Category: Drug Tests

Practical Ways On How To Pass The Houston Alcohol Assessment – Houston DWI Attorney

Tips From Our DWI Lawyer For Passing An Alcohol Assessment In Houston

Whenever you receive an alcohol-related offense, like a DUI, an alcohol assessment might be given. It typically involves both an in-person interview and physical drug screening. Your counselor might suggest rehabilitation or therapy from a couple of weeks to more than one year based on your assessment results. If you would like to increase the chances of being able to pass your assessment, you should stop all drug use and drinking as soon as you can, establish good references located near you, and show up to the assessment prepared, clean, and sober.

How To Pass The Substance Test

1. Stop Using All Drugs 2 Weeks At Least Before The Assessment

Even if your assessment is for alcohol abuse, you might also be tested for other drugs. It is critical to go into the assessment completely clean. A majority of drugs will leave your system in 2 weeks. However, there are others, like some depressants and marijuana that take longer when they are used frequently. william hill fogadóiroda It is best to stop any drug use as soon as an assessment has been ordered.

2. Stop Drinking Alcohol For One Full Day At Least Before Your Assessment Takes Place

The earlier that you stop drinking, the better. At the very minimum, stop drinking all alcohol 12 hours at least before the assessment to give it time to be eliminated from your system.

3. Avoid Detoxing From The Use Of Heavy Alcohol At Home

If you think that detoxing from alcohol is necessary, it is best to seek out professional help to guide you through this process. Quite often detoxing at home is unsuccessful and could even be dangerous in some situations. If cutting back or stopping drink leads to any physical symptoms like tremors, you might be chemically dependent on alcohol. If you are concerned about experiencing withdrawal or if in the past you experienced this when you reduced your drinking, then you might need to get professional help before you can pass an assessment.

4. Do Not Consume Anything That Can Cause A False Positive

Decongestants (ephedrine) and poppy seed are two consumed substances that can commonly create false positive with certain drug tests. In order to play it safe, avoid consuming those things for a couple of days at least before having your assessment. Also, it is a good idea to take written documentation with you for any medications you are currently taking.

If you think the results are false, ask for a second opinion.

It is unlikely, however, in certain situations, your substance test might not be accurate. Some states will allow you to ask for an independent second opinion. However, you might have to pay for it to be done.

How To Answer Questions At The Assessment

1. Review Samples Questions Online Ahead Of Time

It can be useful to have a good idea of what you can expect when going in for an assessment. There are several online alcohol assessment self-evaluation quizzes that are available. nyerőgépes játék ingyen Take a couple and prepare answers for some of the more likely questions.

Most likely the questions will focus on the circumstances and frequency of your drinking, the effects your drinking has on those you are close to and your obligations and your alcohol use history.

2. Consult With A Lawyer Prior To The Assessment

Speaking to a lawyer who is experienced with alcohol assessments before going in is a good idea. They can provide guidance on what you can expect and the best way to answer these questions. Most states offer online directories for legal services providing free counsel if you are unable to afford to hire a lawyer.

3. Figure Out Who Your References Are And Speak To Them In Advance

In a majority of alcohol assessments, 2 or 3 individuals who are close to you are interviewed about your general conduct and alcohol use. Choose individuals who know you very well and who can provide a positive honest account. If they were involved with any situations that led up to the assessment, be sure you agree with the details.

Sometimes, the contacts are chosen for you. They will most likely be people close to you in your social life, home, or work.

4. Give Straight-forward, Brief Answers

You might be tempted to give really elaborate answers to questions you are being asked. However, the fewer details that you provide, the better. When your answers are brief, it will also make the assessment progress more quickly.

5. Be Honest

Stretching the truth or lying during an alcohol assessment might make your situation much worse if it is discovered. Dishonesty is considered to be a strong indication of substance abuse and won’t make the assessment turn in your favor.

In the long run, it is best for you and those close to you, for you to be honest about the relationship you have with alcohol and get help if you really need it.

How To Make A Good Impression

1. Stop Drinking As Quickly As Possible

Even if the assessment will not be taking place for several weeks or days after you have been initially sentenced, it is still a good idea to stop drinking or significantly cut back until the assessment is complete. If you drink, do it at home. Counselors, judges, and other professionals who are involved with your case might find out if you drink in public excessively.

