Category: DWI Charge

Butler Law Firm - The Houston DWI Lawyer

Why You Need A DWI Attorney

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

A conviction for a DUI can have significant consequences for your finances, family life, career, and more. That’s why it’s so important to find an experienced DWI attorney who will fight for your rights and freedoms.

A good lawyer can help you to minimize these impacts while ensuring that your driving record is clean. But how do you know which one to hire?

How A DWI Attorney Can Help?

If you have been charged with a DUI, you need an experienced DWI lawyer who understands the unique details of New York drunk driving cases. A lawyer can help you to fight for your freedom and reputation, and also make sure that any time spent in jail does not tarnish your record or career prospects in the future.

The law can be confusing, so it’s a good idea to speak with a DWI lawyer as soon as possible. They’ll be able to explain your case, the likely consequences of your offense, and how to get the best results in court.

A DWI charge carries serious penalties, including fines, license revocation, jail time, probation, and increased insurance costs. Additionally, if you are convicted of a second or third DWI, you could face even more severe charges.

One of the first steps a DWI attorney will take is to work with you on a plea bargain. This allows the lawyer to negotiate with prosecutors for alternatives to jail, such as alcohol treatment programs, community service, and even lesser penalties than you might otherwise face.

Your attorney will also review the evidence against you, which can be overwhelming and complex. For example, if you are accused of failing field sobriety tests, your attorney will know how to challenge the accuracy of the test.

Lastly, your attorney will work to get your charges dropped completely, or at least reduce them to reckless driving instead of DWI. This may be the right decision for you, particularly if it means that you won’t have to face a conviction or the harshest penalties.

Should I Hire a DWI Lawyer?

If you have been arrested for DWI, then you likely have questions about the situation. It is important to understand that there are a number of things that can be done in order to help you get through this difficult time.

If possible, it is always best to hire a lawyer after an arrest for DWI because they are well-versed in the law and can help you make sense of your legal options. In addition, they will know what kind of defenses to pursue so that you can avoid a conviction.

A conviction for driving while intoxicated will have long-term consequences. It can impact your job prospects, professional licenses, and insurance rates. It may also negatively impact your personal reputation and affect your social life.

It can be very expensive to hire a lawyer if you have been charged with a DUI. Fortunately, there are some things that you can do to lower the cost of your legal fees.

First, make sure that you are hiring a reputable lawyer. Look for one that has a strong reputation in this field and who has a proven track record of success with DWI cases.

Next, visit their website or blog and see if they have any testimonials from past clients. Ideally, you want to see a variety of different case outcomes, such as acquittals and dismissals.

Finally, it is a good idea to ask the attorney to meet you in person. Meeting face-to-face is a great way to get a better feel for how they work and what their personalities are like.

What Happens If You Don’t Hire A DUI Attorney?

If you are caught driving under the influence of drugs or alcohol, you could be facing a serious charge that can carry with it hefty fines and jail time. This is why it is crucial to hire a DUI attorney.

A good lawyer will be familiar with the local courts and know how to work with the prosecution on your behalf. This can help you to get your case dismissed or reduced to a less serious offense.

Another reason to hire a lawyer is that they can help you to fight the evidence against you. For example, if the police officer who stopped you had no legal grounds to do so and your field sobriety test was invalid, you may be able to have it thrown out of court.

In addition, you might also be able to challenge the accuracy of blood alcohol tests. If the results were inaccurate, you can have them thrown out of court as well.

You should hire a DUI lawyer before your case goes to trial so that they can help you prepare for the trial. This can ensure that you have the best chance of winning your case.

If you lose your case, it can have a long-lasting impact on your life. This includes things like jail time, lost driving privileges, and even damage to your current or future career opportunities.

While it is possible to beat a DUI without an attorney, it is important to remember that the consequences of losing your case can be severe. This is why it is critical to hire an experienced attorney who can help you fight the charges against you.

Can Lawyers Help You To Dismiss Your DWI Charge?

A DWI conviction can be devastating, affecting every aspect of your life. It can result in a fine, license suspension, and even incarceration. It can also have a significant impact on your auto insurance rates and your ability to find employment in the future.

A seasoned DWI attorney can help you to navigate the legal system and build a defense for your case. He or she will examine all aspects of your arrest and will look for any errors made by law enforcement or the State.

DWI attorneys can also challenge the accuracy of a breath test taken by police officers and argue that you were not legally impaired when you were arrested. They can also look at the results of a blood test, and they may be able to show that your BAC has naturally increased over time or that you were asleep in a vehicle while it was stopped.

In addition to these ways to have a DWI charge dismissed, attorneys can use several other tactics to fight your case. They can challenge the State’s burden of proof, which is a high standard for prosecutors to meet.

This standard means that the prosecution must be able to prove that you are guilty “beyond a reasonable doubt.” That’s why you must be represented by an experienced lawyer who can create a strong case for your defense.

A good DWI lawyer will be able to identify these and other weaknesses in the State’s case, and they will fight to have your charges dropped. In some cases, the charge can even be reduced or removed altogether.

How Much Does DWI Lawyer Cost?

If you are arrested for a DUI or any other driving offense, you can expect to pay fines, court fees, and other costs. The amount of your fine depends on the severity of the charge and state law.

Your fine may be a one-time payment, or you can be required to pay it over several years. In addition, you will be required to complete a traffic school or treatment program.

Some states also require that you attend a hearing to challenge your license suspension. These hearings can cost anywhere from $375 to $500, depending on the state.

Other costs include posting bail, DMV fees, increased insurance rates, a driver responsibility assessment fee, alcohol abuse screenings, and other expenses. You may also have to pay for the installation of an ignition interlock device.

A DWI is a serious criminal charge that can have long-term consequences on your life. It can impact your ability to get a job, your immigration status, your driver’s license and car insurance rates, your ability to adopt a child or become a firefighter, your travel plans, and more.

As a result, many people who are facing DUI charges are hesitant to hire an attorney. However, hiring a qualified lawyer can help you to avoid costly penalties and avoid the potential of incarceration.

Generally, DUI lawyers charge a flat fee to provide pre-trial legal representation and an additional flat fee for representing their clients at trial. This fee is based on the attorney’s estimate of the amount of time and effort it will take to represent you.

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

Tips For Avoiding A DUI In Houston

How Can A DWI Charge Be Dropped?

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

What Is DWI In Texas?

DWI stands for Driving While Intoxicated and is a serious offense in Texas. The penalties can range from heavy fines to jail time and even prison, depending on the blood alcohol content (BAC) of the driver.

DWI is a common problem in Texas and other parts of the country. According to statistics, more than one million people are arrested every year for DWI.

While most of these drivers are men, women are also at risk of getting arrested for DWI. If you are pulled over for a DWI, you may be asked to submit to a preliminary alcohol screening test.

