Category: DWI Conviction

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.

4th DWI Charge: How Severe It Is?

The Penalties For 4th Texas DWI Offense

Depending on the prior convictions, penalties for a fourth DWI offense in Texas can be different than those for first or second offenses. The first DWI offense is usually a Class A misdemeanor. The second and third DWI offenses are both Class A misdemeanors, but the fourth offense is likely to be a Third-Degree felony.

ENHANCED PENALTIES

An enhanced penalty for a 4th Texas DWI offense can result in serious consequences. In addition to steep fines, enhanced penalties can include jail time, license suspension, and an annual surcharge. To avoid these consequences, you must have an experienced attorney on your side. An attorney with a passion for criminal defense can work hard to create a strong defense for you. He or she will uncover all possible legal options to reduce your penalty.

What to do if you are arrested in Harris County For Drinking And Driving - Butler Law Firm - The Houston DWI LawyerRepeat DWI offenders make up nearly five percent of the prison population in Texas, costing taxpayers $153 million a year. Of these individuals, 22% receive prison sentences longer than 10 years. 34 repeat DWI offenders are currently serving life sentences. Regardless of the severity of your offense, you must understand the penalties associated with a DWI conviction so you can prepare yourself for defense.

The penalties for a fourth Texas DWI offense are significantly more severe than those for a first offense. Prior convictions and a high blood alcohol level make for a harsher sentence. You may receive a Class A misdemeanor charge, and your license could be suspended for 180 days or longer.

MINIMUM PENALTIES

The penalties for a fourth Texas DWI offense vary according to the previous offenses that the defendant has committed. The penalties for a first offense are generally misdemeanors, while those for the second and third offenses are typically Class A misdemeanors. The fourth offense, however, is more likely to result in a felony charge.

In addition to the jail sentence, a fourth DWI conviction can result in rehabilitative treatment, which can include Substance Abuse Felony Probation (SAFP). SAFP is a ten-year program that requires a person to undergo intensive treatment for drug addiction. In addition, the person must install an ignition interlock device in every car he or she drives.

The minimum penalties for a fourth Texas DWI offense are significantly different than for a first or second offense. First, a refusal to submit to a breathalyzer test will result in a fine between $500 and $2000, and a license suspension of three years. A refusal to take a chemical test can also lead to an ignition-interlock-restricted license.

The minimum penalties for a fourth Texas DWI offense are serious and will likely involve jail time and hefty fines. Repeat offenders may also face license suspensions and annual surcharges. Therefore, it’s important to hire a Houston DWI attorney who is passionate about defending people against these charges.

FELONY DEGREES

The penalties for a fourth Texas DWI offense are generally harsher than those for a first or second offense. A felony conviction carries a prison sentence of at least two years and as many as ten years. In addition, the driver’s license is suspended for two years, and the offender may have to perform community service.

The penalties for a felony DWI offense are different for every state. If you are charged with a fourth offense in Texas, the penalties will vary depending on your record. If you have a prior conviction, it will count toward the total number of years in jail. In addition to a higher prison sentence, a felony conviction can also affect your right to own firearms.

Third-degree felonies include causing serious injury to another person or property. This carries a two to a ten-year prison sentence and a $10,000 fine. Fourth-degree felonies also carry a charge of intoxication assault, which is a third-degree felony. The punishment is the same as for a second-degree felony, but it may carry a higher prison term and a fine of up to $10,000.

DEGREE PENALTIES

The criminal penalties for a fourth Texas DWI offense are incredibly harsh, and your previous convictions can affect the penalties you face. For example, if you were convicted of DWI for the first time, you’ll likely face misdemeanor charges, while a subsequent conviction will likely result in Third-Degree felony charges. Because of this, it’s vital to have legal representation before your court date.

The third Texas DWI offense will result in a third-degree felony charge. The penalties for a third-degree DWI are similar to those for a fourth-degree offense, including a possible ten years in state prison, a suspended driver’s license, and a hefty fine. In addition, your license will be suspended for two years and you will lose your right to vote and possess firearms. Fourth-degree DWI convictions are punishable by up to two years in state prison and may result in community service as well.

In addition to the standard penalties for a third-degree offense, you will face enhanced sentence penalties for an open container of alcohol in your vehicle. In addition to the mandatory two-year license suspension, you’ll be forced to install an ignition interlock device in each car you own.

FURTHER ENHANCEMENT FOR REPEAT OFFENDERS

Repeat offenders may face additional penalties for DWI, such as ignition interlock devices. These devices, which require the use of a blowing mechanism to determine breath-alcohol content, can be required by a judge. These additional penalties can help reduce the number of repeat DWI offenders because they prevent repeat offenders from driving.

