Author: Butler Law Firm

Common DWI/DUI Charge Defenses In Houston Pt 2

Types Of Defenses Used In Houston DWI/DUI Cases

Part 2

No Probable Cause For Arrest

If the officer that arrested you fails to produce a probable cause for pulling you over, or for trying to arrest you for “drunk driving”, any of the evidence collected during your arrest might not be “admissable” if your case goes to trial. For instance, if you think that you were pulled over due to your race or ethnicity and not due to evidence of strange or erratic driving, that the officer might have contributed to your intoxication, then your defense might challenge your arrest.

Road Trip Tips in HoustonNo Miranda Warnings

Police officers that make arrests are required to provide you with the necessary Miranda warnings. These are the warnings that you might have heard on TV crime programs that include that you have a “right to remain silent”, that you “have a right to an attorney” and that “anything you say may be held against you in a court of law”. If the officer that arrested you failed to provide you with these warnings or the officer recited them incorrectly, then your defense lawyer might go after getting certain evidence excluded from the trial.

Challenging The Testimony Of The Arresting Officer In Regards To Your Behavior At The Time

In many DWI and DUI cases, an important part of the evidence that the prosecution uses will include observations and impressions made on the officer to imply whether you were drunk (under the influence) or not. This usually includes testimony from the arresting officer regarding how you were handling your vehicle. This could include weaving, driving erratically (uneven speeds), crossing over the middle or centerline, running red lights, or hesitating before proceeding through green lights.

Other common observations can include the way you looked and acted once the officer pulled you over such as slurred speech, bloodshot eyes, or stumbling. It could also include how you perform in field-sobriety tests. If your defense team can present evidence that might challenge the evidence or observations presented by the prosecution, then you might be able to detract evidence from the case that the prosecution has bought against you.

Introducing Witnesses That Have Different Observations

If any other person or people were present that observed your actions and behavior when you were arrested, you might be able to introduce them as a witness. Witnesses in DWI or DUI cases may be able to provide examples of the following testimonies:

  • That you looked sober at the time of the arrest
  • That they did not see you drinking any alcohol before you got in your car
  • The reason you hesitated at a green light was caused by a distraction and had nothing to do with driving “under the influence”

Provide A Valid Explanation For Your Appearance & Behavior

If you can provide a valid explanation for how you acted or looked when you were arrested, you might be able to counter why the arresting officer thought you were under the influence or drunk. Common examples include:

  • Due to a physical impairment, you were unable to perform appropriately in a field sobriety test
  • Your slurred speech had to do with tiredness or a prescribed medication you are currently taking
  • Your eyes were bloodshot due to contact lenses, lack-of-sleep, or an allergy
  • Since the instructions provided for the field-sobriety test were not clear or confusing, you were unable to perform well

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here for the first article in this series.

Common DWI/DUI Charge Defenses In Houston Pt 1

Types Of Defenses Used In Houston DWI/DUI Cases

Part 1

DWI stands for Driving While Intoxicated or DUI, stands for Driving Under the Influence are both serious offenses. They are also associated with severe penalties. If you have recently been arrested or charged for a DWI or DUI offense, it becomes important to find out about the various defense options, if you intend to defend your charge. Building a viable and strong defense case may assist with reducing the penalties, getting your charges dropped, preventing a suspension on your driver’s license, and maybe even getting you acquitted once the trial is finalized.

It is also important that you know that a prosecution that is handling your DWI or DUI case, is required to prove the following 2 things have happened when you were pulled over:

  1. DUI Charges Dropped in HoustonThe person being charged (the defendant) was actually the driver of the vehicle.
  2. And that the person being charged (the defendant) was believed to be “under the influence”. “Under the Influence” means that the driver’s ability to drive their vehicle safely was to a degree affected by either their intake of drugs, alcohol, or in some cases both.

Defense cases are often mounted to try and prove that one or both of these elements is incorrect. This is aimed at stopping a prosecution from being able to prove the validity of their case. Defense cases are also able to assist in preventing a prosecution from presenting evidence if the case goes to trial, which further reduces the likelihood of the plaintiff (the prosecution) to actually prove they have a case.