These tests are often performed by breathalyzer devices and require a person to blow into the device. Many drivers assume that the state’s implied consent law applies to these tests, but this is not necessarily true.

If you have been charged with DWI, the first thing that you need to do is to consult with an experienced attorney who can help you to determine your legal options. They will be able to assist you in making a plan to defend yourself and reduce the charges against you.

Another thing you need to do is make sure that you have the proper documentation on hand for your attorney. This will allow them to build the strongest defense for you.

The court will want to see a letter from the police department, an official traffic report, a medical examiner’s report, and the results of a blood or urine test. These documents will show whether the officer was able to find evidence of impairment or intoxication.

Once a judge finds that the arresting officer did not have probable cause, your case will be dismissed and you will not be convicted of DWI. If you have been charged with DWI in Texas, contact an attorney to learn more about your options.

Getting DWI Charges Dismissed

Getting DWI charges dismissed is a goal of many defendants. But the probability of achieving this goal depends on several factors.

Generally speaking, a conviction for a DWI can result in severe consequences such as jail time, fines, and even the use of an ignition interlock device on your vehicle.

Lack Of Reasonable Suspicion

One way to get DWI charges dismissed is to argue that the officer did not have a valid reason to stop you. This can happen for a variety of reasons, from vehicle issues to a simple speeding ticket.

For example, if an officer sees a driver weaving in and out of traffic lanes, going erratically, or disregarding stop signs, there may be reasonable suspicion that the driver is drunk. However, an officer cannot make an arrest based on this suspicion alone.

This is because police officers are required to have probable cause before they can arrest someone. This is a much higher standard than reasonable suspicion and it can be difficult to meet.

The good news is that your criminal defense lawyer can use the lack of reasonable suspicion as a reason to have any evidence suppressed, or kept out of court. This will prevent the prosecutor from being able to use any evidence gathered after your unlawful traffic stop, which could potentially lead to a dismissal of your DWI case.

A common argument that we use in our DWI defense cases is the so-called “pretext stop.” This happens when an officer pulls a person over for a traffic violation, such as speeding or failing to signal a turn, only to find drugs. The courts have approved these types of pretext stops, but they must have an objectively reasonable basis for doing so.

In this case, the police officer had a hunch that the driver was drunk when he saw him leave a bar and pull into the parking lot. He followed him for a mile, and when he noticed the defendant had cocaine strapped to his back, he pulled him over.

Unlawfully Obtained Evidence

If you were charged with a DUI in Texas, you may be able to get it dismissed. This could happen for several reasons, including if the arresting officer made a mistake, the breath test results were inaccurate, or there was an error in the way the evidence was collected.

The best way to get your DUI charges thrown out is to contact a qualified criminal defense lawyer like Neal Davis who will evaluate your case and identify any possible problems with the prosecution’s evidence. He has experience examining insufficient evidence, Fourth Amendment violations, and procedural errors in order to obtain a dismissal for his clients.

Prosecutors often rely on illegally obtained evidence to build their case against an accused individual, and this type of incriminating evidence can be suppressed in trial by a skilled attorney. The evidence can include physical evidence, a confession, or even a cell phone record of a person’s voicemail messages.

Unlawfully obtained evidence is more common in drug cases, as police officers often seize drugs and other property without a warrant or probable cause. A defense attorney can challenge this evidence by filing a motion to suppress, and then negotiate with the prosecutor for a reduction or dismissal of the charges.

Another type of illegally obtained evidence that can lead to a dismissal of DWI charges is if the initial traffic stop was unlawful. If an officer pulls a driver over on a public highway without reasonable suspicion, they cannot collect any evidence after that initial stop.

The court in this case ruled that the initial traffic stop was unlawful, so the prosecutor’s evidence could be suppressed. This means that the prosecutor’s case would be weakened to the point where they could never secure a conviction on the charges.

Chain Of Custody Errors

When it comes to criminal cases, evidence plays an integral role in the prosecution’s ability to prove guilt beyond a reasonable doubt. This means that it must be properly handled from the time it’s collected by police until it’s presented in court.

The chain of custody is a process that ensures that the evidence in a case hasn’t been altered, tampered with, or planted. If a piece of evidence isn’t in proper custody, it can lead to a judge ruling it inadmissible and dismissing the case entirely.

To properly handle the chain of custody, law enforcement officers must follow certain procedures to ensure that they can prove where the evidence came from and how it was handled before it was used in court. These procedures include properly labeling, keeping records, and storing them in an untainted and safe manner.

If you believe that your case is impacted by a chain of custody error, it’s essential to hire an experienced attorney to fight for your rights. This will give your lawyer a better chance at establishing that your case is based on faulty evidence, and can ultimately help you get charges dismissed.

Chain of custody errors can occur at any point during the collection, handling, and testing of evidence. This includes mistakes made when law enforcement officers take physical samples, such as blood or saliva, to a lab for testing. These mistakes can be a result of mishandling, improper storage, or lost or misplaced evidence.

Breathalyzer Testing Mistakes

If you are facing a DUI charge in Houston, it is important to know that there are several ways to get the charges dismissed. One of the most common ways to do this is by showing that a police officer made a mistake when administering your breath test.

While the Breathalyzer is a sophisticated piece of technology that is designed to be accurate, there are many outside factors and errors in an administration that can affect its results. This can result in a false positive or a false negative.

Another problem is that these devices are prone to mechanical errors. They must be serviced regularly and the sensors must be calibrated carefully. A machine that is not calibrated will produce inaccurate results.

In addition, a device that is used too frequently can also skew the results of a breath test. This is because the fuel cell, which measures the amount of alcohol in the person’s system, will degrade over time.

This can make the device register higher levels of alcohol on the breath than it should. This could lead to an unjustified arrest and a wrongful conviction.

Furthermore, a device that has been left in a hot car or exposed to other temperatures can also inflate the results of a breath test. This can be particularly dangerous for drivers who are under the influence of medications that affect the body’s temperature, such as insulin or glucagon.

If you are facing a DUI in Houston, it is vital to consult with an experienced attorney to find out if there are any issues with your breath test. The right lawyer will be able to challenge the accuracy of your results and possibly get them removed from consideration in court.

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

DUI Guide Arrest in Houston

DUI & DWI: What’s The Difference?

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

DUI & DWI Differences

Getting a DUI or DWI is a criminal offense that can have a serious impact on your life. In this article, we will discuss the differences between the two offenses and the penalties you can expect to receive.

Depending on the jurisdiction, the difference between DUI and DWI can be quite significant. Each impaired driving charge has its own unique legal defense and penalties.

Both DUI and DWI are serious crimes. They can result in penalties such as jail time, fines, license suspensions, and community service. They can also result in damage to your driving record. The penalties vary based on the location of the offense, the number of offenses, and the type of impaired driving.