2. Show Up To The Assessment On Time

That will demonstrate that you are responsible and also show respect for the individuals who are part of the assessment. Check to make sure you know when your assessment is taking place, allow yourself plenty of time to arrive without having to rush.

3. Gather Up Any Necessary Documents Prior To The Assessment

You will be informed of the documents that you need to provide at the assessment. That can include offense-related documents like probation papers, incident reports, driving records, and tickets.

4. Wear Professional, Clean Clothes To The Assessment

Although it isn’t necessary to wear a suit and tie, it is very important to wear appropriate clothing to an assessment. Be sure to wear something modest that is free of tears, wrinkles, and stains. magyar kaszino online

Good choices are a knee-length skirt or slacks and a button-up shirt.

5. Be Respectful To Everybody You Interact With At The Assessment

You might think having to go through with the assessment is unfair, or it might be inconvenient for you. However, you will achieve the best results if you act respectful and polite. Be professional and positive, and treat everybody courteously that you speak to during your assessment.

Never give up the fight to clear your name, Contact or call us with any questions or to set up a legal meeting today.

DUI Lawyer Covers The 6 Things To Do If You Were Stopped For DUI In Houston Tx

Important Steps To Follow If You Are Stopped For Driving Under The Influence (DUI)

Driving under the influence is a serious offense that can see your driver’s license revoked, or even worse, land you in prison. While you shouldn’t drink and drive, you definitely need to know how to defend yourself or take measures to avoid making the case worse if stopped for DUI. hu|tippmix kalkulator Outlined below are a few tips and steps to take when stopped as a suspect for DUI.

1. Remain Quiet And Calm If You Were Stopped For A DUI

Remember the officer that pulled you over can arrest and even take you to jail if you are abusive or disrespectful. To avoid embarrassing yourself or landing in jail, say as little as you are required. magyar online sportfogadás Remaining calm and quiet will even show how cooperative you were should it be on tape.

2. Do As The Officer Asks

The officer of the law may ask for license and registration, proof of insurance, and even ask you to step out of the car. While you should do as asked, you don’t have to take a field sobriety test or answer some of their questions. sportfogadás kosárlabda

3. Sobriety Test

Field sobriety tests are designed as a trap to make you fail. For this reason, try not to take any of it. While this may probably land you in jail for a couple of hours or days, the arresting officer cannot use the results against you in court.

4. The Breather Test

Refusing to take the breath test could lead to the suspension of your driver’s license. If you, however, have been drinking, it is probably best to avoid the test and lawyer up. Having a good DUI lawyer Houston TX can, however, help beat the case, and have the license reinstated.

5. Refuse A Blood Test If No Warrant Is Produced If You Were Stopped For A DUI

You don’t have to submit to a blood test even on ‘no refusal’ weekends. The arresting officer will have to provide an order for you to take the test. This could give you some time for alcohol levels to dip before the test is done. In addition to this, a good DUI lawyer Houston TX may be able to suppress the results in a court of law.

6. Call Butler Law firm DUI Lawyer Houston TX Services

Refusing to take the field sobriety test, blood test, and breathe test will most likely land you in jail. You’ll, therefore, have to call your attorney to brief him/her on the ‘incident’. The lawyer will then take matters and represent you in court. He/she will also be able to challenge the suspension of your license before 15 days expire.

Whether you were drunk or simply decided you don’t want to take these tests, being charged for DUI can be expensive or even land you in jail. Regardless of your status, you’ll need to lawyer up to fight the case or have the charges reduced to what you can afford. Either way, you can avoid all the stress and drama by taking a cab or even having a designated driver should you drink too much. Preventing the problem is much better than fighting for your freedom in a cell.

For more information on DUI’s check out our blog or call us for immediate assistance at (713) 236-8744

Supreme Court Rules Breathalyzer Tests Can Be Made Mandatory

Hire The Best Lawyers In Houston If You’ve Been Charged With A DUI Or DWI

Are you worried about what happens if you are stopped by the police while driving while under the influence? The best lawyers in Houston provide answers to some of the most common questions asked about DUIs in Texas and in Houston, in particular.