The defense types that can be used for defendants of DWI and DUI charges may vary when it comes to where they were arrested (the state). Here is a list of the popular defense cases used in DWI and DUI charges, in the different states:

Defenses Associated With “Driving”

You cannot be charged with or convicted of “drunk driving” unless you were driving your vehicle when you were pulled over. Many of the charges only take place, once you are pulled over, which typically means there is not usually an argument or dispute about if you were driving the vehicle or not. However, if the traffic officer at the time failed to observe that you were actually driving the vehicle, for instance, you were sitting in your car in a public space with your car idling when an officer approached the vehicle, according to the evidence collected the issue related to “drunk driving” may become debatable.

Defenses Associated With Arrest

When it comes to defense cases, vital information may assist you when it comes to defending the DWI or DUI charges bought against you. For instance, if there was no reason or justification for an officer to pull you over and arrest you, to begin with, or when the correct legal procedures have not been followed by an officer during your arrest. Evidence gathered, including the testimony of the officer or results from your breathalyzer test might be deemed “inadmissible” in a court of law and even kept off the “court record”. This may mean that a prosecution might not have enough evidence which could lead to the charges been dropped against you.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here for the second article in this series.

How A Houston DWI Attorney Will Work On Your Behalf Pt 2

Knowing How DWI Lawyers Can Help Lighten Your Sentence In Houston

Part 2

How To Find The Right Lawyer

Given the fact that there are more than 1.3 lawyers in the United States right now, it can be difficult to narrow the field of candidates to find the best option for your case. Fortunately, you can begin the whittling process with relative ease by starting locally.

It is crucial that you find a practitioner who is experienced in the specific court in which your case is being handled. Familiarity with that court’s procedures and the judges who work there is essential when it comes to boosting your chances of a better result.

The law surrounding drunk driving cases is quite specialized. These practitioners need to understand how to challenge the state’s blood-alcohol evidence, the constitutionality of the initial traffic stop, a chain of custody regarding evidence obtained in the case, and more. As such, it is unwise to hire just any criminal defense lawyer. You need someone who knows the ins and outs of DWI law and who has helped numerous prior clients in similar situations to yours.

Once you have compiled a list of names, begin visiting the lawyers’ websites to fill out online contact forms, or simply call their offices yourself. If they have the capacity to accept your case, consider scheduling an in-person meeting to see if you think a strong working relationship built on trust is possible with each one. After you make your hiring decision, your energies can be focused on building your defense and, with any luck, minimizing the impact of any sanctions that may be imposed.

Hire Attorney Jim Butler To Help You With Your DWI Charge

If you’re facing a DUI charge, you may be feeling overwhelmed. You might have concerns about what lies ahead. When you work with us, we can make this process easier for you.

For nearly a quarter of a century, attorney Jim Butler has helped countless clients receive reduced jail sentences and mitigate the impact of a drunk driving arrest on their careers, their families, their finances, and their mental health. Jim focuses his practice entirely on the defense of drunk driving cases, allowing him to remain up to date on every development in this distinct area of the law. While Jim by no means endorses or condones driving while under the influence of drugs or alcohol, he also believes that everyone is entitled to a vigorous legal defense and that the penalties often imposed for DWI are disproportionate to the crime.

Reach out to Jim Butler today by calling (713) 236-8744. Schedule a free consultation so that you can learn more! Visit our blog for more related articles. Click here for the first article in this series.

How A Houston DWI Attorney Will Work On Your Behalf Pt 1

Knowing How DWI Lawyers Can Help Lighten Your Sentence In Houston

Part 1

DUI Lawyer Role in HoustonDrinking and driving is never a good idea, but the fact is that it does occur. Too many people end up having just one more drink with dinner before driving home or indulge in a happy hour cocktail on a Friday afternoon. In other cases, you may have to get behind the wheel to attend to an emergency, even though you know there is alcohol in your system. No matter what precipitated the conduct, driving under the influence is always wrong. When a police stop occurs, the lesson is driven home even more strongly. That said, there is no need to accept excessive levels of punishment, particularly for a first offense. There will almost certainly be a consequence if you are convicted of this crime, but with the assistance of a skilled DWI lawyer, the sanctions may be mitigated.