Repeat DWI offenders in Texas may face enhanced penalties, including jail time and a longer license suspension. In addition, the penalties may include court-ordered treatment and counseling sessions. In some cases, a judge can suspend a driver’s license, which can have a significant impact on a person’s daily life.

The bill is designed to encourage repeat offenders to plead guilty to DWI. The new law also helps prosecutors seek tougher penalties. In addition, it allows deferred adjudication if a defendant has a low blood alcohol level. In addition, the bill contains provisions that reduce the burden on trial dockets for repeat offenders.

SENTENCING DISCRETION

Depending on the circumstances, Texas drunk driving law may include additional penalties for the fourth DWI offense. A person can receive a fine of up to $10,000, lose his or her driver’s license for 2 years, and perform community service. These penalties will be much higher for repeat offenders. A Houston DWI Attorney can help you understand the implications of these additional penalties.

In the case at hand, the defendant entered guilty or no contest pleas to four separate Texas DWI offenses. In all four cases, the defendant was the same person. The defendant’s case is based on his contention that the district court erred by sending him as a fourth-time DWI offender.

A fourth-time DWI conviction can lead to a jail or prison term without probation. The state will also usually require the defendant to participate in rehabilitative treatment. This may include a substance abuse felony probation (SAFP) program or an ignition interlock device.

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.

What You Should Know About DWI Cases

7 Facts To Know About DWI Cases

If you have been arrested for a DWI, you should understand the legal process involved. There are many different aspects of a DWI case to consider, including the type of case you’re facing, whether you’ll be facing the suspension of your license, and the penalties you can expect. In addition, it’s important to know what to expect during the trial.

1. Does A Prosecutor Need to Prove the DWI Charges

To successfully prosecute a driver accused of a DWI, the prosecutor must prove that the defendant was intoxicated when the offense occurred. This can be done with the help of blood-alcohol content results or open containers of alcohol. Furthermore, breath-test results can be used to prove the defendant’s guilt.

Arrested For Drinking And Driving In Houston - Butler Law FirmTypically, prosecutors file two DUI charges in the hopes that one of them sticks. In some states, the prosecution only needs to prove that the driver was intoxicated while driving, and it does not matter whether the defendant was driving.

A prosecutor must show that the arresting officer had reasonable suspicion that the defendant was impaired. However, this standard is low. Probable cause is the more likely standard, which means that the prosecution’s evidence must prove that the defendant was intoxicated.

Another common defense is a plea bargain. If the prosecutor has a strong case, they can often negotiate a lesser penalty with the state. However, the client must agree to this deal.

2. Suspension Of Your License

The suspension of your license is a common outcome of a DWI case. The suspension period generally ranges from 45 to 90 days. However, if you are a first-time offender, you may be eligible for an Alternative Disposition (AD) instead. This is a court process that focuses on whether you were lawfully arrested and whether the arresting officer followed proper procedures.

In a DWI case, the driver’s license can be suspended either as a mandatory or permissive punishment. Mandatory suspension is imposed if your blood-alcohol concentration (BAC) level is.08% or higher. If you are arrested and convicted of a DWI, you may be able to get an alternate license while the case proceeds. Alternatively, a suspension can also be imposed after the case is resolved in court.

You should seek legal representation if you are facing DUI charges. The lawyer will be able to explain the details of the case, which includes any loopholes or exceptions to the law. Furthermore, only legal counsel can determine how long your license will be suspended. The license suspension can greatly impact your life.

3. The Legal Defense

Several types of legal defenses are available to you in a DWI or DUI case. First, you have to make sure that the elements of the charge are proven beyond a reasonable doubt. If these elements are not proven, the prosecutor will need to drop the case. After reviewing the facts of the case, your attorney will decide what defense to use against the prosecution.

Second, your DUI defense attorney should be familiar with the law and local court system. He should also have good relationships with the local prosecutors and judges. He should also have the resources and time to investigate the case and challenge the charges. This will help your attorney to get the best possible outcome for your case.

Third, your attorney will have to convince the court that your DWI defense is valid. You will have to prove that your actions were necessary for your safety, and you will have to convince the court that you were under the influence of alcohol at the time.

4. Penalties

Penalties for DWI cases vary depending on the type of offense, and several factors can affect the severity of a conviction. For instance, a minor may receive a different sentence than an adult, and if the defendant has prior convictions, they may also be exempt from the maximum penalty. Penalties can also vary depending on whether the driver was driving with a child in the vehicle.

