Category: DWI Arrest

Arrested For A DWI? Here’s What To Do

5 Actions To Take After A DWI Arrest

If you have been arrested for driving under the influence, you may be wondering what to do next. Before you go to court, you should consider hiring a professional to represent you. They can help you to speak on your behalf in court and provide advice on whether or not to plead guilty. In addition, they can help you to post bail and schedule a DMV hearing.

1. Submit To A Chemical Test After The Arrest

If you are arrested for a DWI, it is important to know what your rights are before refusing to submit to a chemical test. Not taking the test can result in a temporary suspension of your license, or a hearing with the department of motor vehicles. Depending on the circumstances, the court may also decide to take your license away for up to 30 days.

The consequences of refusing to submit to a chemical test after a DWI arrest are serious. The refusal can lead to the loss of your driver’s license or even a criminal case. Additionally, a refusal can limit the evidence used against you. It is important to remember that you have the right to challenge your refusal to the police on a technicality.

If you refuse to submit to a chemical test after a DWI arrest, you can request a court order compelling the police to perform a blood-alcohol test on you. However, this can only be done after your arrest, and only after you’ve been transported to a police station or hospital.

There are many factors that go into a chemical test. First, the test must be administered in a private setting with a trained professional. The test must follow a specific procedure to avoid contamination and spoilage. You can also get a lawyer to review all the steps of the arrest and the data collected by the police.

If you refuse to submit to a chemical test after a DWI arrest, the results of the test will be used against you at trial. In addition to the possibility of a criminal conviction, refusal to take a chemical test can also lead to suspension of your driver’s license. However, the prosecution can also argue that you refused to take a test to cover up your intoxication.

2. Contact An Experienced DWI Attorney

If you’ve been arrested for driving under the influence, the first step you should take is to contact a DWI attorney. An experienced attorney can help you understand your rights and help you decide whether to go to trial or accept a plea bargain. There are many reasons to go to trial, and some people will have compelling reasons to opt for a plea bargain.

A DWI conviction can cost you your driving privileges, as well as your freedom. Not only is your freedom at stake, but also your professional life. A skilled attorney like Steven Hernandez can identify flaws in technical evidence to weaken the prosecution’s case.

A DWI arrest can be a frightening and confusing time. While it’s natural to be nervous and confused, it is also important to understand the legal process that follows an arrest. A court hearing called an arraignment will take place soon after a DWI arrest. At this hearing, the judge will read the charges against you and explain the penalties you face. Most traffic cases are resolved with plea bargains, but in a DWI case, the prosecutor cannot accept such an offer and will have to proceed with the case.

3. Post Bail

If you have been arrested for a DWI, you may be wondering how to get out of jail and post bail. You might be concerned about how much it will cost and whether or not you can afford it. A good DWI defense attorney can help make sure your bail amount is reasonable.

You can post bail in a variety of ways. First, you can give cash or property that has a cash value to the court. This money will secure your release and keep you out of jail until the trial date. It’s important to remember that if you don’t show up for court, your bail will be forfeited.

A second option for posting bail is called release on recognizance. This option doesn’t require money, but it does require a written statement to guarantee that you will appear in court on the date you agreed. You must also agree not to commit any crime until the court dates are set.

The amount of bail you can afford depends on the amount of your criminal history. If you are a repeat offender or have other serious criminal charges, the court will likely set a higher bail amount. The amount of your bail will depend on the criminal laws in your state and the rules of the court in your county.

4. Schedule A DMV Hearing

Once you have been arrested for DWI or DUI, you must schedule a DMV hearing as soon as possible. You can schedule a hearing as early as 30 days after your arrest. The hearing can be held anytime during October 2022. However, it’s important to know how to prepare for your hearing. If you fail to do so, you could face a license suspension.

A DMV hearing is different from a court trial. It does not deal with your guilt but rather with the circumstances surrounding your arrest. A DMV hearing can last anywhere from ten minutes to two hours, depending on the severity of the DWI case. Moreover, it is important to remember that the hearing officer is not a judge or a lawyer. In some cases, the hearing officer may be friendly and sympathetic, while others may be intimidating.

The hearings are not held in a courtroom but in a DMV office. The hearing officer is not a judge, but an employee of the DMV. He/she will have special training. During the hearing, the officer will consider the results of the breathalyzer test and the arresting officer’s observations of intoxication. Also, the officer will consider the results of the field sobriety tests performed by the driver.