Both DUI and DWI can be charged when a person is impaired by alcohol or drugs. In the US, each state regulates DUI and DWI penalties. Depending on the state, penalties can range from a small fine to a large fine, jail time, and license suspension. The damage to your driving record can also vary from state to state.

A DWI is usually a more serious offense than a DUI. If you are convicted of a DWI, you will need to install an engine interlock device in your car for at least one year. The device acts as a breathalyzer.

There are many states that use both terms interchangeably. However, there are several states that make a distinction between DUI and DWI.

One of the states that makes a distinction between the two in New Jersey. The state uses a minor distinction between the two. The difference between DUI and DWI is that DUI is a less-detailed offense.

Some states do not require breathalyzers for DUI charges. Other states may pursue charges at blood alcohol levels as low as 0.01%.

New York, on the other hand, treats DUI and DWI as one charge. This may be because the two terms are often used in everyday language.

DWI & DUI Similarities

Often, the terms DUI and DWI are used interchangeably. However, the two terms actually mean different things. Each term is a serious offense and comes with legal and financial consequences. The terms have different meanings in different states, but they both relate to driving while impaired.

DUI is a criminal offense that involves driving a motor vehicle while impaired by alcohol or drugs. In addition to alcohol, drugs such as prescription medications, over-the-counter drugs, and recreational drugs can cause impairment. Depending on the state, you may be charged with a DUI or a DWI.

The difference between DUI and DWI is that a DWI is typically a more serious offense. In addition to losing your license, you could face jail time, a higher insurance premium, and other legal penalties. The term DUI is generally used to refer to driving while impaired by drugs.

If you’ve been accused of DUI, you’ve probably been told to attend a DUI class, undergo a substance-use evaluation, and perhaps take part in a residential treatment facility. These are all good steps, but the best thing you can do is to have a lawyer represent you.

However, there are subtle differences between DUI and DWI. For instance, a DUI is often only awarded to older drivers. Similarly, the law in some states calls for a BAC of 0.08% or less. In other states, such as Utah, a BAC over 0.05 percent will result in a DUI charge.

In some states, the law requires the use of an ignition interlock device. This device prevents a vehicle from starting if the driver is under the influence of drugs or alcohol. In some states, the law requiring an ignition interlock device is only required for first-time DUI offenders.

DWI & DUI Penalties

Depending on the state, there are many DWI and DUI penalties. These can include jail time, fines, license suspension, community service, and more. The penalties will vary depending on the severity of the crime and the number of offenses committed.

First offenses are generally misdemeanors, and the penalties can range from 30 days to a year in jail. For a second offense, the penalties will be much harsher. These include a minimum one-year license suspension and a one-year ignition interlock device requirement.

For a third offense, the penalties can range from a year in jail to a year of probation. A DUI conviction can have a negative impact on a person’s employment, transportation, and background checks. Having a DUI conviction on your record can also raise your insurance rates by 71%.

In addition, penalties can include the mandatory revocation of your driver’s license. First offenders may have their license suspended for 10 months. The fine for a first offense is $1,099, and the fine for a second offense can be up to $2,600.

First offenders may have to install an ignition interlock device in their car. This device prevents the car from starting if a person has a blood alcohol content above the legal limit. A first-time DUI/DWI offender may be sentenced to 30 days to 4 months in jail and may have his or her driver’s license suspended for up to 10 months.

Depending on the circumstances of the crime, a person charged with driving while intoxicated may be required to attend the Intoxicated Driver Resource Center. A second offense will lead to a minimum of two days in jail. If the offense involves a serious injury, the penalties can be heightened.

DWI & DUI Law

Having a DUI or DWI conviction on your record can have an impact on your life. It can also affect your insurance rates. In addition, penalties can range depending on the state. Depending on the severity of your offense, the consequences can be serious.

A DUI charge usually involves driving while under the influence of alcohol or another substance. It also means that the driver endangered someone else.

If you have been charged with a DUI, you may be required to complete community service or attend a DUI education class. You may also be required to pay fines and have your license suspended. Depending on the state, you may also be required to participate in an ignition interlock device program, which is designed to prevent you from driving with a blood alcohol content (BAC) above a certain level.

In New York, there are different penalties for DWIs and DWAIs. DWAIs are less severe offenses than DWIs, but they can still be serious offenses if someone is killed or injured in an accident.

If you are convicted of a DWAI, you can have your license suspended for up to six months. You may also have to pay fines up to $1,000 and go to jail.

Both DUI and DWI are serious offenses that can have a major impact on your life. It is best to contact an experienced DWI and DUI attorney as soon as possible.

DWI & DUI: Which Is Worse?

Despite their similarities, the legal consequences of a DUI and a DWI are far apart. The penalties can vary significantly depending on the laws of the state you live in, and even from state to state.

If you have been charged with a DUI, it is recommended that you hire a lawyer to help you navigate the legal system. The penalties can vary from a fine to a suspended license to a loss of car insurance. The legal consequences of DUI can have a lasting impact on your life, so it is important to find a qualified attorney.

A DUI is a charge that is based on the driver’s blood alcohol content (BAC). The minimum BAC for most states is 0.08%. A DUI charge can also be based on the driver’s behavior. Some states may charge a DUI with a BAC as low as 0.01%, depending on the driver’s age.

There are many acronyms that are used in court to describe different aspects of impaired driving. The acronyms that are used most often are DUI and DWAI. They are also used as an umbrella term for driving while intoxicated.

A DUI can also mean driving under the influence of drugs, prescription medications, or recreational drugs. A DWAI, on the other hand, is the same as a DUI, but it refers to driving under the influence of alcohol.

The most important difference between a DUI and a DWAI is that a DUI is a more serious charge than a DWAI. In most states, a DUI is a criminal offense, while a DWAI is a traffic violation. A DUI charge is also a legal offense, which means that you will have to pay fines and legal fees to the court. A DWAI is usually less severe than a DUI, but the legal consequences may still be significant.

Contact us or call us today if you need a help from an experienced DWI/DUI lawyer. Visit our blog for more related articles.

DUI Helpful Ideas in Houston - Butler Law Firm - The Houston DWI Lawyer

Serious Effects Of DWI/DUI On Your Life

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

DUI/DWI Consequences

Having a DUI or a DWI can have very serious consequences on your life, both personally and professionally. These consequences can be long-term or short-term, depending on the severity of your offense. However, there are steps that you can take to reduce the negative consequences of a DUI or DWI offense.

CDL Drivers

Using a commercial vehicle while driving under the influence (DUI) is a serious offense. Even operating a personal vehicle under the influence of alcohol (DUI-A) can result in serious consequences, including the loss of your CDL. If you have been charged with a DUI, you should consult a skilled local DUI attorney for advice and protect your rights.