Breathalyzer or Blood Test?

According to a U.S. Supreme Court decision, any law enforcement officer may require a driver suspected of driving while intoxicated to submit to a breathalyzer after they are arrested. sportfogadás bónusz befizetés nélkül If the officer wants a blood test, they must have a warrant. The Supreme Court determined that warrantless breathalyzer tests were admissible which means if you are pulled over and suspected of DUI, you can be required to take a breathalyzer. You may refuse, but if you do, expect to be taken to jail.

Police cannot ask you to submit to a blood test without first getting a warrant. This is the result of a 5-3 Supreme Court decision in Birchfield vs. North Dakota. This was a consolidated case heard by the court involving defendant’s rights. The cases involved defendants being threatened with prosecution because they refused to take a breathalyzer test or submit to a blood test without a warrant. The Court determined that there is a difference between a breathalyzer test and a blood test and that a warrant is required for a blood test.

Rationale For The Decision

The Supreme Court ruled that a blood test is an invasive procedure and a breathalyzer test is not. The Court considered the value of each of these tests and their use to law enforcement and determined that under the Fourth Amendment to the Constitution, a warrant is necessary before law enforcement can administer a blood test. The breathalyzer test, on the other hand, may be required without a warrant. arbitrázs sportfogadás

Justice Alito wrote for the majority. In his opinion essay, he explained that the court recognized that blood tests were much more intrusive than breath tests. He went on to say that in most cases, a breathalyzer test amply serves the interest of law enforcement. The justices, therefore, concluded that in most cases, a breathalyzer test would suffice and there was no need for a warrant. Should law enforcement feel they need a blood test to determine the level of alcohol in the blood, they must have enough probable cause to convince a judge to sign a warrant for the blood test.

Your Rights During A Traffic Stop

Butler Law Firm | Houston DWI AttorneyIf you are pulled over for a DWI or a DUI in Houston, you do have the right to refuse a breathalyzer. The law enforcement officer has the right to require you to take the breathalyzer and if you refuse, you will be subject to some pretty significant penalties. Under Texas law, you could have you could your license for a minimum of 180 days up to two years. sportfogadás újság megjelenése Without a warrant, however, no law enforcement officer can make you take a blood test. Even if you refuse, if there is no warrant, under both federal and Texas law, you are not subject to other penalties.

If law enforcement requires you to take a breathalyzer test and you do refuse a breathalyzer test or if you fail a test, Texas law allows you to request a hearing. The best lawyers in Houston will be happy to represent you during this hearing. Our lawyers are experienced in defending individuals against DUI and DWI offenses and can help protect your rights. Always remember, even if you are arrested for driving while intoxicated, you still have certain rights.

We Can Help

The best lawyers in Houston for defending against DUI or DWI charges are ready to help you. They are skilled and experienced in this area of the law and will be right by your side throughout the entire legal process. Call Butler Law Firm today to learn your options and protect your rights.

What You Can Expect From Rejecting a DUI Breathalyzer Test

The Consequences of Refusing a DUI Breathalyzer Test

If you have only had a small amount of alcohol, or if you did not even drink and feel as if you are being treated unfairly by the officer, it may be tempting to refuse to submit to a DUI test. That being said, it is crucial that you understand the possible consequences, and advantages, of refusing to submit to a blood-alcohol test. It is best to consult an experienced DUI attorney, to ask specific questions on the subject of the law in your state, and how the state treats a refusal to submit to a DUI test.

Implied Consent Laws and DUI

Generally speaking, everyone has the right to remain silent, and no one can actually be forced to give testimony against themselves. However, DUI law is a bit different due to implied consent laws. نيتلر Implied consent laws are rules in certain states which require that you submit to certain sobriety or breath tests, or be subject to additional penalties. The theory is that as you make the choice to drive on a public roadway, you have already consented to the driving while intoxicated rules. Whether you are told by the officer or not, it is your right to refuse to submit to any kind of sobriety test, and this includes breathalyzers. Your refusal can, however, have various additional consequences. Depending on the DUI laws in your state, the extent of said consequences will vary, however, most will involve additional penalties.

