Category: Criminal Defense Lawyer

Duration of DWI/DUI In Houston On Your Driving Record

DUI/DWI In Houston – Serious Offenses & Consequences

In most states, the DWI or DUI offenses will remain on the driver’s record for about 5 to ten years.

Getting a DWI/DUI is quite a serious offense with a large number of possible ramifications. Unfortunately, these are pretty common offenses. According to data from the CDC, there are over a million drivers arrested annually for impaired driving.

Tips For Avoiding A DUI In HoustonAnd besides the legal troubles caused by the DUI offense, your driving record is blemished. The DUI will stay on your driving record for about 5 to 10 years in most states. However, based on where you live, you can have a DUI on your driving record for life.

A driving record with DUI can cause a number of problems down the line, including higher insurance rates, employment difficulties, and SR-22 requirements. And beyond the driving record, the DUI puts a black mark on your criminal record as well. This could sometimes mean costly fines or even jail time.

Nonetheless, there’s a big difference between a driving record and a criminal record. In most states, the DUI offense will stay on your criminal record for life, unless the charge is deferred, reduced, sealed, or expunged.

In this post, you’ll learn how DUI can hurt your driving record, and how you can get one removed.

DWI/DUI and Driving Records Per State

Every state has a different way of handling DUI, and it’s quite difficult to give one-size-fits-all advice on the same. So, when reading about your state, be sure to consider the following facts:

Most states have a point system in place to track your driving habits. Whenever you commit a traffic violation, the DMV of your state will place points on your license. When you rack up these points, you increasingly run the risk of having your license suspended. Insurance companies always check your license points when pricing your insurance policy, and the more the points, the higher the rates are likely to be.

Among the states that have a point system in place, some will award points for DWI/DUI, while the others give out much harsher penalties. Instead of points, such states will suspend your license automatically or fine you after a DWI offense.

The number of license points given for DWI/DUI offenses varies by state, and the length of time the points stay on your license will depend on where you live. There are some states with a set number of years, while others subtract points every year spent without driving violations. العاب لربح المال

Your Driving Record Matters, Here’s Why…

Your driving record will be a major factor when it comes to determining the price of your insurance policy. It’s actually one of the things that insurance companies will check when evaluating your risk levels. كريستيانو في اي فريق Drivers that have high-risk levels will have to pay considerably more for their car insurance.

This means that when your driving record is stained with accidents, tickets, or DUI/DWI offenses, your insurance rates will be higher. Insurance companies mostly consider the last 3 to 5 years of your driving record when calculating your premium. So, if you get multiple infractions within that time, the company might even cancel your insurance coverage.

Based on your career, having a splotchy driving record can affect your employment opportunities. The requirement for commercial driving licenses typically includes having a clean driving record. However, if your career doesn’t involve driving, your employer might not check your driving record when you apply for a job.

The Driver’s Privacy Protection Act was put in place to ensure that your driving record is kept private. Insurance companies and employers won’t be able to access it without obtaining legal consent or justification first.

Finally, if your driving record has a large number of infractions, you might have your license suspended. The exact threshold for having a license suspended will vary by state, and in some, a DUI/DWI offense warrants an automatic suspension.

In case your license got suspended, you’ll need to file for an SR-22. In some states, this is referred to as an FR-44. To have your license reinstated, you have to show proof that you have minimum liability insurance. This is what an SR-22 certificate is – a certificate for financial responsibility. It ideally shows that you have purchased the minimum required amount of insurance as stipulated by your state.

The SR-22 requirements usually last about 3 years, and they can be quite costly. In most cases, the insurance company will charge you a flat fee of between $15 and $50, while the DMV will charge you a filing fee. Besides these, you will also have to pay license reinstatement charges. You may even need to have some specific SR-22 (or even FR-44) insurance. Simply put, needing an SR-22 is costly.

How to Get DWI/DUI off your Driving Record

The first thing you want to do is to get legal help. DWI laws can be quite complex, and the chances of you beating a DUI without the help of an attorney are minimal. Our research actually shows that people who seek the services of qualified DUI attorneys are three times as likely to get their DUI charge reduced than without.