In New York, there are specific penalties for DWI offenses. The penalties vary according to the severity of the crime and the frequency of the crime. For example, a first-time DWI conviction will result in a license suspension of at least 90 days, but this is not the same as a CDL revocation.

In New York, there are specific laws concerning the use of your CDL while operating a commercial vehicle. If you are convicted of driving while intoxicated per se (DWI-PS), you will have your CDL suspended for one year. This is in addition to the regular suspension period.

The law in New York is also pretty tough on those who refuse to take a chemical test. The result is a $550 fine and an 18-month suspension of your license.

Furthering Your Education

Getting a DUI/DWI conviction will not only affect your driving privileges but can also have long-term consequences that will affect your college career. Some schools will strip you of housing rights and remove you from sports teams.

Having a DWI/DWI conviction can also negatively affect your financial future. In some cases, you will not be able to get federal or private loans, and you may be denied access to other funding sources. Having a DWI/DWI can also hurt your ability to get a job.

College is a great place to learn new things. Making mistakes is part of the learning process. But, a DUI/DWI conviction can have unexpected consequences that can be devastating to your future.

You may be required to attend an alcohol abuse treatment program, participate in an alcohol awareness group, and/or complete community service. These programs are designed to help you recognize the dangers of alcohol and other drugs, and to take responsibility for your actions.

Furthering your education for DUI/DWI consequences can also include a standardized Intervention class, which is a 32-hour class that lasts seven weeks. This class will help you determine if you need treatment for your alcohol and drug addiction.

New Jobs

Getting a new job after a DUI or DWI is not always easy. Not only will a DUI or DWI result in lost wages and the inability to work, but you may also face a suspension of your driver’s license or other disciplinary actions. Fortunately, many companies now have stricter hiring policies to avoid hiring individuals with criminal backgrounds.

While there are no guarantees, a reputable employer will at least be willing to make an exception. A good rule of thumb is to do your research and know your local laws. You should also look into the company’s rehabilitative program to see if it has been court-mandated.

The best way to find new jobs after a DUI or DWI is to be smart about it. Even if the employer doesn’t ask for it, make sure to mention a rehabilitative program in your resume.

Although you are not likely to get hired for your dream job if you have a DUI or DWI on your record, you may still find employment in your community. For instance, some companies that participate in The Fair Chance Business Pledge will give you the chance to apply for a job.

Missing Work

Getting arrested for a DUI can have a negative impact on your career. Although it is certainly not a given that you will lose your job after being convicted of a DUI, there are steps you can take to minimize the impact. One of the first things you should do is inform your references of your pending arrest.

It is important to note that you may not be able to use your driver’s license after your DUI conviction. This can be a significant setback, especially if you rely on your car for transportation. You may be eligible for a work release program, but this can cost you a service fee in addition to the cost of a DUI class.

You may be surprised to learn that there are more than a few employers that don’t even allow convicted drunk drivers to apply for jobs. The best way to avoid this unfortunate situation is to keep a clear and concise driving record. It’s also important to note that a DUI conviction won’t automatically get you the best insurance rates.

Professional Licenses

Licensed healthcare professionals with a DUI/DWI conviction are at risk of losing their licenses. This can have a negative impact on their jobs, Medical approval and driving privileges.

In New York State, the Medical Board of New York has taken a variety of disciplinary actions against medical professionals who have committed DWI/DWI. These actions have ranged from public letters of reprimand to six-year probation.

The Department of Health, on the other hand, views licensed healthcare professionals with a DUI/DWI arrest as a risk to the public. It will investigate the arrest and take disciplinary action against the doctor.

The Board of Medical Examiners conducts a thorough background screening on healthcare professionals. This includes checking with State Police and the Federal Bureau of Investigation. The results of the screening are reported to the licensing board.

In most cases, professional licensing boards require members to report any criminal convictions and arrests. Failure to report can result in disciplinary action.

Whether you are facing criminal charges or are a convicted professional, you should speak with an attorney right away. A qualified attorney will help you through the process and protect your professional license.

Diversion Programs

Depending on your jurisdiction, there are a number of diversion programs for DUI/DWI consequences. Some are designed to help offenders get treatment while others focus on rehabilitation. You should consult with an experienced DUI defense attorney to find out which program is right for you.

First-offender programs require offenders to stay abstinent from alcohol for a specified period. This is intended to help offenders avoid jail and other penalties while still being able to obtain a driver’s license. However, completion of these programs does not erase the DUI conviction.

Some states also require offenders to undergo an alcohol assessment. The assessment can help prosecutors determine the best sentence for the offender. Depending on the assessment’s findings, the penalties may be lessened or eliminated.

Typically, diversion programs for DUI/DWI consequences require participants to complete alcohol and drug rehabilitation programs, pay fines, and perform community service. This process may also include random testing to ensure abstinence.

Those who successfully complete these programs may be given the option of installing an ignition interlock device. They may also be required to pay restitution to the victim.

Mandatory Firing

Whether you are a professional or a student, a DUI/DWI conviction can have severe consequences on your job. It can affect your license, your ability to obtain a new job, and even your career.

First off, a DUI/DWI conviction can cause your license to be revoked. This means you cannot drive a vehicle to work or school. It also means that your insurer will likely cancel your insurance. This can make it hard to pay for your car and get to work.

Convictions are usually followed by probation or a DUI educational program. This can include community service, abstaining from alcohol or drugs, or attending an Alcoholics Anonymous meeting. Depending on the type of job, it may be required that you attend these meetings for a period of time to continue your career.

A DUI/DWI conviction can affect your ability to get a mortgage. Mortgage lenders will see gaps in your employment history and can deny your application based on missed work time.

Your employer’s official Code of Conduct can also affect your employment. For example, a professor who is arrested for DUI will reflect badly on the university. This is why it is a good idea to check the code of conduct in your current or potential employer before applying for a job.

Driving To Work

Having a DUI/DWI conviction can have negative ramifications for you when it comes to driving to work. It can affect your job search, career, and even your insurance rates.

A DUI is a criminal charge that can result in jail time and/or fines. It may also cause your license to be suspended. In some cases, you may have to install an ignition interlock device in your vehicle. These devices help prevent your car from starting if your blood alcohol content is above a certain level.

DUI/DWI consequences vary by state. Some states have very strict DUI laws. They may confiscate your car or even revoke your license. They may also impose jail time and community service for a DUI conviction. If you are charged with a DUI, you should consult an experienced criminal defense attorney.

Many states have stricter laws for DUI and DWAI convictions than for first-offense DWIs. Several states also impose mandatory jail time for DUI. This means that you could face up to a year in jail if you are convicted of a DUI.