How DWI Lawyers Help

A DWI attorney is someone who customarily handles drunk driving defense matters for those charged with this type of offense. They are highly familiar with the law in this realm and know what it takes to prevail. Lawyers have attended graduate school for several years and cleared substantial professional hurdles including the bar exam in their state, just so that they can practice law.

If you engage the services of a DWI attorney, they will work to oversee all facets of your case, from the initial arrest onward. Perhaps you already have an attorney with whom you are familiar, and if so, contact that individual immediately once you have been stopped for DWI. If you lack such a contact, fear not. In most cases, you will be granted release from jail the day following your arrest, though you will almost surely have had to spend the night in police custody. If your record is relatively clean, you are almost certain to be released on a small bail amount. Then you can begin the process of finding the right DWI attorney for the next phases of your case.

After your arrest and release from custody, you will receive a court appearance date during which time you will appear in front of a judge. It is wise to have an attorney present for this event, as attempting to handle the situation on your own may result in a less desirable outcome including greater financial fines, lengthier incarceration, or harsher licensing sanctions.

It is not uncommon for a seasoned DWI lawyer to succeed in having drunk driving charges reduced, which in turn may result in lighter sentencing. In some cases, you may be able to retain your driving privileges, depending on the facts surrounding your arrest.

Reach out to Jim Butler today by calling (713) 236-8744. Schedule a free consultation so that you can learn more! Visit our blog for more related articles. Click here for the second article in this series.

Crucial Things To Do When Choosing A Houston DUI Attorney Pt 2

Helpful Tips For Selecting A DUI Lawyer In Houston

Part 2

3. Find Someone With High-Level Understanding

When your hearing has begun, the officer will only be focusing on the major core issues. They will be looking to see if your arrest was lawful or unlawful. They will likely try to figure out information about your blood alcohol reading and they will try to figure out if you were under the influence while operating the vehicle.

Because of this, you want to hire a professional attorney who will be able to refute these issues on your behalf. You want an attorney who is willing and able to provide you with a detailed guideline about the available defenses you have. For instance, your attorney may bring up the fact that the arresting officer didn’t use the BAC equipment as it was intended.

4. Conduct An Interview

Whenever you are doing something as important as choosing an attorney, you should be making it a priority to interview with them. By doing this, you will be able to see how the attorney works and whether or not they are organized and willing to discuss the particulars with you. Always have all of your paperwork with you during these interviews.

When you are conducting a face to face meeting, you want to ask the attorney if he or she knows the arresting officers. If they are familiar with them, it could be easier for them to plan a defense case.

5. Free Consultation

When you are going after a reputable attorney, you will be able to get someone who is willing and able to provide you with a free consultation. The good thing about this is the fact that you will be able to explore their knowledge and skills to see whether or not they are the right fit.

When you are going through the process of having your free consultation, you can generally get a good idea of what kind of evidence they would be able to present on your behalf if it went to trial. This will play a big role in determining the outcome of the case.

Red Flags To Lookout For

Now that you are well aware of what you should be looking for when you are choosing one, we will be going over some of the red flags that you should keep an eye on to avoid choosing the wrong one.

1. Lack Of Preparedness

One of the main things that you should be looking out for would be a lack of preparedness. If the lawyer you are considering doesn’t come through with the appropriate level of preparedness, it is a major red flag to begin looking at other options.

2. Makes False Promises

You may find some lawyers who are willing to make false promises. If you are receiving guarantees about the outcome of the case before it begins, look elsewhere. No reputable lawyer can nor will make these sorts of promises and guarantees.

You want to look for the support staff of the lawyer you are considering. If you are noticing that the staff has a very high turnover rate, you are likely going to want to look elsewhere. It generally means the lawyer isn’t keeping his or her staff satisfied which makes it unlikely they will be worried about keeping their clients happy, as well.

If you use these guidelines during your course of finding an attorney, you should be able to find a good DUI attorney to help you through these troubling times.

Contact us or call us today to get the best DUI/DWI counsel in Houston. Click here for the first article in this series.

