Attorney Amber Spurlock

About Attorney Amber Spurlock

Posts by Attorney Amber Spurlock:

DWI Arrest

What Happens After a DWI or DUI Arrest?

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Attorney Amber Spurlock practices criminal defense & DWI defense law in Galveston County, TX. Our mission here is not just to offer legal representation but to help our clients understand the numerous laws that could very well impact their lives. Let’s dive into the crux of some of the details of these laws and how they might affect you should you or a loved one be arrested for DUI or DWI.

If you’re seeking legal representation in Galveston for a DWI or drug offenses, contact my office for help. I can be reached at 409-904-0407.

The Basics of Texas Law & DWI Cases

First off, let’s go over what exactly constitutes a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) in Texas.

DWI is defined in Texas law as operating a motor vehicle in a public place while “intoxicated.” Legally, “intoxicated” means having a blood alcohol concentration (BAC) of 0.08% or higher.

For individuals under the age of 21, any detectable amount of alcohol constitutes a DUI as opposed to a DWI charge. This policy aligns with Texas’s zero-tolerance policy for underage drinking and driving.

The distinction outlined in Texas Penal Code (Title 10, Chapter 49), which you can explore here. The law doesn’t just stop at alcohol; it extends to any substance that impairs your ability to drive.

What Happens After a DWI or DUI Arrest?

Once you’re arrested for a DWI or DUI offense in Galveston or elsewhere in Texas, the most immediate concern is the potential suspension of your driver’s license. This is governed by the Texas Transportation Code, which stipulates a 15-day period post-arrest to challenge the suspension. This is referred to as Administrative License Revocation.

In this scenario, understanding the Texas Code of Criminal Procedure becomes imperative. As an attorney who’s these kinds of criminal cases numerous times, I can assure you that they’re all different and we’re almost always able to help our clients.

Penalties

The True Cost of DWI and DUI Charges

Penalties following a conviction for DWI or DUI range from fines, jail time, to even mandatory education programs.

For a first-time DWI offense, fines can reach up to $2,000. Jail time can be anywhere from three days to six months. Repeat offenders face harsher penalties, as outlined in the Texas Penal Code.

But it’s not just about the immediate penalties. A DWI/DUI conviction can have long-lasting effects on your life, affecting everything from job prospects to housing opportunities. It’s here that the expertise of a seasoned Galveston DWI attorney becomes crucial.

Defense Strategies

Crafting a Strong Case

Fighting criminal charges of DUI or DWI in Texas requires a deep understanding of both the law and the science related to blood alcohol testing. Questions about the accuracy of breathalyzer tests, the legality of the traffic stop, and the conduct of the arresting officers can be fundamental parts of our defense strategy.

Remember, the Constitution of the United States guarantees certain protections. In particular, your Fourth Amendment protection against unreasonable searches and seizures. Leveraging these constitutional protections is a cornerstone of crafting a defense strategy.

The Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Working with Attorney Amber Spurlock

Your Galveston DWI Defense Lawyer

Here’s where my role as your attorney comes into play. I provide representation that’s not just about legal prowess but also about understanding the human element behind every case.

My approach is not just about taking your case through the legal system; it’s about using your unique situation as the basis of your defense. I’ll take the time to review dashcam footage, bodycam footage, and any evidence you might have that can help your case.

With numerous 5-star reviews on Google and no complaints with the State Bar of Texas, you can trust my commitment to your case to be unwavering.

Why Hire Amber?

Choosing the right legal representation is can be the difference between being found guilty or going home scot-free.

If you have any questions give us a call. We offer 100% confidential & free initial consultations, flexible payment options, and affordable legal fees. We know first-hand how criminal charges related to DWI and DUI offenses can turn your life upside down. We can help.

My approach is to provide not just legal expertise but guidance through this challenging time. If you or someone you know is facing criminal charges in Galveston County, don’t hesitate to reach out to me by calling 409-904-0407. Remember, the right criminal defense lawyer can make all the difference in your case.

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Erasing & Sealing Criminal Records in Texas

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Attorney Amber Spurlock understands the importance of having a clean criminal record. We know it’s more than just an abstract concept—it’s about your reputation, future employment opportunities, and your overall quality of life.