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

Finding An Experienced DWI Lawyer

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

3 Simple Ways To Hire A Capable DWI Attorney

If you or a loved one has been arrested for driving under the influence, it is essential to seek the legal help of an Experienced DWI Attorney. Each arrest involves unique legal issues. An experienced attorney will know what to look for and how to resolve them. They also understand the importance of maintaining confidentiality during a case.

The first step in finding an experienced DWI attorney is to find out how long they have been practicing. Asking around will also give you a sense of how experienced the attorney is. Ask how many DUI cases they have tried and won, as well as how many cases they have dismissed. Ask about their total cost of representation, too. Keep in mind that not every DUI case is the same, and it is important to find a reasonable cost before you hire an attorney.

Moreover, try to find out the nature of their personality. A good bedside manner is important since DUI attorneys handle sensitive and private situations. Some lawyers may be extremely formal, while others may be more personable. A good bedside manner and personal chemistry can make a stressful situation much easier.

You should also find out if the attorney will charge you a flat rate or charge an hourly rate. An hourly rate can add up to a lot of money. Also, make sure that the DUI attorney offers payment plans, which can help you afford the fee.

1. Obtain Recommendations

A great way to find a reputable DUI lawyer is to ask for referrals from people who have used the services of a DUI attorney in the past. These people will have knowledge about the entire process, whether they won their case or got it dismissed, and what the total cost was. A recent law school graduate may have only a few cases, but his or her experience is essential to your case.

An experienced attorney will be able to guide you through the legal process from beginning to end. He or she will need your case facts and evidence and will want to discuss their strategy with you. It is a good idea to take a pen and paper to the consultation so that you can take notes. You will be presented with a great deal of information during your initial consultation, so making notes on what you learned is crucial. Also, make sure to remember any recommendations made by the attorney.

An experienced DWI attorney will know how to approach the case from all angles. Even though most cases do not go to a jury trial, it is vital to hire a lawyer who knows the ins and outs of the criminal justice system. A skilled attorney will know how to challenge the validity of chemical tests in court and how to successfully defend his or her client.

2. Research Attorneys

If you’ve been arrested for a DWI, it’s vital that you find a lawyer with a proven track record. A DWI can affect your life for years. It can cause you to lose your job and create additional legal issues. Also, your insurance company will keep a record of your arrest and conviction for three years. A good DWI attorney can help you avoid these problems by defending your rights.

Before hiring a DUI attorney, you should consider the fees they charge. Depending on the nature of your case, DUI lawyers may charge a flat fee for their services or may require an upfront retainer payment. This fee should be listed in the representation contract. Retainer fees are a good way to negotiate payment plans if you’re concerned about your financial circumstances.

You can start your research by performing a basic Google search. This will yield a large number of results. However, beware of paid listings, which may not be indicative of a lawyer’s experience. Check for credentials as well, such as memberships in professional organizations, relevant board certifications, and awards. A good DUI attorney should have the necessary experience to effectively represent you and your case.

3. Interview Candidates

When selecting a DWI attorney, it is imperative to find someone with experience handling your specific situation. Often, the best way to gauge the suitability of a potential DWI attorney is through his or her client references. These references should be able to attest to the quality of the attorney’s courtroom skills and his or her success rate in pleading guilty. Additionally, you may wish to check with other attorneys in the area to find out the names of reputable DUI attorneys in your area. Once you’ve done so, you’ll be able to interview several of these lawyers to find one that matches your needs.

When interviewing candidates, make sure to bring a list of questions prepared before the interview. This way, you can record the answers or jot down notes. Be sure to ask about their education, experience, and training. Also, don’t forget to ask about their past and current DUI cases, as this will help you gauge their level of responsiveness.

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

DUI Law Texas - Butler Law Firm - The Houston DWI Lawyer

How A DWI Attorney Can Help You

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

6 Things Your DWI Attorney Can Do For You

A DWI attorney can help you if you have been charged with a DWI crime. They can help you identify your defenses, understand the law and procedures, and explain your options. They can also help you if you’ve been accused of driving under the influence of prescription or illegal drugs.

1. Identify Your Defenses

If you are accused of DUI, the first step is to find a lawyer who is experienced in defending DWI cases. A DWI lawyer should be familiar with your state’s laws as well as the defenses that you may be entitled to. They should also know how to attack the government’s case. A good DWI attorney will use both science and law to combat the government’s case.

While many lawyers have experience in the field of DUI defense, some are more experienced than others. Hiring an attorney with experience is essential for a positive outcome. They understand the laws and procedures in your state and can communicate with other legal professionals on your behalf. Furthermore, they can practice in your area, which is essential if you are charged with a DUI.

An experienced DWI attorney will carefully investigate the circumstances of your arrest and look into the evidence against you. For example, the police may have not had probable cause to stop you, or the tests they administered were not valid. Those types of defenses can cause key pieces of evidence to be ruled inadmissible. In this way, the prosecutor’s case will be weakened.

A qualified DWI attorney should be accredited by a national organization. This accreditation means that the lawyer has had at least 25 percent of his or her practice focused on DUI defense in Texas. They should also have a track record and references from other attorneys.

2. Understand The Law & Procedures

If you’ve been arrested for a DWI, you need a lawyer who understands the law and procedures that go into these cases. Most DWI arrests occur during traffic stops, sobriety checkpoints, and traffic accidents. Each scenario presents its own unique legal challenges, and a DWI attorney can explore these issues and try to minimize or dismiss your charges.

A DWI attorney in Texas can help you navigate this process. The National Highway Traffic Safety Administration has established determinants for detecting drunk drivers. These determinants are used by police officers to determine whether to pull over a driver and establish probable cause. If law enforcement failed to follow these determinants in your case, a DWI attorney can fight for you.

Understanding the law and procedures of a DWI attorney is essential to a favorable outcome. DWI charges can be emotionally draining, and a skilled DWI attorney can help you navigate this difficult situation. He or she should explain complicated legal terms to you in simple terms. They should also return phone calls promptly.

3. Explain Your Options

Hiring a DWI attorney is an important step in getting the best outcome for your case. You should make sure that the attorney you choose understands all of the possible options, including your defenses, as well as how the court system works. An experienced DWI attorney should be able to thoroughly explain these options and help you understand how your case will be handled.

When you are charged with a DWI, it is important to hire an attorney who understands your constitutional rights. You have the right to counsel and a fair trial, and you have the right to call witnesses in your defense and cross-examine police witnesses. Furthermore, you have the right not to be arrested without reasonable suspicion. Hiring an attorney who knows these rights will be able to fight for you in court.

Hiring a DWI attorney will give you a sense of comfort and confidence during a difficult time. They have handled many similar cases and will guide you through the entire process. They are also familiar with all of the players involved in your case. They will know everything about the officer’s background and disciplinary record, and whether he or she had the legal authority to administer the field sobriety test.