The DMV hearing will decide whether you should be suspended or denied driving privileges. There are several administrative appeals available for certain circumstances. It’s important to contact an attorney if you’re concerned about the validity of your appeal. Your attorney will be able to advise you about the merits of your appeal and what you should expect. In any case, you need to take the DMV hearing seriously and follow all required procedures.

5. Get Ready For Arraignment

After a DWI arrest, you will be required to attend an arraignment. This will be your first court appearance. At this hearing, the judge will read the complaint against you and explain your rights under the law. You will be required to enter a plea of guilty or not guilty. A guilty plea will result in a sentencing hearing immediately, while a not-guilty plea will postpone your case until a later date. Fortunately, you can hire an attorney to represent you and ensure a good outcome in the courtroom.

If you have been arrested for DWI, the first step you should take is to seek the legal representation of a qualified DUI attorney. You can also ask the judge to appoint one for you. Hiring an attorney is important because the consequences of a DUI conviction can be serious.

Whether you are in custody or released from jail, you will have to attend an arraignment. It should occur as soon as possible after your arrest. If you are in custody, the court will likely send you a date for your arraignment within 48 hours. If you are not, it may take up to several weeks. The time frame for your arraignment depends partly on when the prosecutor files a charging document. This document can be an indictment, information, or criminal complaint.

A good defense attorney will be able to give you a variety of options for handling your case. One of these options is to plead not guilty. This will allow you time to discuss your options with your lawyer and weigh the evidence against you. It is important to remember that you can always plead guilty later, but a good attorney will be able to help you determine the best path forward.

We invite you to contact us or call us today if you need a help from an experienced DWI attorney. Visit our blog for more related articles.

Intoxication Manslaughter: All You Need to Know

What is Intoxication Manslaughter?

Intoxication Manslaughter with ordinary negligence is a criminal offense that involves a driver’s inattentiveness to the road and fatal consequences. The victim can be another driver or pedestrian. It requires “plain” negligence, meaning the defendant was inattentive to the road and distracted by something else. This can be anything from briefly checking a cell phone to following another driver too closely.

Why you should avoid Intoxication Manslaughter?

Intoxication manslaughter is a serious crime that can put a person behind bars. Prosecutors must prove that the person was driving under the influence of alcohol or drugs at the time of the accident. Because this type of crime is very serious, it is important to seek a strong defense against the accused.

DUI Guide Arrest in HoustonIntoxication manslaughter is different from manslaughter, a criminal offense where the person who caused the death had a culpable mental state. Intoxication manslaughter is a serious crime and the penalty for intoxication manslaughter can be up to 10 years in prison. The judge may also impose conditions for the person, such as not drinking alcohol and wearing a scram monitor.

An experienced intoxication manslaughter attorney can help you fight the charge and get the best possible outcome. Jim Butler has been a licensed attorney for almost 30 years and has helped his clients get out of jail, where they could have lost their jobs, licenses, or even their livelihoods, causing themselves and their families to suffer both financially and mentally.

Intoxication Manslaughter Consequences

Intoxication manslaughter is a crime that can result in the death of another person. It is a form of criminal negligence, and it occurs when someone is intoxicated while driving, and causes an accident. The death can be that of a passenger in the driver’s car or another person, or it can be caused by injuries sustained during the crash.

Intoxication manslaughter has a range of consequences, and the penalties can be harsh. The punishment for the crime depends on the circumstances, but it can include anywhere from five to a life sentence in prison. Prior intoxication manslaughter convictions will lead to more severe punishment.

Intoxication Manslaughter Penalties

If convicted, intoxication manslaughter penalties can be extremely severe. In some cases, the offender could spend as much as 10 years in a penitentiary. This is because intoxication manslaughter is considered to be a serious crime, and the police are looking for the most severe penalties they can impose.

In Texas, intoxication manslaughter is a second-degree felony. Penalties can range from two to twenty years in state prison, and in some cases, a fine of ten thousand dollars. These penalties can be severe, but you need to be aware of the penalties that you could face.

It is important to understand that intoxication manslaughter requires no proof of intent. The prosecution’s burden is to show that the offender was intoxicated when he or she operated a motor vehicle. To be considered “intoxicated”, the defendant must have a blood alcohol concentration of 0.08 percent or greater.

Ignition Interlock Requirements

California has recently passed legislation to make ignition interlock requirements mandatory for drivers convicted of DUI. The law will make the state the 26th to require it. According to Mothers Against Drunk Driving, the use of ignition interlock devices has stopped more than 1.77 million drunk drivers from driving.