Crucial Things To Do When Choosing A Houston DUI Attorney Pt 1

Helpful Tips For Selecting A DUI Lawyer In Houston

Part 1

Have you been booked with a DUI and you find yourself in need of hiring a professional attorney? If so, we will be able to give you all of the information you need to ensure you make it out as good as possible. However, before we do that, let’s discuss some more details about DUI’s in the first place.

Find a DUI Lawyer in HoustonWhen you get booked with a DUI, your driver’s license is taken. However, you will be supplied with a temporary license. When you receive this temporary license, you will have 10 days to contact your local DMV. If you fail to contact the DMV within this period, your license will be automatically suspended.

Upon contacting the DMV, you will have a hearing scheduled. The purpose of the hearing is to figure out whether or not you will be able to keep your license. This administrative procedure is something that can vary in total duration. You can expect it to last anywhere from as little as 10 minutes to a full 2 hours.

Typically, this hearing takes place in an office with the proceedings getting recorded on videotape. Because this hearing can be difficult to win, it’s always recommended to hire an attorney for professional representation.

1. Conduct Research About The Attorney

First and foremost, you should be looking to conduct your research. When you are tasked with choosing a lawyer for representation, you want to pick someone you have full confidence in. The only way you will be able to find someone that you have established confidence in would be by hiring someone you have done a lot of research on. You can do this by prepping an Excel spreadsheet and writing down all of the different lawyers that you can choose from. You can jot down the details about each one. That way, you will be able to do a thorough comparison of the different options from a single sheet.

2. Find One With Experience

Unfortunately, when you are booked with a DUI, you don’t have much time to act. The fact is, you need to do a lot of things within a short timeframe. Therefore, you will need to hire someone who has adequate experience handling DUI cases. Finding someone who has a lot of experience handling DUI cases will put you in the best position to succeed.

As soon as you can get in touch with an experienced lawyer, you will be able to have your case handled by a professional attorney. He or she will be able to schedule your hearing and do all of the administrative things that are required. A lot of people get anxious about the hearing process. While it can be anxiety-inducing, it could benefit you as the driver. The main reason the hearing can be beneficial is that your driver’s license will not be suspended when your hearing is in progress.

If you can contact someone who has adequate experience, they may be able to convince the DMV to avoid suspending your license during the hearing process.

Contact us or call us today to get the best DUI/DWI counsel in Houston. Click here for the second article in this series.

A Guide Not To Get A Houston DUI/DWI Charge This New Year Pt 2

Helpful Tips To Avoid DUI/DWI Arrest During New Years In Houston

Part 2

Going Out?

In case you will be heading out to a party, don’t forget the importance of being responsible and avoiding drunk driving. Drinking and driving not only puts your own life at risk but also the lives of those around you and your car. It is actually estimated that two out of every three people in America will be involved in a drunk driving-related accident.

Many drunk drivers falsely assume that they can drive properly even when intoxicated. Despite how much you are used to drinking, alcohol always has a tendency to affect one’s depth perception and information-processing (psychomotor) skills. Considering that alcohol is a depressant, it interferes with the functions of the central nervous system, thus delaying your brain’s assessment and response time. In simpler terms, it significantly lowers your reaction time.

While each state has its own legal limit, driving with a Blood Alcohol Content (BAC) above .08% is considered highly dangerous. Keep in mind that at a BAC of just .05% and even lower, a driver is considered to have a compromised judgment. This is why it is crucial to have a safety plan in place if you are planning on drinking over New Years’.

Pick A Designated Driver

It is always a smart move to have someone in your group remain sober. Just ensure that you select someone who is responsible and can get everybody home safely.

Grab A Taxi

While a taxi may cost you extra, it is incomparable to the worth of a life. Nothing compares to the value of a human soul. In case you are feeling a bit woozy or you suspect that you have impaired judgment, get a taxi, and ensure that you get home safely.

Crash At Your Friend’s Place

If you don’t trust yourself to drive home safely in your current condition, then ask your friend if you can crash at their place for the night.

Surrender Your Keys To The Host

If you have a tendency to drink over the limit and suspect you might do so, you can request the host to keep hold of your keys unless they believe that you are in a good state to drive.