For the first offense, the penalties are not very severe. However, if the person has multiple offenses in five years, they will face serious penalties. The first offense will carry a minimum fine of $500, and the second offense will be punished with a license revocation of at least six months and a $2,000 surcharge.

After the conviction, the person may also face further consequences. Some jobs will be closed to them. For example, a driver with a DWI case may not be allowed to drive a school bus, a delivery van, or any other vehicle. Moreover, the driver may also face a separate civil lawsuit from the victims of an accident.

5. Aggravating Factors

Aggravating factors in DWI cases are factors that can make your charge more serious and result in more severe consequences. For example, a refusal to submit to a chemical test can result in a higher level of DWI. Although this may seem like a minor detail, it can have a significant impact on the type of DWI you are facing. In addition to affecting the severity of your charge, aggravating factors can also affect the level of penalties you will receive.

A level 1 DWI case carries a mandatory minimum sentence of thirty days. However, if a person can use a continuous alcohol monitor, the sentence can be reduced to 10 days. This way, they can prove that they have not been drinking at all during that time. Aggravating factors will also result in the loss of one’s license for varying periods. If these factors are present in a DWI case, it is best to consult with a DWI attorney to determine what your punishment will be.

A defendant can also appeal the case to a superior court. To do so, a defendant must receive a notice from the state outlining its intent to try the case. This notice must be provided to the defendant at least 10 days before the trial. In addition, the notice must state all the aggravating factors.

6. Should I Represent Myself?

The best way to defend yourself against a DWI charge is to hire an experienced DWI attorney. Even if the case is not a serious one, it can be detrimental to represent yourself if you do not have the right experience. It can also cost you more money if you do not win the case.

If you have an experienced attorney, he or she will be able to negotiate on your behalf. The prosecution will have to give you discovery documents and proof before they can present their case. If you fail to hire an attorney, you may give up your rights to fight the arrest, stop, and evidence.

7. Take The Case Seriously

If you are facing a drunk driving charge, you need to take it seriously. The case is likely to be complicated and overwhelming for the defendant, and the penalties may be harsher than you’d like. Sadly, drunk driving is a serious offense that results in a number of fatalities and disabilities.

Have Your DWI Attorney

In a DWI case, you should have your DWI attorney on your side to make sure your case is handled properly. In addition to obtaining legal advice, an attorney can also research the case to develop the best defenses. A lawyer can help you avoid the consequences of a DWI if you do a few simple things.

DWI cases can be complicated, involving evidence, science, and witnesses. In addition, Texas DWI laws can be difficult and confusing. They can affect your driver’s license suspension, monetary fines, and even imprisonment. With such high stakes, it is important to have an experienced DWI attorney on your side to help you navigate the legal process.

Hiring a DWI attorney can help you avoid penalties such as jail time, heavy fines, and loss of license. In addition, a DWI conviction will have a permanent impact on your driving record, which may limit your future job prospects. We invite you to contact us or call us today if you need the best DWI Law Attorney in Houston. Visit our blog for more related articles.

Can A DWI Attorney Defend You?

Contesting DWI Charges

In some circumstances, contesting a DWI charge may be the best way to avoid the consequences of a conviction. The process of developing a defense may be expensive, and there are also collateral consequences if the case proceeds to trial. In some circumstances, it may be necessary to hire an accident reconstruction specialist or an expert witness. Additional costs may arise from other circumstances as well.

Record The Details

If you’ve been arrested and charged with a DWI, one of your first steps should be to record the details of the incident. While these details may seem obvious, they can make a significant difference in your case. For example, you should write down the time and place of the incident.

Research Field Sobriety Tests

If you are planning to fight a DWI charge, you should research the reliability of field sobriety tests. The National Highway Traffic Safety Administration (NHTSA) has conducted studies on the reliability of the three most common tests, and it recommends a standardized test battery.

DUI Lawyer Role in HoustonThe study results have indicated that all field sobriety tests have a high degree of validity and are highly sensitive to alcohol. However, some tests are better than others, and there is no single test that is 100% accurate. The walk-and-turn test, the one-leg-stand test, and the horizontal gaze nystagmus test are the most effective tests when it comes to correlating BAC with actual impairment.

The finger-to-nose test, for example, hasn’t been validated to correlate with blood alcohol concentration. In this test, the suspect is asked to close his eyes and tilt his head back. He’s then asked to estimate how long it takes for 30 seconds. While this test may not show the true level of alcohol consumption, the test can be used to help the officer establish probable cause for arrest.