An attorney can help you beat a DUI charge. Unfortunately, sealing, removing, or expunging a DUI from a criminal record doesn’t mean that the offense is no longer on your driving record. There’s usually nothing you can do to have a DUI off your driving record aside from waiting and avoiding additional infractions or accidents.

A DUI will stay on your driving record until the amount of time as specified in your state law elapses. Check out the table above to find out how long this period is according to your state.

Irrespective of the specifics of your situation, you do want to have a professional attorney by your side. They can provide critical advice and help you mitigate the damage that comes with a DUI. Ensure that your attorney has ample experience in dealing with DUI cases.

How DUI hurts your Insurance Rates

DWI aren’t just headaches; they can be very expensive. Data shows that a DUI can cost upwards of $15,000 when the entire process is done. This includes legal fees, towing, bail, insurance hikes, ignition long, court fines, and diversion programs.

Our research points out that drivers can pay up an average of $830 annually for their car insurance after a DWI charge. Of course, you might have to pay significantly higher rates for 3 to 5 years even if you keep your driving record clean during that period. And in case you do get into a traffic infraction or accident within these 3 to 5 years, your rates can rise exponentially.

Checking your Driving Record

Curious if an old infraction is still on your driving record? Well, it’s easy to check your driving record. You only need to enter your identification and personal information. The process will vary based on your state. اسماء الدومنه

Here’s how you do it:

  •  Find the official website of your state’s department of licensing (should end in .gov)
  •  Search for a driving record page with the site’s search functionality.
  • You’ll be asked to pay a small fee (about $10) to get a copy of your driving record.
  •  You can also get a physical copy directly from your local DMV. It’s also possible that your insurer has a copy on file.
  • Once you get your copy, ensure that all of the listed incidents and dates are correct.

Feel free to call us today if you have any further questions!

How Does A DWI Affect Your CHL?

How a DWI Could Affect Your CHL in Texas

You may have heard Charlton Heston’s “Out of my cold dead hands” speech quoted many times. His words and the 2nd Amendment are a big deal to people who own guns. بوكر حقيقي على النت Especially for those in Texas where the CHL is available, and where handguns are a major part of the culture. A DWI could take that license away, and that’s a scary thought.

Often, law-abiding citizens take the time to go through the process of getting a concealed handgun license, and then later make one mistake and are faced with a DWI as well as a potential charge for unlawfully carrying a weapon. This can be a huge shock to a person. They took the steps to get the paperwork required to carry in their State, and often they didn’t even have their firearm directly on their person at the time they were faced with the charge, yet they need two bond payments and are faced with two cases, so more time on their attorney’s bill as well.

How Can a UCW Charge Occur for someone Licensed to Carry, or who Carries a Weapon in Their Car in Texas?

The law can be quite confusing, but under Section 46.02(a)(2)(A) of the Texas Penal Code, if a person is engaged in criminal activity, then they could be charged with unlawfully carrying a weapon even if they have a license to carry, and even if the weapon is stored in their vehicle rather than on their person. For this reason, do not drive with an open container, or, if you are going to drive with an open container make sure that you do not have a weapon with you, either on your person or in the vehicle. This will massively reduce the likelihood of you being charged.

If you are arrested for a DWI, and you are discovered to be carrying a weapon, then you run the risk of being convicted for the DWI and also arrested for illegal weapon possession. However, and this part is important to understand, if you are later found innocent of the DWI then you will also, therefore, be innocent on the charge of illegal weapon possession assuming that you were licensed and otherwise correctly handling the weapon. موقع قمار The lesson here is that you should not drink and drive because as a weapon owner you face greater penalties than the average person should anything happen.

Can a DWI Impact My Right to Hold a CHL?

DUI Charges Dropped in HoustonTexas has strict rules when it comes to the CHL. If you are convicted of a misdemeanor at Class A or B, then you will be faced with disqualification from your CHL for five years. Your first DWI would be enough for you to see this penalty. Indeed, deferred adjudication for a DWL would be classed as a conviction. موقع مراهنات رياضية

Cases which are dismissed after the probation of deferred adjudication are still counted for the purposes of a CHL, and if someone is given two DWIs in a ten year period then they could be disqualified on the grounds that they are a chemically dependent person, and that disqualification will persist even after the five-year disqualification has been served. However, if you are found not guilty or if your case is dismissed, then you will still be able to apply for a CHL.