If you are looking for an attorney to represent you in a DWI case, you should look for someone who specializes in DUI law. There are attorneys who dabble in DUI defense but lack the knowledge, experience, and connection to the courts. The lawyer you hire should have a positive reputation with past clients. They should also be honest with you about the potential outcome of your case.

4. Enter Into A Plea Agreement

If you are facing a DWI charge, you need to consider entering into a plea bargain with a DWI attorney. These types of agreements are less harsh than regular court proceedings and can result in reduced fines, jail time, and even a criminal record. However, you still have to face penalties like a suspended license. A qualified DWI attorney will have the knowledge and experience to fight your case.

When negotiating with the prosecutor, remember that the Supreme Court has established specific guidelines for plea bargains. These guidelines set limits on what a prosecutor can agree to. A plea agreement is a great way to reduce the charges and get your case resolved quickly.

In most cases, a plea bargain involves the prosecution and defense lawyer negotiating a favorable outcome for the defendant. In exchange for a reduced sentence, the defendant enters a guilty or no contest plea. However, the prosecutor can choose to decline the plea bargain. When a plea bargain is reached, the judge must approve the agreement before it can be implemented.

A plea bargain involves the defendant pleading guilty to a lesser charge and dropping the more serious charge. This is a legally binding agreement that is usually reached when neither party is willing to risk a trial. A DWI attorney with experience in the plea bargain process can help you achieve the best possible outcome.

5. Retain Experts

Hiring a DWI attorney is a good investment. Aside from their legal expertise, you will also gain peace of mind. DUI cases are often stressful and can leave you feeling uncertain and unsure about how to proceed. Hiring a professional can give you peace of mind that will make the costs of the case worth it.

6. Conduct Your Trial

If you are facing a DWI charge, it is important that you conduct your trial with a DWI attorney. During this stage, the prosecution will have to prove certain elements of your charge beyond a reasonable doubt. An experienced attorney can help you cross-examine police officers involved in your arrest and call expert witnesses if necessary.

An attorney will also fight for your rights. Your Fourth Amendment rights protect you from unreasonable searches and seizures. This means that if you were pulled over for DWI, the officer must have had a legitimate reason to stop you. For example, the officer may have pulled you over because you were swerving. However, if the officer pulled you over because you were drunk, your attorney will be able to file a Motion to Suppress the evidence against you.

Arrests for DWI generally occur in traffic stops, sobriety checkpoints, or traffic accidents. Each scenario poses its own legal challenges and a skilled lawyer can research and address these challenges. Traffic stops usually result in a police officer pulling over a driver and questioning them about their behavior. In a sobriety checkpoint, the police officer orders the driver to pull over, where they then place the driver under arrest.

Your DWI lawyer can identify defenses in your case and collect evidence that supports those defenses. He or she can also argue pre-trial motions that can reduce your charges.

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.

DUI Guide Arrest in Houston

Driver’s License Suspension Following A DWI Arrest

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

4 Options For A Suspended Driver’s License

If you are concerned that your license may be suspended, you have several options. You can ask for a review of your arrest online. This will prevent your license from being suspended. Also, you can ask to have your license reinstated if you have not been convicted of driving under the influence.

1. Provisional License After A DWI

If you’ve been arrested for DWI, it’s important to know your options. You may be eligible for a provisional license, which you must carry with you until your case has been resolved. This type of license will allow you to drive and operate a vehicle for up to six months. You will also have to attend alcohol dependence counseling sessions. These sessions are separate from the mandatory DWI program and must be completed within a certain amount of time after the arrest.

Generally, you will have to wait for at least 30 days before applying for a provisional license. This will depend on the severity of the DWI case. First-time offenders can expect to lose their license for six months, while repeat offenders can face a longer suspension.

You may also have to go through a DWI defense process to get your license reinstated. There are several steps involved, and a legal professional can guide you through the process. The DPS will not suspend your license if the prosecution dismisses the case. In addition, you may be able to get a limited driving license after a DWI conviction. An attorney can help you understand the reinstatement process and what your rights are during the revocation period.

2. Provisional License Approval

If you have been arrested for driving under the influence of alcohol, a provisional license may be available for you. These licenses are typically valid for six months to a year. However, they come with a few strings attached. For example, you will be required to use a certified copy of your order when you drive, and you will also have to go through alcohol dependence counseling.

After your arrest, you may be required to attend a hearing to request your license. These hearings are unrelated to the criminal court process, and you will need to prove that you have a good reason for the suspension. The State of Texas prefers to use a sworn affidavit from the arresting officer.

If you have a valid reason to drive, you must explain this in the petition. Once you submit it, a court clerk will schedule a hearing with an ALR judge. During the hearing, the judge will review your driving history and determine whether or not you are eligible for a license. You will also need to show proof of insurance, if necessary.

3. Provisional License Requirements

Provisional license requirements after a DWI charge can be complicated. First of all, the suspension period will vary depending on your BAC level and whether you were driving with a child in the vehicle. If you refuse to submit to a chemical test, your suspension will be longer. Also, you may have to spend at least one-year drug-free before you can get your license back. You may also have to install an ignition interlock device in your vehicle.

Usually, after a DWI arrest, you must wait 30 days to get a provisional license. During this time, you can still drive, but only for essential purposes. To do this, you need to file a petition with the court clerk. The court will then schedule a special hearing. The judge will take into account your driving record and other criteria. In addition, you will have to show proof of insurance.

If you have a DWI arrest, the police may take away your driver’s license. They may also suspend it if you refuse a breath test, or have reasonable suspicion or probable cause to believe that you are driving while under the influence of alcohol. However, the police will still give you a temporary license. This temporary license is valid for ten days and allows you to drive anywhere, anytime.

4. Hiring A DWI Attorney

Hiring A DWI attorney after a DUI arrest is an essential step toward defending yourself in court. DUI arrests are extremely stressful situations, and many suspects are overwhelmed by the potential consequences. Hiring a skilled attorney can help you fight the charges against you, and minimize the impact on your life.

An attorney can help you prepare a strong defense against a DUI charge by gathering all of the information about the arrest and the circumstances surrounding it. The attorney will also analyze possible DUI defenses. The attorney will then represent you in court and present arguments on your behalf. In addition, an attorney can help you arbitrate between other parties involved in the case.

Hiring a DWI attorney after a DWI arrest is an essential first step when dealing with a DUI charge in New York. These charges are serious and can have lasting effects on your life. In addition to facing financial penalties, you could even face jail time if you are convicted of driving under the influence.

We also invite you to contact us or call us if you need the best DWI Law Attorney. Visit our blog for more related articles.