Remaining Silent During a DUI Arrest

You should, under general constitutional theories have the right to remain silent, invoking this right should not be used against you. The exception to their constitutional theory is DUI law. Most states allow for prosecutors and juries to make inferences about the decision taken to refuse any sobriety tests. It is expressly provided by several state statutes that refusal to take a breath test can be used at trial against a defendant. It is actually one of the few times in which a prosecutor is allowed to comment on the right of the defendant to remain silent.

Choosing to Take a Sobriety Test or Breath Test

It is difficult to make the decision of taking a sobriety test or breath test. Most states do not allow for everything to be put on hold until you call and consult your attorney. Generally, when you inform an officer that until you have talked with your attorney, you will not take a sobriety test, this invocation of your right to counsel is considered a refusal of their breath or sobriety test. You are the one who has to make the decision of whether or not to submit to the breath test on your own. If you are stumbling because you are drunk, submitting to any kind of sobriety test will simply garner further evidence against you because you’re probably going to get arrested anyway. In this situation, unless you are required by law, you may want to refuse all breath or sobriety tests. On the other hand, if you do not think, or are certain that you are not intoxicated, you may want to consider submitting to the sobriety or breath test.

Taking Field Sobriety Tests

Most sobriety tests will be in the form of FSTs (field sobriety tests). FSTs require that you stand as well as walk in front of a camera. This is to demonstrate whether you are able to control your body. سباق السيارات If you perform well during these terms they are evidenced that can be persuasive to a jury to prove you were not intoxicated, even if you have had some drinks. A performance on FSTs that is good, can result in a reduction of charges via a plea bargain, and can potentially get a not guilty verdict at trial, even if the result of the breath or blood test are against you.

If you make the decision to not take the sobriety test or breath test, bare in mind that many states have started adopting mandatory blood draws. What this means is that despite the fact that you did not consent to provide a blood sample for testing, an officer is able to transport you to a local hospital where they will draw a sample of blood. Usually, mandatory blood draws are for cases when there is an accident involving a repeat offender.

Getting Help

Field sobriety tests, sobriety tests, and breath tests go against most people’s major constitutional grain.   Unfortunately, just about every court has upheld these as being legal. The one chance you have at avoiding a sobriety is test is knowing when you can avoid them, or avoid any situation that will cause you to drink and drive to begin with. انخيل هيرنانديز If you are curious as to what other penalties you might be facing when refusing a breathalyzer in Texas, calling our Houston drunk driving attorney at (713) 236-8744. Jim will help you to learn more about the specific DUI penalties in the state of Texas.

Possibly Facing DUI Charges and Their Ties to Marijuana

Marijuana Legalization Is Affecting How Police Determine DUI Charges

Driving under the influence, abbreviated DUI, is a widespread issue that affects people around the world. Drug usage can impair one’s judgment, slow down reaction times, cause memory loss as well as a host of other symptoms that make driving under the influence dangerous. Every state in the United States has laws that ban motorists from driving if their blood alcohol concentration (BAC) is at a level above 0.08 percent.

Alcohol-related offenses are the most common types of DUI that a Houston drug lawyer sees; however, there are other DUI offenses as well. As more and more states decriminalize and legalize marijuana, there is a rising concern about marijuana-related DUI offenses. Police and law enforcement officials are currently trying to determine how to handle this type of driving under the influence offense in lieu of the standard BAC test.

Expanded Legalization of Marijuana

Marijuana also called weed or cannabis, is both a stimulant and depressant. Marijuana can be used for medical purposes and recreational purposes. Medical marijuana can help patients by reducing pain levels, improving appetite and preventing nausea. Recreational users use marijuana to experience a mild euphoria due to the physiological and psychoactive effects of cannabis.

Over the last several years, numerous states have passed laws legalizing or decriminalizing the use of marijuana for medical purposes as well as recreational purposes. هازارد 2023 Four states have completely legalized marijuana. Another eight states have legalized marijuana for medical use. Another eleven states have decriminalized and made medical marijuana legal. Finally, five states have only decriminalized marijuana.