Extenuating Circumstances Influence Sobriety Test

Defending DWI charges can be challenging, especially if you are accused of driving under the influence of drugs or alcohol. Taking a field sobriety test is subjective, and even the soberest of people can fail it. Furthermore, a test must be properly administered to be valid. Therefore, it is important to contact an attorney before agreeing to take a test.

A skilled DWI defense attorney will know how to challenge the validity of the sobriety test. He will have access to the investigation report and police reports. This will allow him to identify weak points in the case and develop an effective defense. Many police officers conduct field sobriety tests without a warrant or proper authority, and these results will be used in court. Because these tests are unreliable, an experienced attorney can challenge the validity of the results.

During the field sobriety test, the police officer must observe certain clues that indicate intoxication. They must also consider other factors, including weather, car lights, and the driver’s physical and mental state.

Improper Administration Of Tests

The administration of tests by police officers can be challenged in a DWI case. There are several reasons why officers may be unable to properly administer tests. For example, officers may have the wrong amount of sodium fluoride in the test tube, which can lead to flawed results or false positives.

Improper administration of blood tests or breath tests can be challenging in court. Improper administration of these tests can invalidate an arrest and result in the suppression of evidence. A DWI attorney with experience in the criminal justice system can raise defenses involving these procedures and ensure that they are properly administered.

Another reason why a breathalyzer test may not be accurate is a medical or psychological condition. These conditions can make it difficult to perform the horizontal gaze test or balance test properly. Alternatively, an attorney can question the proper calibration and maintenance of the device used to administer the test. In some cases, an attorney may also question the chain of custody of the blood sample.

Non-Standardized Field Sobriety Tests

Whether you are contesting a DWI charge or merely pursuing a DUI case, you should be aware of the significance of non-standardized field sobriety tests. While non-standardized tests are not scientifically valid, they can be used as evidence to justify an arrest and conviction. The National Highway Traffic Safety Administration approves three types of such tests: the walk-and-turn test, the horizontal gaze nystagmus (HGN), and the one-leg stand test. However, some states have laws that make these tests inadmissible. In these cases, you should not be afraid to challenge the results.

Some pre-existing conditions can affect the results of sobriety tests. For example, a person with a neurological disorder may be unable to perform a one-leg stand. Likewise, people with back or leg problems can have difficulty performing sobriety tests. Moreover, conditions such as lightning and rain can affect the results.

Accuracy Of BAC Tests

If you’ve been arrested for DWI, you need to know that BAC tests are not always accurate. The reason is that blood samples must be collected properly and stored stably. In addition, if the blood samples are not stored properly, they may go bad and skew the results. If you’re facing DWI charges, it’s important to contact a local DUI defense attorney who can help you challenge the accuracy of BAC tests and protect your license.

Urine tests are notoriously inaccurate when it comes to measuring BAC. However, the police must use any evidence they have to prove that you were drinking. The most effective way to do that is to challenge the accuracy of the test. The results of these tests are admissible in court if they were administered correctly.

Refusing to take a breathalyzer can also lead to a common law DWI charge, which is much worse than a standard DWI charge. It can result in a lesser charge or some cases, no charge. The latter situation is better for a driver who isn’t drunk.

Lack Of Probably Cause

When contesting DWI charges, you can argue that the officer had a lack of probable cause for pulling you over. This defense is based on the Fourth Amendment to the U.S. Constitution and can be a valuable defense for you if you have been stopped by the police for any reason. The Fourth Amendment protects you against unreasonable searches and seizures and requires the police officer to have a reasonable suspicion that you committed a crime.

Moreover, if you have been stopped more than once for DWI, the officer must have a strong reason for doing so. This probable cause must be supported by evidence. While breathalyzer tests have come under some criticism, they are widely regarded as accurate and appropriate to measure blood alcohol levels. Even if you have passed a breathalyzer test, this is not sufficient for probable cause in a DWI case.

A police officer can only hold someone for the time necessary to carry out their traffic stop. Without any other reasons, such as reasonable suspicion, the officer cannot continue the investigation. In addition, an officer cannot stop you based on the color of your car or race.

DWI Lawyer Can Your Contest DWI Charges

A DWI lawyer can help you contest your DWI charges if you have been pulled over for DWI. There are two main types of DWI charges: administrative and criminal. The former determines the punishments you could receive, while the latter determines whether or not you will lose your driving privileges.

