Category: BWI

Will Auto Insurance Pay For An Accident Caused By DUI In Houston?

About Car Insurance On Houston DUI-Related Accidents

Any time you collide with another vehicle while driving, your car insurance should cover the cost of any damage. If the accident was a result of drunk driving, however, will the repairs still be covered? Do car insurance companies provide coverage for accidents resulting from drunk driving? gaminator 777: ingyen nyerőgépek, kaszinó, játékok

Car Insurance Companies Usually Cover Accidents Caused By Drunk Driving

Surprisingly, car insurance companies almost always will cover the cost of repairs for accidents that are the direct result of drunk driving. In most cases, the way they handle the accident is no different than how they would handle any other type of accident. They usually will pay out money for repairs up to your coverage limits.

Even though the majority of car insurance companies cover DUI-related accidents, they don’t cover other activities that intentionally break the law. For instance, if you purposely set fire to your vehicle, the cost won’t be covered. adózás sportfogadás után An act like this is considered insurance fraud, which means that your insurer won’t cover it.

Driving after drinking too much alcohol or doing drugs is against the law. In this case, however, any resulting collisions are classified as being accidental. sportfogadás statisztika program Even though you most likely knew you were doing something illegal when you chose to drive while intoxicated, you probably didn’t have the intention of getting into a wreck.

With the example of setting your car on fire, the act itself was done intentionally. When you get a DUI, however, it is slightly different. Even though you know that driving while intoxicated is illegal, you aren’t intentionally planning on getting in an accident.

There Are Other Harsh Penalties For Driving Under The Influence

Even though your insurance company will most likely cover the cost of any accidents resulting from driving under the influence, there are a lot of bigger concerns to take into account. The penalties associated with drunk driving are steep – especially if a collision occurs. Some of those penalties or consequences include the following:

  • You will most likely have to pay more for car insurance. Most car insurance companies increase rates after someone is in an accident that was their fault. They also increase rates for customers who are arrested for driving under the influence. That means that your monthly insurance costs will probably skyrocket.
  • Your insurance policy may be canceled or your insurer may opt out of renewing your coverage. Even if they cover the accident, they could submit a policy cancellation directly afterward.
  • You could face prison time and can even be charged with the crime of involuntary manslaughter. Car insurance doesn’t mean much when you are in jail.
  • You could be charged and convicted of driving under the influence. As a result, you may have to pay hefty fines or spend time in jail. You also will then have a criminal record.

Final Thoughts

In almost all cases, car insurance companies cover the cost of DUI-related accidents. However, there still are serious consequences that you will face if you are involved in an accident while you are intoxicated. For one thing, you may have to pay a lot higher rates for your insurance. Your insurance policy could even be canceled. In many cases, the total cost of your car insurance could double.

Your insurance provider may also submit a challenge to get out of paying your claim. For instance, they might claim that you intentionally got into an accident. Since insurance companies don’t have to provide coverage for acts that are done on purpose, they may be able to deny your claim if they can prove that you intended to get in an accident.

If you have any DUIs on your record, you will have to pay much higher rates for car insurance. The same goes for having a history of accidents where you were at fault. An accident involving a DUI falls into both categories. Because of that, your insurance rates will usually be extremely high from this point on.

Contact our firm or call us today for more information. We invite you to visit our blog for more related articles!

My DWI Attorney Is Also My BWI Attorney?

Discover How The Same Lawyer That Helps You Fight A DUI Can Help With A Charge Of Boating While Intoxicated

When summer arrives an attorney who defends clients when they get a DUI charge will often work with defendants who are facing a charge of boating while intoxicated. In fact, our firm often works with as many clients that are charged with a BWI as ones that have DUI during those months. The BWI charges often have similar consequences if they result in a conviction as a DWI would.

Get A Lawyer With Experience Defending Clients With BWI Charges

For many, the summer and holidays revolve around activities that have alcohol. When we think of spending time on a boat we will often imagine the wind blowing through our hair, water skiing, and a case of beer in the cooler. We may end our time on the boat in the same state with which we went out on it, but sometimes we may have made the decision to down a number of beers. This is when you might be charged with boating while intoxicated and need the assistance of an experienced lawyer. ingyen kockás nyerőgépes játék

What Is The Difference Between Just Floating While Intoxicated Versus Boating While Intoxicated? gaminator kalandtúra

Local penal codes say that a watercraft is defined as a device that can transport people on the water in any way other than the current of the water itself. This means that if you’re on any type of aquatic vessel other than an inner tube or simple floating device and you’ve consumed alcohol, you are at risk of being charged with a BWI. One of the big issues with these types of charges is the fact that the police officer often isn’t required by law to have a specific point of suspicion that you are in violation in order to come aboard and check things out.