If you have a criminal record and are wondering about your options for clearing it up, Texas law provides several routes, and we’re here to guide you through them.

If you have immediate questions and would like to speak with a Galveston criminal defense attorney, call us today at 409-904-0407. In the meantime, this page covers most of what you need to know regarding criminal record sealing.

Understanding Expungement and Non-Disclosure in Texas

The terms “expungement” and “non-disclosure” are often used interchangeably, but they’re not quite the same.

In Texas, expungement is outlined by Article 55.01 of the Texas Code of Criminal Procedure.

Expungement

Expungement, also known as expunction, is the process of legally erasing a criminal record. In the eyes of the law, the arrest or charge never happened. It’s as if you’ve hit the reset button on your criminal history. If you’re granted an expungement, you can legally deny the event ever occurred, except in very limited circumstances.

Certificate of Non-Disclosure

A Certificate of Non-Disclosure doesn’t erase your record—it hides it. If you’re granted a Certificate of Non-Disclosure, your criminal record still exists but is sealed from public view. Certain government agencies and law enforcement can still access your record, but for the most part, employers, landlords, and the general public can’t.

Qualifying for Expungement in Texas

Not everyone qualifies for an expungement in Texas. Qualification for expunction largely depends on the nature of your charges and the outcome of your case. Here are some scenarios where you might be eligible:

  1. Acquittal: If you were acquitted of the charges—meaning you were found not guilty—you can apply for an expungement.
  2. Dismissal: If the charges against you were dismissed, you’re also eligible.
  3. Conviction overturned: If you were initially found guilty, but your conviction was later overturned on appeal, you can seek expungement.
  4. Pardon: If you were convicted but later pardoned, you qualify.
  5. Certain misdemeanors: If you were arrested for a misdemeanor but never formally charged, you might be eligible, depending on how much time has passed since your arrest.

Remember, even if you think you meet these criteria, expungement isn’t automatic. It’s a legal process that requires filing a petition with the court.

If you have questions about whether or not you qualify for expunction contact our law offices today. The information on this page is general information. So, be sure to speak with Attorney Sandra Oballe about your situation in particular.

Qualifying for a Certificate of Non-Disclosure

The qualifications for a Certificate of Non-Disclosure are a bit different. In Texas, you might qualify if you’ve successfully completed the deferred adjudication community supervision requirements associated with your case.

Deferred Adjudication is a form of probation where you’re charged with a crime, but the court defers the finding of guilt granted that you adhere to the agreement.

If you meet these criteria and a predetermined waiting period has passed, you can apply for a Certificate of Non-Disclosure. However, certain offenses aren’t eligible, including family violence offenses, most violent offenses, aggravated kidnapping, and any offense requiring registration as a sex offender, among others. Again, if you have questions about your particular situation or that of a loved one, contact Attorney Sandra Oballe today.

Get Started Clearing Your Criminal History Today

We’ve only scratched the surface of expungement and non-disclosure in Texas. The reality is, the process can be complex with confusing qualifying standards. That’s where we come in. Attorney Amber Spurlock is dedicated to helping our clients clear their criminal records and get on with their lives. We know the ins-and-outs of Texas law and will work with you throughout the process.

Why Choose Attorney Amber Spurlock?

If you’re ready to start the process of sealing your criminal records, it’s best to work with an experienced criminal defense lawyer. That’s exactly what you get with Amber Spurlock; an experienced Texas criminal law counselor. Ms. Spurlock has practiced law in Texas and Federal Courts since 2014. She has extensive experience with post-conviction matters, appeals, and criminal record sealing.

We’re not just a law firm—we’re your advocates, guides, and partners in this journey. We’ll walk you through the process, handle the paperwork, and, if necessary, represent you in court. We know how important getting your criminal history sealed is for your future. As with all of our clients, our law firm is committed to giving you the attention you deserve.

We don’t take on more clients than we can handle and we take all of our clients’ matters serious. If you call us, we’ll call you back. If you send Amber a text message, she’ll respond. Client care is our top priority. Furthermore, we have numerous reviews from our former clients that attest to our dedication to our professional responsibilities.