If you have a CHL and are Charged with a DWI What Happens Next?

There is no due process with the CHL. If you are charged with a DWI then your license will be suspended immediately. You will need to fight the charge to have a chance of getting your license restored.

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!

The Administrative License Revocation Hearing And It’s Importance

The Importance Of The Administrative License Revocation Hearing

You should be provided with a DIC-23 (Notice Suspension Temporary Driving Permit) and DIC-24 (Statutory Warning) by the State of Texas once you are arrested for Driving While Intoxicated (DWI). There are 3 main reasons why you are issued with these documents:

As A reminder Of Your DWI Arrest

DUI Helpful Ideas in HoustonIf you did not provide a blood or breath sample or provided one with a 0.08 alcohol content the documents are meant to inform you that your driver’s license is subject to suspension for 180 or 90 days respectively.

Lastly, the documents are meant to inform you that you can attend an ALR (Administrative License Revocation) hearing where you get a chance to challenge the suspension. clinical trials.gov ivermectin dengue

To ensure that you are well represented at the ALR hearing, it is recommended that you hire a formidable DWI lawyer. aspen pet ivermax veterinary ivermectin The proceedings which normally place you on the opposite side of an experienced Department of Public Safety prosecutor are adjudicated by a judge working under the (SOAH) State Office of Administrative Hearings and the rules of procedure and evidence apply.

Importance Of The Administrative License Revocation Hearing

The ALR hearing is important for 2 main reasons, as an expert DWI lawyer will inform you:

It gives you the chance to prevent the suspension of your driver’s license.

To properly prepare a defense for your DWI case, the hearing can facilitate the discovery of vital evidence.

The evidence that will be used during the hearing, as well as your criminal, a case can be legally challenged for the first time during the Administrative License Revocation hearing. It is possible for us to question the arresting officer about the details of the arrest, after subpoenaing him to the hearing and placing him under oath.

This Leaves The Officer Somewhat Exposed

The officer’s testimony is captured on record when he/she is questioned under oath. There is no way for the officer to correct any errors he/she committed during the arrest, nor can he/she change his account of the arrest. can i buy ivermectin over the counter in australia To impeach the officer in a jury trial or successfully convince the ADA (Assistant District Attorney) to throw out the case, we can use this record.

To better understand your DWI case, a skilled DWI lawyer takes advantage of this opportunity. The ADA’s case can also be weakened before they understand what it is about, at this point as well.

There’s A 15-day Widow For Booking Your Hearing

Act swiftly once you receive your Statutory Warning and your Notice of Suspension Temporary Driving Permit.

To help prevent the suspension of your driver’s license, book a meeting with a qualified and experienced DWI lawyer as soon as you are released on bond.

The DPS will automatically suspend your driver’s license 40 days after the arrest if the ALR hearing is waived as a result of you not requesting a hearing within the 15-day window after receiving a Statutory Warning and Notice of Suspension Temporary Driving Permit.

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 Even Is A DWI Defense Counsel?

The Defense Lawyer: Understanding What A Defense Counsel’s True Role Is

Part 3

C. Understanding What The Defense Lawyer’s Real Role Is

I belong to numerous attorney list serves, and am dismayed by all of the attorneys who celebrate whenever a guilty individual is acquitted. Although it would be appropriate to celebrate acquittal based on insufficient evidence for establishing proof beyond a reasonable doubt or due to a motion for suppressing evidence that was granted due to a person’s rights being violated by the government, it would not be proper for celebrating a “not guilty” verdict on a person who is truly guilty for just this sake alone. All of us win, including both the guilty and innocent, whenever our justice system works as it is intended. All of us lose, including both the guilty and innocent, whenever a wrong decision is made by a judge. That is particularly true whenever it is based on cowardice for withstanding any potential adverse publicity that may follow when a guilty individual is set free. Furthermore, all of us lose, both the guilty and innocent, when a prosecution, for furthering a career and for political purposes, cheats to win to get good publicity in order to support their campaign. This said, it still would be proper celebrating a guilty individual’s wrongful acquittal when they already have been punished sufficiently and any additional punishment would be unjust overkill, or would not serve any purpose of society or the rehabilitation concept.