An Officer May Come Aboard For A “Safety Check” That Is Actually A Ruse

Boaters are beginning to find it routine for officers to come aboard claiming they need to do a safety inspection. In many cases, this is simply a ruse so they have the chance to check over your boat and ask you questions regarding alcohol consumption. The officer may ask you to do some basic tests and then they may ask that you take your boat ashore. Once you’re back on land they will give you a few minutes to be acclimated to being on land and then they will perform a more thorough roadside test to determine sobriety similar to the ones they give when you are suspected of driving intoxicated.

You may have been on the water for several hours fishing or joyriding and yet the officer will only allow you a few minutes to reacclimate to being on land. This may mean for some, that their balance has not fully been regained and this could give the officer sufficient reasons for further tests to determine if you consumed alcohol.

Implied Consent And Boating While Intoxicated

The law allows for implied consent with a BWI just as it does with a DWI. This means that the police officer will be able to ask you to take a breathalyzer and the choice to comply or not could have significant consequences. If you choose not to take the breathalyzer then you could lose your license for 180 days. If you take the breathalyzer and register over .08 then you could lose your license for 3 months.

How A BWI Can Impact Your Commercial Driver’s License

If you take the breath test and you register over .08 or if you refuse to take an alcohol test then your CDL will be suspended for 12 months. That could cost you your job simply for drinking a bit too much while fishing. You are given 2 weeks to request a hearing if you’ve been arrested on this charge. The hearing is called an Administrative License Revocation Hearing and is for the purpose of giving you a chance to save your commercial license. If you can get the right lawyer to go with you to this hearing you stand a good chance of saving your license.

What Are The Penalties For A Conviction Of BWI?

If this is the first time you’ve received this type of charge then it will be a class B misdemeanor. You could get anywhere from three days to six months in jail if convicted. You could also get a $2,000 fine.

This charge can also be used to increase the punishment you would receive if you got any future charges of BWI or DWI. tippmix sportfogadás szelvény If you’ve already received this type of charge previously then if convicted your punishment could be more substantial. In some cases, the misdemeanor could be upgraded to a felony charge.

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!

What Happens With The First Houston DWI?

What You Can Expect From Your First Houston DWI Offense

A person can be convicted of driving while intoxicated, also known as DWI, in Texas if operating an automotive vehicle in a public area when intoxicated.  Boating when intoxicated, also known as BWI, is also an illegal act in the state of Texas. طريقة لعب البلوت At Butler Law, we understand how to properly navigate these dangerous waters.

“Intoxicated” is a state when you are either:

  • lacking the normal use of your physical or mental faculties because of alcohol, drug or other substance consumption, or
  • undergoing a blood alcohol test and having a blood alcohol concentration of .08 percent or more, typically known as a “per se” DWI.

When you are arrest for the majority of crimes, there are not any penalties unless you are convicted of the offense either by being found guilty via trial or by entering a plea. If, however, you are arrested lawfully for a DWI offense, there can be administrative consequences. The administrative consequences including license suspension and financial penalties regardless of whether or not you are convicted of the crime. If you are convicted of a DWI, you will face further criminal penalties.

This article provides information on the different criminal and administrative penalties for a first offense DWI in Texas.

1. The Administrative Penalties

If you are arrested for DWI offenses for the first time, the Texas Department of Motor Vehicles can impose administrative removal of license penalties. If you fail a chemical test or refuse to take the test, the arresting authority has the right to confiscate your driving license immediately. An officer will issue a “notice of suspension” that operates as a form of temporary driving permit, and you will have fifteen days from the date of arrest to request a hearing for contestation of the license suspension. If you do not request a hearing, the driving license will remain suspended for ninety days beginning on the 41st day after the arrest. If you ask for a hearing, the notice of suspension allows you to continue driving until attendance of the hearing and the authorities reach a final decision.