Keep your Past where it Belongs, Behind You

Don’t let your past hold you back any longer. Clearing your criminal record will open up new opportunities and give you the fresh start you deserve. Contact Attorney Amber Spurlock today to schedule a consultation and learn more about your options.

Ready To Get Started?

Call Attorney Amber Spurlock Today!

To speak with Attorney Amber Spurlock, call 409-904-0407 today. We provide flexible payments, affordable legal services, and aggressive legal presentation. Remember, you’re not defined by your past. With our help, we’ll take the steps needed to clear your criminal record. We look forward to assisting you on this journey.

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Fighting Drug-Related DWI Charges in Galveston

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We’ve seen a marked increase in the number of drug-related driving while intoxicated (DWI) arrests in Galveston. This uptick is partly attributed to changing societal attitudes towards certain substances and, to a lesser extent, the way lawful prescription drugs intersect with DUI enforcement.

In Texas, a criminal charge for DWI doesn’t have to stem from alcohol abuse. A person can arrested for DWI (DUI) for driving while high on marijuana or other controlled substances.

Under Texas Penal Code, Section 49.01(2), intoxication includes “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.”

This broad definition means that even legally prescribed medications, assuming they’re impairing one’s ability to safely drive, can be the basis of a DUI or DWI arrest.

I’m Amber Spurlock. I help people charged with DWI, DUI, and other criminal offenses in Galveston, TX. If you’re seeking legal representation following criminal charges in Galveston County, my office can help you. Call me today at 409-904-0407 to get started.

About DUI Cases, Drug Recognition & Testing

Unlike alcohol-related DWIs, where blood alcohol concentration (BAC) provides a clear metric, drug-related DWIs are more complex.

Texas law enforcement officers often rely on Drug Recognition Experts (DREs) and various testing methods, including blood tests, to ascertain intoxication levels.

However, evidence gathered using these methods can always have inaccuracies. Furthermore, they’re highly subjective.

For instance, the presence of a drug in one’s system doesn’t necessarily prove impairment at the time of driving. Many substances, particularly cannabis, can remain detectable long after their impairing effects have subsided.

Such discrepancies can lead to wrongful DWI charges, where the driver was not actually impaired at the time of the incident. If you think your case falls under this umbrella, let us take a look at it.

Fighting Drug-Related DWI Charges

A Strategic Approach

When facing a drug-related DWI charge in Texas, the defense strategy can be multifaceted. As an experienced Galveston DWI lawyer, I know the importance of a tailored defense strategy that scrutinizes every aspect of the charge.

Below, I’ve listed a few strategies that can be effective in getting your charges reduced or your case dismissed outright.

  1. Challenging the Traffic Stop and Arrest: The Constitution of the United States safeguards individuals against unreasonable searches and seizures (Fourth Amendment). If the initial traffic stop was without probable cause, it could greatly benefit our defense efforts.
  2. Questioning the Drug Recognition Methods: The reliability of DRE assessments and chemical tests can be contentious. Expert testimony can be crucial in highlighting the limitations and potential errors in these methods.
  3. Evaluating the Role of Prescription Medications: If prescription drugs are involved, we’ll need to demonstrate that they were taken in accordance with a valid prescription and did not impair driving abilities to the extent of legal intoxication.
  4. Highlighting the Lack of Correlation Between Presence and Impairment: Scientific testimony may be necessary to establish that the mere presence of a substance in one’s system does not equate to impairment during the time they were driving.

Put Experienced Legal Representation on Your Side

The complexity of drug-related DWI cases in Texas underscores the need for experienced legal representation. As an attorney with extensive experience in DWI cases, I bring a deep understanding of both the legal and scientific aspects of these charges.

At our law firm in Galveston County, we provide a 100% free & confidential consultation and flexible options to address legal fees.

Our commitment is to offer a supportive environment where we can navigate your legal challenges with confidence.

Charged with DUI & DWI in Galveston County?

Contact Attorney Amber Spurlock Today!

While my goal is to defend people charged with drug-related DWIs, I’m also keen to emphasize the importance of not discussing your case or posting about it on social media.

If you need to consult with an experienced criminal defense lawyer about criminal charges in Galveston County, contact my office immediately. You can reach me by using the contact form or by calling directly at 409-904-0407.