The consequences of pleading guilty to DWI charges can be severe. In Texas, a DWI conviction will result in an ignition interlock device being installed in any car that you drive. While this punishment can be costly, it is possible to avoid it by fighting your case.

If you are arrested for DWI, the first thing you should do is call a DWI lawyer immediately. This way, your lawyer can be there when the police ask you questions related to the charge. During this stage, your lawyer can help you by guiding you through the process and advocating for your rights directly.

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

A Guide For Hiring A DWI Lawyer

How To Find A DWI Lawyer

If you’ve been charged with a DWI, you’re probably wondering how to find a DWI lawyer. In this article, we’ll outline why you need to hire a DWI lawyer, what to look for in a lawyer, and the most important questions to ask. First, you’ll want to meet with a few different attorneys to determine which one is the best fit for your case.

Why You Need A DWI Lawyer

Arrested For Drinking And Driving In HoustonIf you have been arrested for a DWI, you need to hire a qualified attorney to represent you. While you may not have a criminal record, your DUI conviction can have severe consequences for your life. Additionally, you will be sentenced to jail, pay a fine, and lose your license. However, with the help of a good DUI lawyer, you can get your license back and be able to drive again.

DWI lawyers also investigate the probable cause for a traffic stop and make sure the evidence collected is not admissible in court. They will also review the results of any chemical tests you have taken to make sure they were done correctly. They will file motions in court to suppress any evidence that is found to be unreliable or illegitimate. This can save your driving privileges and your reputation. While a DWI lawyer won’t give you a criminal record, they can help you make sure that the charges are dropped.

What To Look For In A DWI Lawyer

When you need a DWI attorney, the cost may not be the most important factor. The lawyer’s experience and skill will matter more. If the lawyer has handled several DWI cases, then they will likely be able to mount a better defense than a newly-minted attorney. Experience counts most when it comes to winning your case. A lawyer with trial experience will score more points with judges and prosecutors.

Your DWI lawyer must be upfront about fees and details. Some may try to mislead you or charge you for services you didn’t receive. Be wary of any attorney who makes you a promise they cannot fulfill. In addition, don’t hire someone who says they can win your case. Some attorneys are only interested in making a profit, so they don’t offer a guarantee.

How To Find A DWI Lawyer

In your initial consultation with the DWI lawyer, be sure to ask him or her as many questions as you can. He or she may not be familiar with the specifics of your case and might need information from the police report or DMV letter. Additionally, it is an excellent opportunity to ask about the attorney’s background, training, and experience. When you ask questions during the initial consultation, be sure to provide all relevant documentation.

Consult other lawyers in your area. Visiting attorneys in person can help you make an informed decision about whether or not to hire one. Moreover, it is important to know what the prosecutors will offer you, as they are typically only willing to offer a standard first-offense plea offer. The first DUI plea offer will usually be on the lower end of the first-offense range, assuming there are no previous convictions and no aggravating factors.

Questions To Ask A DWI Lawyer

Before hiring a DWI lawyer, there are some things you should look for. While hiring a DWI attorney, you should make sure you understand the charges and penalties associated with DUI. It is important to know what type of case you’re up against, as this will help the lawyer determine how best to approach your case. In addition to these, it is also important to understand the possible outcome of your case, since the outcome of your case may impact the penalties you’ll have to pay.

The first question to ask is what is the probable outcome of your case. Although the result of a DUI case is always different, a lawyer can give you a rough idea. Most cases end up in a conviction, but your lawyer can help you find the best possible plea deal if you’re trying to avoid jail. Additionally, a DWI lawyer may be able to negotiate a plea deal with the prosecutor to minimize the charges.

DWI Lawyer Fees

When it comes to hiring a DWI lawyer, it’s important to do some research beforehand. Look into a lawyer’s background and experience before hiring one. Be sure to discuss the nature of your case with the lawyer. You may also want to ask about their fees. If you cannot afford a lawyer, consider seeking financial assistance for your case. To find out if you qualify for financial assistance, contact your state’s department of justice or check out legal aid programs.

One way to find affordable legal representation is to hire a flat-rate DWI attorney. Many DWI attorneys work by the hour and require a retainer fee upfront. This is a deposit that acts as a down payment for services rendered. The attorney expects to be paid promptly. Some lawyers break up the fees into smaller chunks, such as 15-minute increments. Others may divide their hourly rates into six-minute increments.

We also 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.

The Perfect Time To Get A DWI Lawyer

When Do You Need a DWI Lawyer?