To comply with this law, drivers must install an ignition interlock device in their vehicles. The ignition interlock device is an in-car breathalyzer that requires drivers to blow into a tube before they start their vehicles. If the driver’s alcohol concentration level exceeds a certain limit, the ignition interlock device will prevent the vehicle from starting.

The device costs around $75 to $150. However, a low-income program can reduce the cost by 50%. Additionally, the ignition interlock device requires a $50 calibration fee. These fees apply to each vehicle.

Working With A DWI Lawyer

If you’re facing intoxication manslaughter charges, it’s important to work with a skilled and experienced DWI attorney. These types of cases are very serious and involve complex legal issues. The district attorney’s office faces an uphill battle trying to secure a conviction. An experienced DWI lawyer will be able to make the best use of their knowledge of the law to help you win the case.

Intoxication manslaughter convictions can carry long-term consequences for defendants. These cases often require a felony conviction and can lead to fines, imprisonment, or civil litigation. Furthermore, these convictions may interfere with obtaining a job, renting a home, or holding a professional license. In addition, a felony conviction may prevent you from voting, sitting on a jury, or owning a firearm.

We invite you to contact us or call us today if you are in need of the best DWI Law Attorney. We’re here to help you! Visit our blog for more related articles.

Why You Should Refuse The Breathalyzer Test

Refusing To Blow During A DWI Arrest

When should you refuse to blow a breathalyzer? If you don’t agree with the test results, you can refuse to blow a breathalyzer at the precinct. If you refuse, you may have some arguments, such as a lack of scientific evidence. However, you can use good video footage to support your case.

What is a Breathalyzer?

If you were stopped for driving under the influence but refused to blow into a Breathalyzer, the officer can suspend your license for a year and a half. While refusal to blow into a breathalyzer does not indicate guilt, it does raise suspicion in the police and may lead them to arrest you sooner. Also, it gives the State evidence to use against you in court.

Although breathalyzers do not test for alcohol, they do detect many other chemicals that contain the methyl group. Some people may test positive for these chemicals without actually being drunk. Smokers, diabetics, and people who have recently painted may all test positive.

A refusal to blow into a breathalyzer during a DWI arrest can have ramifications, but it can also have benefits. If you have other evidence of intoxication, including bloodshot eyes, the smell of alcohol, impaired memory, and slurred speech, then a refusal to blow can make your defense stronger.

If you refuse to blow into a breathalyzer during a DWI arrest, you may end up with a suspended license and forced blood drawing. To avoid these problems, make sure you are clear about your refusal. Many states have a “No Refusal” law that prevents police from performing breathalyzer tests without consent. But this is not always the case. In some counties, refusing to blow during a DWI arrest is illegal, and you should consult your attorney before making a decision.

Can I refuse to blow?

If you have been stopped for a DWI arrest, you may wonder, “Can I refuse to blow during the arrest?” If you are under the influence of alcohol, you may be faced with the prospect of being convicted of a felony offense, which can carry severe penalties. In some cases, refusing to blow can lead to a forced blood draw and suspension of your license. Before you refuse to blow, make sure you’re making it clear that you don’t agree to have your license suspended.

Depending on the state of your state, you may not have any option but to blow into a breathalyzer. If you do so, your refusal will be disclosed to the jury in your case. While refusing to blow can lead to the arrest of your driver’s license and a warrant for a blood draw, it does not necessarily mean you’re guilty.

You have the right to appeal the decision. However, the appeal process is difficult and complicated. This is why it is important to contact a criminal defense lawyer who has experience fighting DWI cases. You may qualify for a hardship license or a pre-trial limited driving privilege, depending on the circumstances.

What are Standardized Field Sobriety Tests?

Field sobriety tests are designed to detect signs of intoxication and impairment, but they are not foolproof. Officers sometimes administer them to people who are too drunk to perform them correctly. Even with proper training, some individuals are still unable to perform these tests.

A common one is the Horizontal Gaze Nystagmus (HGN). This test is designed to detect involuntary eye movements. This movement is a symptom of alcohol consumption. The officer will look for jerking of the eyes.

Another type of field sobriety test is the walk and turn. This test is designed to determine how well an individual can follow instructions and maintain balance. The officer administering the test will watch for swaying, body tremors, and accuracy of the estimate.