D. Courage To Keep Standing Tall And Not Back Down

We also all lose, whenever a defense attorney does not provide their client with 100% effort when it comes to protecting all of the rights of this citizen at each stage in the process. In ABA Standard 4-1.2 (b) speaks to the need of defense lawyers to have courage, and truthfully, any defense attorney that represents a client without having 100% courage for doing the right thing, cheats both the system as well as the client. That is particularly true when the individual is factually guilty.

It is not effective counsel if there is anything less than a total 100% commitment. However, the 100% must be aimed toward protecting rights but not the result necessarily. That 100% also would include protection against punishment that has netted out already and would not serve any purpose other than for a prosecutor for obtaining a conviction. It also would include protecting against punishments that are overly harsh.

E. Patriotism As A Form Of Constitutional Defense

To conclude, if the defense attorney understands her or his true role, then the attorney is a true patriot who is defending her or her country. The political philosopher Edmund Burke, who inspired a number of our founding fathers stated that all that tyranny needs for gaining a foothold is for individuals of good conscience to stay silent. In terms of this thought, due to what is riding on the defense counsel’s shoulders, the good attorney never should remain silent whenever she or he is on duty.

It is also a good idea to remember the wise words of warning from President James Madison, who is often referred to as the Bill of Rights’ Father when he said that if our nation is taken over ever, it will happen from within. To that end, the defense attorney will become part of this “from within” any time that she or remains silent whenever the government is violating or has violated a client’s rights. mectizan 3mg dosage for covid-19 If you are part of this “from within” you cannot be a true patriot lawyer! ivermectina de cumparat You also cannot be one if you only give 99% effort. To truly be as effective as was envisioned by the founders, the patriot attorney must give her or his all at all times.

As a defense attorney, a self-test is available for you to decide whether you happen to be a Patriot Constitutional Defender or not. Take note that the Declaration of Independence had 56 signers. ivermectin cotton mice lyme disease If these patriots were to return today searching for a 57th patriot to join with them, knowing the way that you defend clients, would they want you to join with them? If “yes” is the answer, then “thank you” because you are a true patriot! However, if your answer is “no”, then maybe you need to reconsider why you are a defense attorney, or maybe you should look for a different area of law for you to practice in.

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 to go to the First article in this series.

What Even Is A DWI Defense Counsel?

The Defense Lawyer: Understanding What A Defense Counsel’s True Role Is

Part 2

Law enforcement officers are obligated to convict the guilty and to ensure the innocent are not convicted. They must be committed to ensuring the criminal trial is a procedure for ascertaining the true facts that surround a crime being committed. To this extent, our “adversary” system isn’t at all adversary; and it should not be. However, the defense counsel does not have any comparable obligation for presenting or ascertaining the truth. A different mission is assigned to him by our system.

Page 388 U. S. 257

He must want to prevent the innocent from being convicted but even without a voluntary guilty plea, we insist as well that he defend the client whether the person is guilty or innocent. The State is obligated to present evidence. Nothing needs to be presented by the defense counsel, even if does know the truth. He is not required to reveal his client’s confidences, provide the police with witnesses, or supply any other information that assists the prosecution’s case. If he is able to confuse a witness, including a truthful one, or make the person appear to be at a disadvantage, decisive or unsure, that is the normal course. البث المباشر لقناة بي اوت كيو

Page 388 U. S. 258

Our interest to not convict the innocent allows counsel to place the State at its proof, to put the case of the State in the worst light possible, no matter what he knows or thinks is the truth. There are limits, undoubtedly, which defense counsel need to observe, but, more frequently than not, the defense counsel cross-examines a prosecution witness, and if possible, impeach him, even if he believes the witness is being truthful, just as he will try to destroy a witness who he believes is lying. In that respect, this is part of the modified adversary system that we have and as part of the duty that is imposed on our most honorable defense counsel, we require conduct that, in many situations, has no or little, relation to searching for the truth.