Hiring a DWI lawyer is a smart decision if you are facing a DWI charge. A lawyer understands defenses and can challenge the breathalyzer test. In addition to knowing the legal ramifications of a DWI charge, a lawyer will also know when to hire a Public DWI Defender. This article will explain the benefits of hiring a DWI attorney. Listed below are four cases where you need to hire a DWI lawyer.

Getting DWI Lawyer Opinion

If you have been arrested and charged with a DWI, you may be wondering what to do next. Whether you should hire a lawyer or fight the case on your own can make a big difference in the outcome of your case. Here are some reasons to get a DWI lawyer’s opinion. It will be beneficial to know the rights and responsibilities of a DWI lawyer before making the final decision.

If this is your first DWI, hiring a lawyer is not necessarily necessary. However, you should not make the mistake of thinking that you’re infallible. It is not uncommon for DWI lawyers to win cases every day. Even if it’s your first offense, you still should consider getting an attorney’s opinion. The attorney’s expertise will help you fight the charges. They will also have extensive knowledge of the criminal process and will be able to help you avoid any mistakes that could affect your case.

Cases To Hire a DWI Attorney

The federal government is testing different programs and ways to finish DWI cases. In the meantime, you need an experienced DWI attorney to help you navigate the legal system. DWI attorneys specialize in defending the rights of the accused and ensuring the best possible outcome for your case. Your lawyer will be able to analyze the evidence collected in your case and ensure that the evidence is not admissible in court. The attorneys will also investigate the details of any chemical tests conducted on you.

Hiring a DWI attorney is your best option if you face multiple charges related to intoxicated driving. In Houston, a DWI charge may be charged as a DUI or OUI depending on the state. Each of the state’s 62 counties has a different policy for dealing with these cases. If your breathalyzer reading was.13 percent or less and your arrest was unrelated to an automobile accident, your attorney may be able to negotiate a plea bargain for you. However, you should be aware that you are giving up your rights to fight the charges if you do not hire an attorney.

Public DWI Defenders

If you’re accused of DUI or DWI, you might be wondering if you should hire a Public DWI defender. This is a type of lawyer who is appointed to represent indigent DUI defendants. The government chooses public defenders based on their qualifications and experience. They are not necessarily the most professional, or capable, but they’re a great option if your financial situation warrants it.

A public defender can help you in court if you qualify financially and have no other means to hire a private attorney. These attorneys usually know the laws and prosecutors well, but they can’t devote as much time to your case as a private attorney can. They cannot handle cases related to alcohol license revocation, plate impoundment, and vehicle forfeiture. Nevertheless, they can be very helpful in defending you against a DWI case.

Private DWI Attorney

If you have recently been charged with a DUI, you’ll likely wonder why you should hire a private attorney. There are several reasons for this, including the fact that DUI laws are constantly changing. Even if you are not convicted of the offense, your case may still have merit. If this is the case, you can benefit from the expertise of a private attorney. In this article, we’ll examine some of these reasons.

Identifying the right lawyer can be difficult, but there are many ways to do it. You can start by asking friends and colleagues for recommendations. A DUI arrest can have significant consequences on your professional and personal life, and a good attorney will be able to provide you with valuable information. Moreover, you can look for a DUI attorney by contacting the state’s DUI defense association, as most states have an association of criminal attorneys. The State Bar Association in your state is also a good source.

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

DWI Offense Consequences

DWI Penalties

If you’ve been arrested for a DWI, you’ve likely already heard about the DWI Penalties. This offense carries severe consequences. For first-time offenders, the fine may range from $250 to $400. The court will also order you to attend an intensive driving rehabilitation course. You will also have to pay a surcharge on your insurance for up to three years.

DUI penalties vary by state, as they differ for different offenses. Depending on whether the offense involved a minor or a controlled substance, you may face additional penalties. In addition to a mandatory fine, you may have to attend a DUI prevention program, have your license suspended and undergo an alcohol dependency assessment. In many cases, your conviction may even result in a suspended sentence. Depending on the specific circumstances of your case, your criminal defense attorney can explain your options to you.

DWI Fines

DUI Charges Dropped in HoustonDUI Fines for DWI violations is not a trivial matter. Even a minor offense can have lifelong consequences. For one, being found guilty of DUI can prevent you from getting a job or obtaining auto insurance. Secondly, a DWI conviction can affect your driving record, which can hurt your career and personal life. In addition, a conviction for DUI can lead to a separate civil lawsuit if you cause an accident.