Best Houston DWI Lawyer - Harris County DUI Attorney - Drinking And Driving Houston

Why You Should Stop Driving While Impaired

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

Penalties For Impaired Driving

There are penalties for driving under the influence of alcohol. The penalties for impaired driving vary depending on the nature of the offense and any criminal history. Minors under the age of 18 who have a blood-alcohol concentration of over 0.08 percent can also be arrested for impaired driving. Other impairments that can be grounds for an impaired driving charge include failure to wear corrective lenses and sleep deprivation.

DWI First Offense

If you have been arrested for a DWI First Offense, you are likely facing serious collateral consequences. Depending on the nature of the crime, you could face jail time, a hefty fine, or both. Luckily, there are ways to negotiate your DWI First Offense penalties.

Penalties for impaired driving can range anywhere from a few weeks in jail to several years in prison. Your first offense could also carry a mandatory ignition interlock device. This device will keep your car from starting or stopping if you get caught driving under the influence of alcohol. In Texas, you will also need to undergo alcohol treatment or get a DUI class in order to avoid getting behind the wheel.

The penalties for a DWI First Offense vary by state, but in most cases, a first-offense DUI will result in a jail sentence of up to six months. Additionally, you may be ordered to take alcohol and drug education classes and may be required to install an ignition interlock device on your vehicle. If you are found guilty, you may also be required to pay a court fine of $500 to $1300 and take court-ordered DUI classes. You may also lose your license for a year.

If you have a child in the car, you can face additional consequences. A DUI with a child in the car may result in a felony charge and you could be sentenced to six months to two years in jail. In addition, your license will be suspended and you will have to install an ignition interlock device for two years.

DWI Second Offense

A DWI (Driving While Intoxicated) charge can be a serious offense. It can carry fines up to $1,000 and jail time, depending on the severity of the offense. In most cases, you can get away with a first offense, but a second offense can be much worse. In addition to fines and jail time, you may also have to undergo a state-mandated education program.

A second DUI offense is considered a misdemeanor. The punishment will vary by state, but in most states, you can expect to spend between five days and a year in jail. In addition to jail time, you may have to pay a large fine, participate in community service, and attend alcohol education classes.

Depending on the state, you can also face different penalties for DWI and DWAI. Penalties can vary based on the type of impaired driving, whether it was the first time or the second, and the blood-alcohol content. A DWAI conviction can carry a jail term of up to six months, but it is not as serious as a DWI.

After a DWI arrest, your license will be suspended for at least one year. During that time, you will have to use a breath alcohol ignition interlock device. This device is placed on your vehicle and will measure the amount of alcohol in your breath before it starts. It will also test you every few hours and stop your car from starting if your blood alcohol level is above a certain limit. The device will also report this information to the probation office.

A second DWI conviction within ten years can result in a license suspension, up to six months of probation, and up to 30 days of jail. In addition to the license suspension, a second DWI conviction will also result in a one-year revocation. If you have a prior conviction, you may also be required to take a drug or alcohol rehabilitation program.

DWI Third Offense

A third offense for DWI while driving impaired can be a very serious offense. The third offense is a felony and can carry a sentence of two to ten years in state prison. However, a person can request probation if this is their first time. The DMV can also deny you your driver’s license if you’ve had two or more prior DWI convictions.

In addition to the mandatory jail sentence and the fines, a third offense of DWI while driving impaired can result in a fine of $10,000 and no driver’s license. The judge will consider the Grossly Aggravating Factor when determining the severity of the sentence. As a result, it is vital that you seek legal representation as soon as possible.

If you have been arrested for DUI and are facing a third conviction, you must hire a DWI attorney to defend you. A good attorney will take the time to investigate your case and prepare a solid defense. A third conviction may result in mandatory alcohol education classes or the installation of an ignition interlock device.

The length of time between arrests is another factor that can influence the outcome of a case. In some cases, a third offense can result in a full prosecution. The length of time between arrests can also affect the legal defense you’ll get.

DWI Offense With A Child Passenger

A conviction for DWI with a child passenger can have serious consequences. It can affect your ability to get a job, affect your child custody, and impact your divorce settlement. It may also affect your ability to obtain federal financial aid. For some professionals, such as pilots, doctors, and nurses, a DUI with a child passenger could result in losing your job. It may also prevent you from becoming a Notary Public.

A first-time DWI with a child passenger is classified as a misdemeanor, carrying a maximum of one year in jail and up to $1,000 in fines. The conviction may also result in a license suspension or ignition interlock device. In some states, the first-time offender can get a felony charge. Depending on the state, the offender can face anywhere from one to four years in prison, a $1,000 to $5,000 fine, and up to one year of license revocation.

If you are arrested for a DWI with a child passenger, the prosecutor will file a report with Child Protective Services (CPS). This report may have repercussions for shared custody agreements. If the district attorney’s office cannot find a family member to care for your child after the arrest, they will take the child into custody.

In Texas, a DWI with a child passenger is a more serious crime. The penalties are far more serious than those associated with a first DWI without a child passenger. In Texas, a DWI to spark a child passenger case can result in a felony. As a matter of fact, the Texas Department of Family and Protective Services may even attempt to take the child away from the parent. In addition to losing custody of the child, a DWI with a child passenger can rob a parent of certain rights and eligibility for government benefits.

Driving With An Open Container

In some states, driving with an open container of alcohol is against the law. However, there are exceptions to this rule. For example, a person in the passenger seat with an open beer can may be fined if he or she is driving while intoxicated. In some states, alcohol consumption is legal in cars with a driver’s license; however, alcohol consumption in cars is still illegal if a passenger is intoxicated.

Driving With an Open Container – Penalties for Impaired Driving is a misdemeanor and is punishable by fines and jail time. In some states, driving with an open container can lead to a DUI charge if the driver has a blood alcohol concentration of.08% or higher. In other jurisdictions, driving with an open container can result in a misdemeanor, which is punishable by up to six months in jail.

Open Container laws differ in each state, but most states make it illegal for drivers and passengers to have open alcohol or marijuana while driving. While the fines for open container violations are generally small (around $100) and do not carry a criminal record, they are still serious violations that may result in jail time. Nevertheless, drivers and passengers alike should follow these rules to avoid getting into trouble with the law.

Penalties for impaired driving for driving with an open container are significant. In some states, an open alcohol container law is enforced only on public roads. It does not apply to cars parked in garages. To be in violation of the open container law, an open container must be in some way open – a bottle, can, or glass – and the driver must stay below the 0.08 percent blood alcohol level in order to avoid arrest.

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.

Arrested In Houston For Drinking And Driving - Butler Law Firm

Why You Must Submit To A Breathalyzer Test

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

Consequences Of Refusing A Breathalyzer Test

There are a number of consequences that follow a refusal to take a breathalyzer test. Firstly, if you refuse to take the test, you will be charged with common law DWI, which carries with it the same punishments as registering a BAC of 0.08 percent or more. However, in many situations, refusing to take the test can work to your advantage, as you may only face a lesser charge such as DWAI or even no charge.

