr. Biederman served as the Managing Editor of the Journal of Technology Law & Policy, as well as a member of the Criminal Law Association. Mr. Biederman is admitted to practice in all state and local courts in Texas. Mr. Biederman is also admitted to practice in Federal Court, such as the US Northern District Court of Texas, and the US Eastern District Court of Texas.

Class A Misdemeanor
Fine not to exceed $4,000 and/or 1 year or less in jail

Class B Misdemeanor
Fine not to exceed $2,000 and/or 180 days or less in jail

Class C Misdemeanor
Fine not to exceed $500

Driving While Intoxicated is a class B misdemeanor with a range of punishment of 3 to 180 days in jail and a fine not to exceed $2,000.00. However, Texas law increases punishment for persons with prior DWI convictions. An individual who pleads “guilty” or “no contest” to a DWI charge may not received deferred adjudication. In addition to criminal penalties, a person convicted of a first DWI will be required to pay a surcharge of $1,000.00 per year for three years as a condition to maintaining his license. The surcharge increases for persons with prior convictions.

Capital felony
Life or Death

First-degree felony
Life or 5-99 years in prison and optional fine not to exceed $10,000

Second-degree felony
2-20 years in prison and optional fine not to exceed $10,000

Third-degree felony
2-10 years in prison and optional fine not to exceed $10,000

State jail felony
180 days - 2 years in State jail and optional fine not to exceed $10,000

Failing to call a lawyer immediately can often increase your problems. If are arrested, witnesses should be interviewed and evidence gathered as soon as possible. Memories fade and evidence disappears as you get further from an event. You should contact a lawyer right away. Sound legal advice often will save you time, trouble and money by preventing problems before they start.

There are two separate ways a person may be legally INTOXICATED and found guilty of DWI in Texas. If a person is operating a motor vehicle on a public street while:

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 .08 or more.

The .08 alcohol concentration definition is only for cases where the person arrested has taken a breath, blood or urine test. Breath test is the most common. If the person did not take one of the tests then the prosecution must prove the person did not have the normal use of his/her mental or physical faculties from drinking alcohol or doing drugs or both a combination of alcohol and drugs.

The evidence the prosecution presents at trial is limited to the ingesting alcohol, unless there is some evidence or reason to believe the person could have lost the normal use of his/her faculties from some drug other than alcohol.

Many times a person will make a statement to the police when arrested saying that he/she took a prescription drug. Taking a prescription drug is NOT A DEFENSE to DWI. If the prescription is the type of drug that can cause a person to lose the normal use of their mental or physical faculties then they can be found guilty of DWI from the effects the prescription has on their faculties or from the combined effect of the prescription drug and the alcohol.

The prosecution will generally attempt to prove intoxication by drugs by having a chemist testify at trial about the effects the alleged drugs (or combined effect of alcohol and drugs) can have on a person. It is then the jury's job to determine if they think the person lost the normal use of his/her faculties from taking the prescription drugs.

The law is constantly changing. Mr. Biederman believes strongly in staying up to date with current laws and legal trends. Below are just some of the continuing legal education courses that Mr. Biederman has taken:

- Search Warrants and Discovery in Criminal Cases
- Beyond Eye Contact: Persuasive Presentation Skills for Lawyers
- Ethical Considerations Regarding New Referral Fee Rules
- Federal Litigation: No Need to Make It a Federal Case
- 2005 Advanced Criminal Law

- Supreme Court Update

- Texas Court of Appeals Update

- Legislative Update

- Defenses

- Pretrial Motions: State

- Insanity, Incompetency and Mental Retardation

- Opening Statements

- Ethics

- Search & Seizure

- Confessions

- Juvenile Law, Including Arrest & Confession Issues

- Voir Dire: The Law and the Limits

- Voir Dire: Technique

- Jury Charges

- Fifth Circuit Update

- Experts

- Extraneous Offenses

- Advanced Hearsay (and Crawford)