DUI fines can vary widely from $500 to a maximum of $2,000. If you’re facing the charge for the first time, this may be the most important aspect to consider. You should seek legal assistance as soon as possible, because the longer you delay the more expensive it will be. It can also affect your chances of winning in court. Further, delays can impact your probable cause. In addition to DWI Fines, you may also be sentenced to jail time, which can add up over time.

DWI Bail

You’ve just been arrested for a DUI offense, but you’re not sure what the consequences will be. A DUI arrest can result in a revoked or suspended license. In some states, a conditional license can be issued as a result of a DWI conviction, allowing the offender to keep driving for a specific period of time. This can include time in jail, community service, or other conditions.

Whether a person is released on bail after a DUI arrest depends on a variety of factors, including the person’s history and criminal record. A judge will also consider the circumstances of the DUI arrest, such as whether the driver has any previous criminal convictions, family ties, or connections to the community. The judge will weigh these factors when determining the appropriate amount of bail for the DUI offender.

DWI Jail Time

DWI (driving while intoxicated) is a serious criminal offense. The penalties associated with a DUI can have a lasting impact on a person’s financial situation and mental health. The long-term consequences can include a suspended license, jail time, and even a felony conviction. Although jail time is rare for first-time offenders, it can be a severe consequence for someone who causes a serious accident.

Depending on the type of offense, a DUI can lead to a hefty jail sentence. Depending on the severity of the offense, a driver could spend anywhere from 30 days to a year in jail. They may also face additional fines and court costs. Probationary sentences also include other requirements, such as alcohol/drug counseling, ignition interlock installation, and community service hours.

Hiring A DWI Attorney

If you are facing DWI offense consequences, it is crucial to hire a qualified attorney. A DWI arrest can have devastating effects on your personal and professional life, including the possibility of jail time. You may also be face consequences by presenting your case to the court and working to build a strong criminal defense.

When facing thousands of dollars of fines and difficulty finding a new job. Hiring a lawyer can help you avoid a DWI charge, your driver’s license will be suspended. You may be required to undergo a court proceeding, but you can fight the suspension at an administrative hearing. A successful administrative hearing may even throw out your criminal case. Unfortunately, this is not a guarantee, so it’s critical to hire a DWI attorney as early as possible. If you don’t, you will lose your driving privileges.

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

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

Everything You Need To Know About DWI Law

What is DWI Law?

If you have ever been charged with a DUI, you may be wondering what to expect when you’re facing the consequences of your charge. Here, you’ll learn the penalties you can expect, your rights under the law, and the most important factors you need to consider if you’re convicted. This article will answer these questions and much more. Keep reading to find out how the laws affect you. Once you’re aware of what to expect, you’ll be better prepared to face any future consequences.

First DUI Charge

Whether you were arrested for a first DUI charge or have been convicted for a second or third, you are entitled to a defense. Generally speaking, the outcome of your first DUI charge is a guilty plea and court judgment. However, with a proper defense strategy, you may be able to get the charges dismissed or reduced. If you have been arrested for a second or third DUI charge, there are several steps you should take right away to minimize the impact of your arrest.

A first DUI charge under the DWI law is considered a misdemeanor and is punishable by up to six months to a year in jail. Some states, such as New Jersey, have shorter maximum jail sentences for first DUI offenses. Still, many states require jail time for first-time DUI offenders. So, be prepared for jail time. Here’s a basic guide to a jail sentence for your first DUI offense.

Second DUI Charge

If you are caught with a second DUI in less than 10 years, your penalties will be more severe. You will most likely receive a jail sentence of 90 days to 6 months. Additionally, you’ll have to install an ignition interlock device for at least two years and pay for it. A DUI conviction is a serious offense that can have serious financial and personal consequences. For this reason, you should not ignore the consequences of your first DUI.

The first step in a DUI case is an investigation by the police. After speaking to the driver, an officer will write a report describing their observations. During this investigation, the officer may note certain things about the driver, including their appearance, conversations, smells, and other physical traits. Once they’ve completed this investigation, they may arrest the driver based on the results of a breath test and other field sobriety tests.

DUI Penalties

DUI Penalties under DWI Law vary widely depending on your state. Your first offense will likely be a misdemeanor, meaning you can expect to pay fines and spend as little time in jail as possible. Other jurisdictions require a certain minimum period in jail to discourage drunk driving, which can result in a far more serious sentence. Additionally, a third or subsequent offense may result in imprisonment for up to seven years.

In addition to the standard jail time, DUI offenders can also face license suspension. A license suspension can occur when you are found guilty of a DUI, as well as if you are convicted and failed a breath or blood test. You may also be required to take alcohol classes. In addition to the mandatory DUI penalties, you may lose your driver’s license. Your license is also at risk, so hiring a DWI attorney is a wise move.