Civil Revocation Of Your Driver’s License

Refusing to take a breathalyzer test is a serious offense. If you are found guilty, your license will likely be suspended for at least a year. You may also face fines of hundreds of dollars. Fortunately, you can contest the revocation.

A refusal hearing at the Department of Motor Vehicles can result in a one-year license suspension and a $750 driver responsibility assessment fee. You should consider retaining the services of an attorney if you are facing a refusal hearing.

Many options are available to challenge your license’s revocation for refusing a breathalyzer test. First, you can request a Due Process hearing. Moreover, you can cross-examine the police officer to find out his side of the story.

Refusing to take a breathalyzer test is an offense under the common law DWI law in New York. In addition to a six-month license revocation, you could be facing jail time. The penalties for this offense are significantly higher than for the least serious DWI offense, which is a traffic infraction.

Refusing to take a breathalyzer test in New York is punishable under SS 1194(2) of the New York State Vehicle Law. Moreover, you can still be prosecuted even if you do not live in New York.

Losing You Drivers License For 1 Year

The consequences are severe if you are caught driving drunk and refuse to take a breathalyzer test. You will not only face a 30-day suspension, but you could also face a 120-day license suspension from the Department of Motor Vehicles. In addition, you’ll face a substantial fine.

Refusing a breathalyzer test will have negative consequences, but if you have a valid medical reason, the consequences can be mitigated. For example, you may have a medical condition that interferes with the accuracy of the test results. In these cases, an alternative chemical test may be used instead.

Refusing a breathalyzer test can also lead to jail time. In some states, refusing a breathalyzer test can land you in jail for three days. If you are under the age of 21, you may end up facing a mandatory 72-hour alcohol and drug treatment program.

Refusing a breathalyzer test can also lead to DUI or DWI charges. Depending on your circumstances, this can result in a substantial fine, a suspended license, and even jail time.

Refusing a breathalyzer test in New York can have severe consequences. Refusal to take a breathalyzer test can lead to arrest, a $500 fine, and a suspended license for one to eighteen months. The arresting officer must state clearly that a refusal to take a breathalyzer test will lead to the suspension of your license. The officer must state this twice before your refusal is recorded.

Using The Refusal In Court Against You

It is illegal to use your constitutional right to refuse to answer a question in a criminal proceeding as evidence of your guilt. Using your refusal as evidence of guilt is a violation of your right under Article I, section 9 of the Constitution. In this case, the court assumed that the officer had made the refusal known to you and informed you that it would be used in the proceeding.

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

DUI Lawyer Role in Houston

Having A DWI Charge? Here’s What To Do

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

4 Things To Do When You Have A DWI Charge

Receiving a DWI charge can have a huge impact on your life. It can negatively affect your job prospects, and a conviction will make it harder to obtain a job or attend college. Schools and employers will look at your record before hiring you or enrolling you in a program.

1. Assume You Are Being Recorded

Assuming you are being recorded is crucial to defending yourself against a DWI charge. Police officers have microphones and cameras mounted on their uniforms and in their vehicles. This means that anything you say to them will be recorded. So be polite and don’t talk about any personal matters. Remember that they are trying to get evidence against you, so try not to lie.

During the arrest, be polite and cooperative. If you are pulled over for driving while intoxicated, you’ll likely be taken to a breath-breath-testing station. At the breath center, you’ll likely be interviewed by a breath-tech operator. When talking to them, assume you’re being recorded. Many people blow their case by talking too much or cooperating in ways that hurt their DUI defense.

2. Understand What Implied Consent Means

If you’re receiving a DWI charge, it is important to understand what implied consent means and how it may impact your case. Implied consent refers to laws that allow police to test you for alcohol or drugs even when you’re not voluntarily intoxicated. You can be subject to additional penalties if you refuse to submit to a chemical test.

In New York, the law requires that police administer a chemical test if they believe you’re driving under the influence. If you refuse to submit to a breathalyzer test, you may face administrative penalties like suspension of your license or fines. But this law is not absolute. You may be able to challenge the breathalyzer test and get your license back.

It’s important to understand that implied consent laws can violate your constitutional rights. If you feel that a police officer infringes on your rights, familiarize yourself with the state’s traffic laws, such as the unmarked police car rule. You can also educate yourself on the signs of drunk driving to avoid getting pulled over.

Implied consent laws were passed to protect the public. After all, drunk drivers can cause serious injuries or even death to other motorists. So, it’s crucial to understand the laws surrounding implied consent before you make a mistake. However, there are some situations where you may not be able to resist the officer’s requests.

If you refuse to submit to a breathalyzer test or a blood or urine test, you may face penalties. The severity of these penalties depends on the state’s implied consent laws. For example, the court may require you to take a blood or urine test in New Hampshire, even if you refuse to take it yourself. This is called the refusal of implied consent, and if you refuse to give the test, you will have to pay fines and even lose your license.

3. Gather The Details

As soon as you receive a DWI charge, gather as much information as you can about the incident. This can include witness statements, the name and address of the subject, and the time and place of the violation. You should also gather the details of the traffic citation, any other traffic violations, and any other tests that were taken.

4. Prepare Your Defense

If you’ve been pulled over for a DWI charge, you should know that the prosecution’s goal is to prove beyond a reasonable doubt that you were driving under the influence of alcohol. Fortunately, several defenses can help you get out of this situation. One of these is a refusal defense. Even if you’re not technically impaired, a refusal defense can help you avoid a DWI conviction.

To do this, your attorney will first ask for the discovery of all the evidence. This evidence can include ashram and body-cam footage, police reports, and even 911 recordings. Your attorney will review this evidence to determine if it supports your defense. Evidence obtained through discovery may even be used as part of a motion before trial or at trial.

A DWI charge can be a stressful experience and you may not know what to do next. If you aren’t sure what to do, an experienced DWI attorney can explain the process and explain your options. Together with your lawyer, you can begin preparing your defense to fight the charge and avoid a DUI conviction. You’ll need to gather evidence to attack the state’s case and build a solid defense.

After you’ve gathered evidence, it’s time to appear before a judge. If you are found not guilty, the court will decide whether to continue with the case and proceed to trial. If your lawyer wins the trial, you will get the best chance of avoiding a conviction. If you’re found not guilty, the DWI charge will remain on your criminal record and will show up on background checks.

A DWI conviction can have lasting effects on your license. If you’re found guilty, your license will be suspended for six months, and you’ll be required to use an ignition interlock device in all of your cars for at least a year. In addition, you might lose your job if your job requires you to drive.

Having a DWI charge? 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.