Standardized Field Sobriety Test (SFST) results can be used as evidence in court. These tests are used in cases where the defendant is suspected of driving under the influence of alcohol or drugs. While some police agencies continue to use several FSTs, the majority of law enforcement agencies use a three-test battery of validated SFSTs. The NHTSA-approved battery of tests includes the Horizontal Gaze Nystagmus Test, Walk-and-Turn Test, and One-Leg Stand Test.

Can I refuse Field Sobriety Tests?

If you have been arrested for drunk driving, you may be asked to submit to field sobriety tests. Although you can decline to take these tests, it is best to be as polite as possible and do not engage in any confrontation. This will only escalate the situation. In addition to causing you to lose your license, refusing to take these tests can lead to suspicion and enhanced legal penalties.

One common test, called the one-leg stand, requires you to stand on one leg for 30 seconds. This can be difficult for most people, especially those with balance or health problems. Refusing these tests is not a guarantee of acquittal, but it may prevent you from losing your license.

The officer will observe your movements and look for signs of swaying and loss of balance. Moreover, he will pay close attention to the time it takes you to count to five or ten. If you spend too much time on counting, the officer will use this as evidence against you in court.

Can I refuse to give a Blood Sample?

If you are stopped for DWI and asked to provide a blood sample by police, you have the right to refuse the test. However, you have to make sure you understand the consequences of doing so. You can face additional penalties and lose your driving privileges if you refuse the test.

A refusal to take a breathalyzer test or blood sample is a serious crime. Depending on the circumstances, you may face a $1,000 fine, an ignition interlock device, and even jail time. Second and third offenses can carry even more severe consequences. Refusing a breathalyzer test does not make you guilty of DWI, but it gives the prosecution a reason to believe you were guilty.

While a blood test is more accurate than a breath test, it is entirely up to the arresting officer. Under the Fourth Amendment, a person cannot be punished for refusing to submit to a blood test without a warrant. Therefore, if you refuse a blood test, it is up to the officer to obtain a search warrant. In many cases, police officers will apply for a warrant to take a blood sample, which means you must submit to the blood draw.

Refusing to take a breath test can have serious consequences for your case, both in court and in the case after you’re released. It is critical to contact an attorney as soon as possible to protect your rights.

What is a Forced Blood Draw?

While many people may not be familiar with the concept of a “forcible blood draw,” the practice is illegal. The procedure requires that a police officer seize a person’s consent and perform a blood test on them. The police may then strap the person down or bring a nurse to the scene to draw blood. In recent years, however, a Supreme Court ruling has ruled that drawing blood against a person’s will is unconstitutional and a violation of their right to privacy. A warrant is usually necessary for this procedure, and getting one is not terribly difficult.

However, while a driver may be legally entitled to refuse a blood test, he or she may still be convicted of a DUI if he or she refuses to submit to a blood draw. In California, for example, drivers who refuse a blood test may be charged with DUI refusal. This means they will have their license suspended for a year, will not be able to obtain a restricted license for that year, and will likely face jail time.

The Fourth Amendment requires that a warrant is necessary for a blood test, but state law does not require one. In some cases, a warrant can be issued without a warrant. Forcible blood draws can also be performed without a warrant if the police are investigating the suspicion of a drunk driver. Nonetheless, it is essential that people who are accused of a DUI be properly represented by an attorney.

What happens with a DWI arrest?

Refusing to blow during a DWI arrest can have serious consequences. For one, a refusal to take a breathalyzer test means your license will be suspended for a year. You also will not qualify for a conditional license, which allows you limited driving privileges, and you can be fined hundreds of dollars. The best way to protect yourself is to contact a legal defense attorney.

An experienced DWI lawyer will look into the circumstances surrounding your arrest to provide you with the best defense. He understands the system and will aggressively protect your rights. Even if the police pretend to be your friends and try to convince you to blow, you cannot expect them to exonerate you.

The best way to avoid being arrested for a DWI is to refrain from drinking and driving. If you are stopped, cooperate with the officer and be polite. It’s also important to exercise your right to remain silent. Don’t let a DWI arrest ruin your life or your driving record.

Refusing to take a breathalyzer test can result in the suspension of your license and increased auto insurance premiums. In New York, a refusal to blow is considered a common law DWI and carries penalties that are more serious than those for the mildest DWI offense. If you don’t blow, you may also have to wait several months to get a new license.

Contact Butler Law Firm

Butler Law Firm is owned by Mr. Jim Butler, a highly experienced criminal law attorney. Mr. Butler will work hard to resolve your issue. If you want to find out more, then contact or call the Butler Law Firm today with any questions you have or if you’d like to schedule a free initial consultation.