DUI Conviction

If you were arrested for a DUI, you should consider hiring a DUI defense attorney. A DUI conviction can carry heavy penalties, such as jail time, alcohol classes, and a suspended driver’s license. Taking a breathalyzer test is also considered a violation, and a refusal can result in license revocation for three years or longer. The penalty for refusal also increases if the driver had a minor passenger.

A DUI conviction is the first step in the legal process. Depending on the circumstances, a DUI conviction may carry a hefty fine and license-related penalties. State laws set a range of penalties based on a person’s prior DUI convictions. The first conviction carries a maximum fine of $500, while a second conviction may carry a maximum fine of $2,000, and a third offense could result in up to seven years in prison.

Contact The Butler Law Firm Right Now

Mr. Butler is the owner of this criminal law office in Houston. He will do everything in his power as a legal official to receive the justest outcome for his client. Feel free to contact or call Atty. Jim Butler right now to get your free consultation to see what a skilled attorney can do for you. Visit our blog for more related articles.

Fighting Against Your DWI Conviction

DWI Conviction: How Severe It Is?

Having a DWI is a serious offense. The consequences of DWI convictions are severe, including jail time and fines, and an increase in the amount of alcohol in the blood. If you have multiple previous DWIs, a child in the car, or have inflicted injury on another person, the penalties may be even higher. Numerous defense strategies have worked for many of our clients in the past.

DWI Arrest

One of the first steps in fighting a DWI conviction is to learn all you can about the arrest. Write down what happened and who was involved. Recall any field tests the officer gave you and what you remember that wasn’t right. Note any medication or food you consumed in the 12 hours before the arrest. Your attorney can use this information to build your case. In addition, you should take photos of your vehicle and any other evidence that might be relevant to the case.

One of the biggest costs involved in defending against a DWI charge is obtaining legal representation. While a DWI arrest may not seem very costly, it can be difficult to pay for an attorney. However, the financial cost can be worth it if you have a solid case. Attorney fees can be included in a plea bargain, and you should always make sure you hire the best attorney possible. If you are convicted of a DWI charge, you must hire a legal professional who specializes in these cases.

DWI Charge

DUI Charges Dropped in HoustonThe first step in fighting a DWI conviction is to document the entire incident, from the time you were pulled over to the police station. Take notes about what happened during the arrest, such as the names of the officers and witnesses. Remember to write down anything that seems off about any field tests. Note down everything you ate or drank within 12 hours of the arrest. If you have taken any medication in the time leading up to the arrest, write it down as well.

By fighting a DWI charge, you can minimize the collateral consequences of a conviction. If you don’t fight your case, you will almost certainly plead guilty or have no contest to the charge. This will permanently affect your reputation and your future. Despite your best efforts, it’s not a guarantee that your case will be dismissed or reduced. A judge may find it in your best interest to dismiss your case.

DWI Charge Defense

There are some things to consider when you are facing a DWI charge. A court will want to know if you were over the legal limit when you were pulled over. If you were, you may be facing a jail sentence and thousands of dollars in fines. Even if your case is dismissed, it may still be difficult to find work. Therefore, it is imperative to fight the charges to reduce the sentence.

By fighting the charges, you can avoid the collateral consequences that a DWI conviction can carry. If you do not fight the charges, you will likely plead guilty and will be given a criminal record. While a first-time DWI may be expunged, it is important to keep in mind that your arrest is still a public record. Whether you choose to fight the charges or not, it will be critical for you to hire a DWI lawyer with experience in these cases.

Hiring A DWI Attorney

Hiring a DWI attorney to fight your conviction is an excellent idea if you’ve been arrested for driving while intoxicated. A lawyer who has been in your situation before can offer valuable tips on how to get off the hook, exploit loopholes, or even minimize the charges. When choosing a lawyer for your case, you should ask how long they’ve been practicing, how many cases they’ve handled during that time, and what their success rate is. You should also check out their reputation and ask them how previous clients felt about their services. Ask them if they were satisfied with the results and whether they would recommend them.

If you are convicted of a DWI, you’ll probably face stiff consequences. Depending on the state of your offense, you may have to serve jail time, pay a fine, and install an ignition interlock device on your vehicle. Even if the charge is a misdemeanor, you could be facing felony charges, which carry more severe penalties. You could be sentenced to jail time, a fine, or community service, and your license might be suspended. If you’ve ever been arrested for DWI, you’ll know that the legal system is complex.

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