DUI Or DWI

Being convicted of driving under the influence (DUI) or driving while intoxicated (DWI) will earn you time in jail, hefty penalty fees, and a license suspension. Drinking and driving can lead to a car accident and cause your insurance rates to increase. You can also end up killing someone resulting in vehicle-manslaughter charges, which is classified as a second-degree murder charge. Driving while intoxicated is definitely not worth these risks. While you may get away with driving drunk, you have to keep in mind that safe driving isn’t about getting caught or escaping legal consequences, it’s all about safeguarding your life and the lives of others.

How Much Is Too Much?

If you drink frequently, you might think that you can “handle” your liquor. But in reality, most metabolisms require at least one hour to digest a glass of alcohol. Here, a standard glass equals 12 ounces of beer, 1.5 ounces of distilled spirits, and 5 ounces of wine. So, if you end up drinking more than this in one hour, consider waiting before hitting the road.

Feel free to contact Bulter Law Firm for more information. Visit our blog for more related articles. Click here for the first article in this series.

A Guide Not To Get A Houston DUI/DWI Charge This New Year Pt 1

Helpful Tips To Avoid DUI/DWI Arrest During New Years In Houston

Part 1

Every 30 minutes, someone loses their life due to drunk driving. In the past few years, an average of 13,000 people has died each year as a result of drunk driving-related accidents. New Year’s Eve sees a particularly high number of deaths thanks to drunk driving. Drunk driving accounts for nearly 50% of all tragic accidents on New Year’s Eve. And these crashes often occur after midnight. Although it is impossible to prevent other drivers from driving while intoxicated, there are some things you can do to protect yourself and your loved ones in case you choose to drive somewhere this New Years’.

Hosting A Party?

Offer Non-alcoholic Drinks

Limiting access to alcohol is by far the easiest way to ensure that your guests don’t drink and drive. However, as it is custom with most parties, many guests will expect drinks or even bring their own. But it is still wise to have plenty of non-alcoholic drinks to serve designated drivers and those who don’t wish to drink.

Ask About Arrangements For A Designated Driver

Even though this may make you seem nosy, it is important to ensure that your guests have a designated driver. Finding out if they have a designated driver will help you determine if it’s best to just confiscate their keys or let them crash at your place. When you emphasize that you are minding for their safety, they will most likely open up about what plans they have made to stay safe.

Provide Alternative Transportation

Both Uber and Lyft have an excellent service that lets party hosts to “gift” a taxi ride to a drunk friend. If you suspect that someone won’t be able to drive safely, then consider offering this to them.

Give Them A Place To Crash

A friend may end up driving drunk if they don’t know that your place open for them to crash. In case your friend isn’t in a position to drive home safely, consider offering them your couch. While this may cause some inconvenience for both of you, it can end up saving a life.

Confiscate Keys At The Door

Once your friends arrive, you can take their car keys or have them placed in a locked room together with the purses and coats. By doing so, you will ensure that nobody leaves your place while in an unsafe driving condition.

Visit our blog for more related articles. We also invite you to contact or call us today if you are in need of the best DWI Law Attorney in Houston. Click here for the second article in this series.

The Advantages Of Hiring A DUI/DWI Attorney In Houston Pt 2

Knowing Why A Houston DUI/DWI Lawyer Can Really Defend You

Part 2

(Continuation) If you are considering hiring a lawyer, who does not have any experience in negotiating with the persecutor or handling DUI matters or is not familiar with local practices, the lawyer might not be the right lawyer to get advice on how to handle your case. You might want to consult with a different lawyer. You should look at what is at stake. You need to hire a good lawyer as soon as possible if the consequences are severe. It is in your best interest to call a DUI lawyer because almost all DUI lawyers offer free consultations.

DUI Attorneys & Inside Information

The right drunk driving lawyer knows the people involved in the prosecution of DUI cases such as local officers, prosecutors, and judges. Therefore, your lawyer will tell you whether these people have been subject to disciplinary actions in the past.