As a result of the decriminalizing and legalizing legislation, police departments, including New Canaan, Connecticut have experienced a rise in the number of marijuana-related DUI offenses over the last year.

Driving Under the Influence of Marijuana

Butler Law Firm | DUI in Houston TexasStudies have shown that alcohol can significantly impact a motorist’s ability to operate a motor vehicle. Marijuana also impairs a driver’s ability to drive. One study found that marijuana reduces the peripheral vision of a user and gives them tunnel vision. THC, the psychoactive constituent in marijuana causes motorists to weave more while driving.

Additionally, combining alcohol with marijuana increased the effects of both substances. Drivers began to weave at lower levels of intoxication when both substances were used as compared to those who only used one substance. Furthermore, alcohol increases the absorption level of THC, which causes a stronger high from the marijuana.

Legal Actions and Police Actions

Currently, seventeen states have enacted “per se” laws which prohibit motorists from operating a motor vehicle if they have a certain level of THC in their system. The remaining states have standards that are less defined in how the police will handle driving under the influence of marijuana.

Alcohol intoxication is easier to determine through the administration of a BAC test. With marijuana, it is more difficult. مواقع تقبل الدفع paypal في مصر Some police departments are using drug recognition experts that examine a motorist on the scene to determine whether they are too high to operate a motor vehicle.

As marijuana usage continues to rise due to the decriminalization and legalization of marijuana, police agencies are working to determine how to keep the roadways safe from those under the influence of either drugs or alcohol. روليت اون لاين

Police Roadside Drug Tests can put innocent people behind bars by giving False-Positive results.

Butler Law Firm | Drug Tests in Houston TexasPolice Roadside Drug Tests can give false results.

For quite a number of these people, what occurs next can be a nightmare, with broken families, lost jobs, and years in prison. جريزمان Even the defendants that finally get acquitted will have by then sunk tens of thousands of dollars in legal fees. Here’s where it gets heart-breaking: According to a recent investigation, a lot of these arrests police roadside drug tests never should have occurred.

The investigation discovered that police roadside drug tests, which authorities may use to determine unknown materials discovered in the vehicles of the defendants, typically generate false positives. غريزمان To put it differently, that fleck of washing detergent in the back seat of your vehicle might erroneously be flagged as crack-cocaine.

The investigation also dug up false positive charges from authorities all over the country:
In Las Vegas, a sampling of cocaine field tests that ran between 2010 and 2013 was re-examined by authorities and discovered that 33% of their total were false-positives. Information in the Florida Department of Law Enforcement laboratory system reveal that 21% of signs that authorities had recorded as crystal meth wasn’t crystal meth, and half of the false positives weren’t any type of substance that is prohibited in any way. In a different example, 300 people convicted and detained in Houston were reviewed. Of their total, 74% didn’t have any drugs at the time of their arrests.

The evaluation kits, which cost about $2 each, are usually made up of a plastic bag containing vials that have reactive substances into which the sample is set. Although their use is supposed to be straightforward, it can be easy to get it wrong. A number of the compounds the evaluations used as an example, react with drugs that are prohibited but can additionally produce positives for the acne medicine Methadone, and also for lots of common household cleansers. Other evaluation kits require multiple steps that policemen occasionally perform in the wrong sequence.  Even in the event that the evaluations are performed accurately, problems can be raised in the deciphering of the outcomes.

When Did These Roadside Drug Tests  Become A Viable Form Of Evidence?

These industry assessments were launched in the early 1970’s, but by 1978 the Justice Department had established that they should perhaps not be employed for evidential functions. Nevertheless they still often are, and the implications of a false result can follow defendants their entire lives.

Of the 300 individuals erroneously convicted in Houston, over half pleaded guilty at their very first court hearing. For a lot of them, their plea was a result of the urging of their lawyers who centered their guidance, at least in part on the basis of the false results. عاوز العاب النت 75-percent of them continue to live with convictions on their records, some so long as 1-3 years. That may mean trouble finding a home or a job, the lack of voting rights, as well as other limitations.

Have you recently received a roadside drug charge and were wrongfully arrested?  Give the lawyers at the Butler Law Firm a call for a free consultation at (713) 236-8744