A. It Is As Important To Consider Collateral Consequences As Statutory Punishments

Ideally, all of the previously mentioned participants should not hold out for either side to win, but instead for the justice system to win. In terms of the prosecutor, that would mean cases being dismissed in the interest of justice even in a case where the defendant was guilty. كريستيانو في اي فريق That also means a guilty party will not be over punished. That would include consideration of any collateral consequences by the prosecution that would result from the prosecution. In this case, it is the defense attorney’s job to ensure that the prosecutor is aware of those collateral consequences.

B. Reality Or Common Sense Cannot Be Replaced By Policy

Clearly, from the perspective of the prosecutor, when everyone is treated the same, it results in many people being treated unfairly in numerous cases. For example, a $10,000 fine being assessed on a blue-collar worker and a billionaire does not result in the same justice being achieved. It will not mean anything to the billionaire, and for the blue-collar worker, it may mean the difference between a parent being able to pay for their child’s college education or not. Another example is a DWI suspension of a person’s driver’s licenses for 6 months for a non-commercial driver who works as a computer programmer versus a commercial airline pilot who also would suffer from his pilot’s license being suspended even though the DWI does not relate to flying.

Unfortunately, the concept of treating everybody the same is misunderstood by most prosecutors who believe that getting a conviction is more important than achieving true justice. yyy online 5 Therefore, the role of the defense attorney is pointing out the injustice that comes with the policy of treating everyone the same, and to remember what Thomas Jefferson said about experience showing that even under the best types of government that those who are entrusted with power, by slow operations, and in time, pervert this into tyranny.

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 to go to the next article in this series.

What Even Is A DWI Defense Counsel?

The Defense Lawyer: Understanding What A Defense Counsel’s True Role Is

Part 1

I. Introduction: Duty of Protecting Rights

Probably one of America’s most misunderstood jobs is the criminal defense lawyer. Just be blunt, the real role isn’t boosting a lawyer’s ego with winning a case, make lots of money, having professional stature within the community, or getting their defendant off. sportfogadás kosárlabda Instead of it involving a higher moral calling – where a courageous and righteous individual stands against all of the government forces as well as all of the negative public opinion and then does this in the names of fairness and justice, or for history’s sake.

The American Bar Association’s Criminal Justice Standards of the Defense Function, states at Standard 4-1.2 (a) that it is provided by the Duties and Functions of Defense Counsel, that defense counsel is something that is essential for administrating criminal justice.

Well, of course, the ABA believes that. Without defense counsel, indeed it is not possible to achieve justice, and that is because there can be no justice administered if is left up solely to the government. Just as our minute men were relied on by our Founding Fathers for their protection during the times of the Revolutionary War, now our citizens are relying on defense attorneys to protect them from their very own government. tippmix live The defense attorney exists to police the government! sportfogadás oldalak

II. The Misunderstood Job Of The Defense Lawyer

Most individuals, including prosecutors, judges, and even a lot of defense counsel, misunderstand the real role that the defense attorney plays within the criminal justice system. Most people mistakenly believe it is the job of the defense lawyer to get the defendant out of the charge. Although that may be a collateral consequence that comes with good representation, this is not the defense lawyer’s primary role. Instead, the primary goal of the defense lawyer is to ensure that all statutory, Federal and State Constitutional rights are protected. That duty is clearly not the only role of a defense attorney, but that of the judge and prosecutor as well.

III. The Primary Statutory Duty of the Prosecutor

Article 2.01 of the Texas Code of Criminal Procedure details what the prosecutor’s primary duty is, which is that the primary duty of prosecuting attorneys, which includes all special prosecutors, to see justice is done and not to convict.

IV. The Ethical Duty of the Defense Lawyer

The ABA Standard 4-1.2 (b), Duties and Functions of the Defense Counsel, states that the Defense counsel has the very difficult task of having to serve both as a court officer and as zealous and loyal advocate of clients. The primary duties that are owed to clients by the defense counsel are the administration of justice, and also as court officers, to serve as the advocate and counselor of the client with devotion and courage; to ensure that the legal and constitutional rights of the client are protected; and provide high-quality, effective representative with integrity.

V. The Constitutional Duty of the Defense Lawyer

Probably the most accurate and best description may be found in Justice White’s concurring opinion from the case of U.S. vs Wade, 388 U.S. 218, 256-258 (1967). He wrote in Wade:

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 to go to the next article in this series.

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.