Your lawyer can get your DUI case reduced or dismissed if the officer is known to be bad. The lawyer may also have a working relationship with the prosecutor handling the DUI cases. Some prosecutors can allow pleas to alternate charges, like “obstruction of a roadway,” in exchange for a stiffer counseling or higher fine, but this depends on the facts of your case and local practices. However, you will get to keep your driver’s license. Therefore, your DUI lawyer will protect your driver’s license and criminal history by asking for alternate plea options. Your DUI lawyer understands the arguments that carry more weight and appeal to the prosecutor. However, you can lose if you are representing yourself because you do not know these arguments.

The Importance Of DUI Lawyer In DUI Cases

Would you choose a dentist to give you open-heart surgery? You should consider this before choosing a DUI lawyer to represent you because the same theory applies when choosing a good drunk driving lawyer. The best DUI attorneys know the trends in DUI law and the overlap of scientific principles that the law enforcement uses. Hiring an inexperienced and unqualified DUI lawyer can compromise your DUI case and your future life because the lawyer will not understand your DUI case.

We can help reduce some of your stress if you feel stressed not knowing what is going to happen now, especially if you just got a DWI.

Why Select Jim Butler?

Jim Butler is a licensed lawyer with over 24 years of experience. Jim Butler prevents his clients from losing their jobs and stops them and their families from suffering both mentally and financially by helping them get out of jail time. There are currently 100% DWI (driving while intoxicated) in the cases of Jim Butler. Jim devotes all of this to DWI cases. The main reason Jim became a DUI attorney is he believes that several innocent people are “needlessly arrested.” However, he does not endorse drunk drinking.

Contact us or call us today to get the best DUI/DWI counsel in Houston. Click here for the first article in this series.

The Advantages Of Hiring A DUI/DWI Attorney In Houston Pt 1

Knowing Why A Houston DUI/DWI Lawyer Can Really Defend You

Part 1

Drunk driving lawyers understand the rules and the consequences of a drunk driving arrest. This is one of the top reasons to hire a drunk driving attorney. You are going to need skilled help if you are facing big and serious consequences like a permanent mark on your record, jail time, paying a large fine, or losing your license. You can get that help by getting a trustworthy and reliable lawyer in DWI and DUI.

DUI Lawyer Role in HoustonThe lawyer knows local persecutors, the defenses, the applicable law, and the options related to drunk driving cases in your jurisdiction, especially if the lawyer regularly practices DUI or DWI law. The lawyer will be able to have your DUI charged dismissed entirely or reduce your penalty/sentencing by presenting your case in the most advantageous manner possible. Many states have begun to crack down on drunk driving offenses over the last several years, so they impose harsher sentencing or stiffer penalties, especially on drunk driving offenses in the future. Unlike some lower-level felony offenses, a misdemeanor drunk driving conviction can even have more impact on your criminal history and life by way of lengthy driver’s license suspensions and mandatory jail sentences. Therefore, taking the steps for minimizing the impact of a DUI on your life is important.

Top Reasons To Hire A Drunk Driving Lawyer

One of the reasons is that drunk driving lawyers have an in-depth understanding of the important legal rules and standards (and local court procedures and customs) for the prosecution of driving under influence. Family law lawyers cannot know the current requirements for sobriety checkpoints, blood draws field sobriety tests, or breath tests, even though they can draft pleadings. Your lawyer will not be able to consciously or unconsciously identify the several issues with your case that can lead to dismissal of your case or a lesser sentence if your lawyer does not specialize in current DUI laws and technology. Moreover, you can save more money if you find a reputable lawyer with DUI experience. This is because the lawyer knows what evidence to look for and understand the substantive law applicable to your case.

The right DUI lawyer will present your case to the state motor vehicle bureau/department on your license suspension hearings. Your lawyer is much better at presenting your case more effectively and persuasively more than you because the lawyer understands the defenses that carry weight and the ones that do not.

Discuss Options To Handle With A Drunk Driving Attorney

Taking a plea or going to trial are the two options most people think they have. You will also discuss all the local options with a good DUI lawyer. For instance, there are specialized DUI programs in most countries. It is possible to earn a reduced sentence or dismissal by entering a DUI diversion program and unsuccessfully completing alcohol or drug counseling.

Contact us or call us today to get the best DUI/DWI counsel in Houston. Click here for the second article in this series.