- Punishment Evidence

- State Sentencing Alternatives

- Immigration Consequences

- Practicing in a Post 9/11 World

- Preservation of Error

- Appellate Rules

- State Court Writs

- Brief Writing & Effective Appellate Advocacy

- Ineffective Assistance of Counsel

- Ethical Issues for the Prosecution: Brady & Beyond

- Capital Cases: Prosecution Perspective

- Capital Cases: Defense Perspective

- Sex Offenses

- Family Violence

- Cross Examination & Impeachment

- Final Argument

- DWI Statutes

- DWI Prosecution Perspective

- DWI Blood & Breath
- 2006 Juvenile Law Conference

- Past, Present, & Future of Juvenile Law

- Police Interactions with Juvenile Law

- Collaborative Responses in Addressing Disproportionality

- Legislative Update: Title III

- Relational Poverty in Childhood: How Maltreatment can lead to Delinquency

- Inter-County Transfer of Probation Supervision

- Special Education Overview

- Detention Hearings

- Charging Decisions

- Dispositions and Modifications

- Ethics: Ethical Pitfalls of Juvenile Practice

- Sealing of Records

- Interstate Compact

- Case Law Update

- Eithics: Ethical Perils of Representing the Juvenile Defendant Who May Be

Incompetent
- 2004 Advanced Criminal Law

- Grand Jury Investigations and Privileges

- Pretrial Motions - Federal and State

- Voir Dire

- Opening Statements

- Advanced Defenses

- Punishment Phase

- Final Arguments

- Immigration Consequences

- Sentencing Alternatives

- Ineffective Assistance

- Preservation of Error

- Experts / Daubert

- Extraneous Evidence

- Advanced Hearsay

- Special Issues in Obtaining Electronic Evidence

- Cross Examination and Impeachment

- Eyewitness ID

- DWI Statutes

- DWI Prosecution

- DWI Blood and Breath

- Guns, Drugs, and Aliens

- Computer Crimes Issues

- Sex Offenses

- Ethics
- Opening/Closing/Statements
- Dynamics of Domestic Violence
- Investigation & Prosecution of Intoxication Manslaughter
- 2004 Texas Homicide Symposium
- 2005 Texas Homicide Symposium

- Anatomy of a Child Serial Killer
- 2004 Judicial Reception
- A Guide to the Basics of Law Practice
- Child Sex Abuse
- DWI / Intoxication Manslaughter Seminar

- Kinematics and Dynamics of Crash Reconstruction

- Crash Reconstruction Methodologies

- Technical Investigation & Computer Aided Reconstruction

- The Effects of Alcohol on Driving Abilities

- Intoxication Manslaughter Case Law Update

- The Charging Decision & Causation

- Using Technology - In & Out of the Courtroom

- A View From the Defense

- SFST's: Challenges & Responses

- Forensic Toxicology - Myths of Blood & Breath Testing

- Crash Data Retrieval

- Mandatory Blood Draws

- Issues In Jury Selection

- Cross of Expert Witnesses

- Expert Witness Roundtable

- Working With Hospitals: Blood Evidence & Medical Records
- Caselaw Update (Attended numerous updates)
- 2004 Prosecutor Trial Skills Course

- What Jurors Want

- Case Preparation & Discovery

- Effective Jury Selection

- The Nuts & Bolts of DWI Jury Selection

- Jury Selection After Standifer

- Jury Selection Roundtable - Challenges For Cause

- Arrest Search & Seizure

- Motions To Suppress: Identification Hearings & Confessions

- Motions To Suppress - Case Scenarios

- Prosecuting Domestic Violence Cases

- Effective Opening Statements

- DWI Case Law Update

- The Effects of Alcohol on Driving Abilities

- Cross-Examination & Impeachment

- Cross-Examination of the Defense Expert

- Probation Revocations

- Punishment Evidence

- Final Argument
- Ethical Pitfalls in the Practice of Law

You are probably apprehensive about the fees that you will have to pay for an attorney's services. This is natural.

Your attorneys fees will be discussed with you at your free consultaion. Because every case is different, it is impossible to list fees here without fully discussing your case. There are some things you should know about your fees:

-Fees are based on the charges, the stage of the case, and the amount of work expected.

-Fees are usually quoted on a flat-fee basis. Therefore you will know up front how much you will have to pay.

-Our fees have been considered very reasonable by clients and attorneys alike. We are not the cheapest around. But you will get the most for your money. We strive to charge a reasonable fee for the work and expertise you will receive. Quite often, paying more for a better lawyer will actually SAVE you money in the long run. This happens through enhanced plea agreements, possibly getting lower fines, reduced charges, or possible dismissals or not guilty verdicts.

-Your initial fee will retain Mr. Biederman to handle all court appearances, any motion hearings (other than motions to suppress), etc. Additional costs will occur if your case is set for trial or other major contested hearings.

- If experts or investigators are hired, the client will pay for those services on top of the legal fees.

-Payment plans may be accepted.

-We accept credit cards.

Please Call: 469-252-4018

- If you have already retained Mr. Biederman and you owe a fee, you can click HERE to make a payment by credit card.

Call me Immediately for your free consultation.

(469) 252-4018
or
(214) 206-1829

Our offices are located at:
2591 Dallas Parkway, Suite 300
Frisco, TX 75034
(469) 252-4018 -- Frisco
(214) 206-1829 -- Metro
(800) 933-0891 -- Toll Free Fax
FriscoLaw@gmail.com

Traveling north on the Dallas Tollway continue until you reach the Gaylord exit in Frisco. Exit on to Gaylord and make a left at the light going over Dallas Parkway (also known as Dallas Tollway) and head south on the service road. Turn into the FIRST parking lot on your right. Sign reads...Hall Office Park. When you enter the building, take the elevator to the 3rd floor and see the receptionist.

Hunter Biederman devotes his practice to one discipline of law:

-- Criminal Law --

Below are just some of the areas that Mr. Biederman covers:
(Click on any offense to learn more)