If you refuse to undergo chemical tests in violation with the Texan implied consent laws, the Department of Motor Vehicles will automatically suspend the driving license for a further 180 days after the expiration of the temporary license. The only reason why this suspension can be removed is if you are acquitted of the DWI within a criminal court during a criminal trial.

When being arrested as a first offender, you can be eligible for an “occupational license”. العاب بطاقات This is a type of license held during a suspension for driving to specific destinations, such as school and work, as well as driving to places that will help in performing household duties including stores. To gain an occupational license, you need to provide proof of financial responsibility, as well as proof that you had an ignition interlock device installed on the vehicle you operated or owned.

2. The Criminal Penalties

Typically, in Texas a first offender DWI is a misdemeanor categorized in class B; however, if the driver presented with a blood alcohol concentration of .15 percent or more, the offense is categorized as a class A misdemeanor. If you are convicted, you will receive maximum financial penalties ranging from $2,000 to $4,000 with administrative fees. First-time DWI offenders can also face between 72 hours and six months in jail. If the individual has a blood alcohol concentration of 0.15 percent or more when arrested, the jail sentence could be up to one year. DUI sentences can include DWI education programs, probation, and community services. For the first DWI conviction, a court will suspend the driving license for between 90 days and one year. Texas will also impose an annual license surcharge for three years ranging between $1,000 and $2,000.

3. Obtaining A Houston DWI Attorney

As can be seen, the Houston DWI legislation is complex with the facts of every case differing to the other. If you have been charged and arrested for a DWI, it is recommended that you speak with an experienced Houston DWI Attorney who can help you proceed with the case correctly. هازارد 2024

If you have any legal questions or need to schedule a legal meeting don’t hesitate to call us now, or contact us to schedule a time to talk further.

Butler Law Firm Addresses the Differences Between the Charges You Could Be Facing

What Is The Difference Between A Misdemeanor And A Felony?

So much is put on the line when you are charged with any kind of crime. From court-ordered community service or classes to fines and imprisonment, as well as the long-term consequences that are associated with your record having a conviction on it, your future and freedom can be threatened by any type of criminal charge.

Our expert defense attorney Houston team here at Butler Law Firm have decades worth of combined experience in defending clients who have been charged with all kinds of federal and state crimes, including misdemeanors as well as felonies. Although we work aggressively on all cases that we handle, felonies and misdemeanors do have distinct differences between them that any person accused of a crime needs to know about.

In Texas, the major offense groups of crimes are felonies and misdemeanors. The classifications help to identify the seriousness of an alleged offense, and for determining what the potential punishment will be. gaminator mobile bonus free The following are some of the key differences between these two offenses:

Misdemeanors

The major defining characteristic for this offense it that the punishment does not exceed a one-year jail term – which typically takes place at a county jail. Despite the fact that all cases are different and punishment may be impacted by the specific circumstances that are involved, the common punishments carried by misdemeanors include the following:

  • Court fees, fines, and restitution
  • Court ordered treatment or classes
  • Community service
  • Imprisonment not exceeding a 1-year term
  • Probation

There are several different misdemeanor crimes in Texas, ranging from simple assault and shoplifting to a major of first and second DWIs. There are also three separate categories these misdemeanors are classified into that refer to the potential penalties and severity of the offense:

Class A Misdemeanor: Imprisonment terms of up to one year in jail and fines up to $4,000.

Class B Misdemeanor: Imprisonment terms up to 180 days in jail and fines of up to $2,000

Class C Misdemeanor: No jail time and fines of up to $500.

Felonies

Butler Law Firm | Felony DWI in Houston TexasIn a majority of states, felonies are usually classified as crimes that may result in spending one year or longer inside a state prison. If the offense was a federal crime then the prison sentence is at a federal penitentiary. Felonies in Texas include crimes that may be punishable by six months to life imprisonment terms and death in some cases. totó tippek sportfogadás Felonies are considered to be the most serious type of criminal offense. They may carry life-changing and severe penalties including:

  • Restitution / large fines
  • Court ordered treatment or classes
  • Probation
  • Loss of civil rights privileges (gun ownership, voting)
  • Lengthy imprisonment terms

In addition to harsh penalties that the court hands down, another thing that is notable about felonies is they can seriously limit opportunities for conviction individuals. Frequently, felonies may end up being a serious stigma that can severely impact the individual’s ability to find a job and earn a living, to attend higher education or receive funding. Felonies can hurt a person’s reputation as well. There are 5 different felony offense levels in Texas:

State Jail: Fines of up to $10,000 and state jail terms of 6 months up to 2 years

Third Degree: Fines of up to $10,000 and state prison terms of 2 to 10 years

Second Degree: Fines up to $10,000 and state prison terms of 2 to 20 years

First Degree: Fines of up to $10,000 and state prison terms of 5 to 99 years

Capital: Life sentence or death with no parole

Other Factors To Take Into Consideration

Felony and misdemeanor crimes, in addition to their penalties, vary widely depending on the situation. There are some other important considerations:

Wobblers: There are crimes that are called wobblers, which means the prosecutor might have the discretion of charging a person with the crime of either a felony or a misdemeanor. In those cases, getting a felony charge reduced to a misdemeanor may be a positive resolution to the situation.

Aggravating Factors: Certain aggravating factors in both felony and misdemeanor cases can increase the penalties faced by an individual, and elevate a misdemeanor into a felony in some cases. Those aggravating factors might include crimes committed against certain types of people (children, law enforcement, vulnerable adults), crimes committed while the person is on probation, or past criminal history or prior convictions.

Whether you or a loved one has been charged with either a felony or misdemeanor, remember that both of these offenses pose serious long-term as well as immediate consequences and need to be taken very seriously. sportfogadás tippek naponta Be sure to call our proven defense attorney Houston legal team here at Butler Law Firm as soon as you can after being charged.

Please contact us for your FREE consultation if you want to discuss your case with one of our firm’s attorneys.

How To Avoid A BWI Or Boating Accident In Texas

Avoid A Boating Accident In Texas With These Crucial Tips

Texans enjoy their boats and with over 4,000 square miles of fresh water, it’s no secret why they love their boats. The state is a great place to have a goat, but boating accidents are quite common in the state, and accidents are more common there than many other states. In fact, in 2015 there were over 150 boating accidents and 39 of them were fatal. This is why it’s important to know how to use a boat safely. ivermectin pills south africa

If you own a boat, you should know how to avoid an accident. You don’t want to suffer an injury, nor do you want to be faced with a lawsuit. With that said, here are a few tips to keep in mind.

1. Know The Laws

You should learn about boating laws in Texas to understand a BWI, especially in regards to the equipment you need to have on board, as required by law. The US Coast Guard has a mobile app you can use to find laws pertaining to this. You can learn what kind of safety equipment you need to have and you can request a safety check via the app. can you use ivermectin pour on for dogs

2. Educate Yourself On Safety

State law requires those who are born after 1993 to take a boater education course, which can be completed online. Courses are sometimes required if you violate the Water Safety Act, but even if you’re not required to take a safety course, you should. Taking a course can refresh your memory of the safety rules and you can learn a lot. These courses tend to be quick, but very informative, so take advantage of them.

3. Get Boat Insurance

You don’t have to get boating insurance, but you should get a policy anyway. Remember, your home or auto insurance policy will do you no good if you are involved in a boating accident, but boating insurance will help you repair or replace your boat. It can also provide you with liability coverage, so do yourself a favor and shop around for boating insurance and choose the policy that offers you the most coverage at the best price.

4. Never Drink And Drive

Never drink and drive while operating your boat. Alcohol is involved in over half of boating accidents, and drunk driving in a boat is illegal in the state of Texas. dose of ivermectin to worm a pig If you’re arrested, you could be sent to jail for up to six months and you may have to pay a hefty fine. The state may also take your driver’s license away.

5. Get Legal Help

Butler Law Firm | Texas BWIIf you are ever involved in a boating accident, then get yourself a BWI attorney as soon as possible. Many attorneys will offer you a free initial consultation, which is where they will learn a little about your case and they may look for gaps in your coverage. Make sure you have legal representation if you are being sued or if you want to pursue a lawsuit after being involved in a boating accident because the last thing you want to do is defend or pursue a lawsuit without an expert in your corner.

Boating is fun, but you need to be safe. You don’t want to put yourself at risk or other boaters, so always operate your boat in a safe manner. With that said, enjoy your summer and time on the water, and feel free to come back to this article if you need a refresher on how to avoid a boating accident.