Category: Zero Tolerance Law

All You Need To Know About Impaired Driving In Houston

Ideas On Understanding A Houston Impaired Driving

Drivers in the 16 to 20 age range have a 1700% increased risk of dying in a crash when blood alcohol concentrations (BAC) are equal to or greater than .08%.

Driving Under The Influence Of Alcohol

Driving after consuming alcohol has many problems:

  • While young drivers are not as likely to drive after drinking as adults, their crash risk is significantly higher if they do. This trend is particularly prevalent at low to moderate BACs.
  • A survey in 2017 found that 16.5% of high school students over the age of 16 reported getting into a car within the last 30 days with a driver who had consumed alcohol.
  • Drivers are not as likely to use seat belts after drinking. And, 12% of young drivers between the ages of 16 and 17 involved in fatal crashes in 2016 have blood alcohol concentration greater than .084.
  • The majority of people killed in crashes related to alcohol use involving teen drivers are young driver themselves as well as their passengers.

The Zero Tolerance Law and further consequences of impaired driving under the influence of alcohol:

  • The zero-tolerance law means it is illegal for any driver under the age of 21 to drive with alcohol in their bloodstream.
  • Those who violate underage drinking laws can face a jail trip, revocation of their driver’s license, and a range of other expenses, such as court costs, attorney fees, and other fines. موقع باي بال
  • A DUI conviction stays on a teen’s record, so it can cause humiliation, embarrassment, and potential loss of a college place, scholarship awards, employment eligibility, and more.
  • Local law enforcement has upped their efforts to catch offenders, so the chances of a conviction are higher. بطولة يورو 2022
  • A study conducted by the Department of Transportation in Texas found that first-time offenders could expect a DWI arrest and conviction to cost them $5,000 to $24,000.

Driving Under The Influence Of Drugs

  • According to NHTSA’s Fatality Analysis data from 2016, drugs were found in 43% of all drivers involved in crashes that caused fatal injuries, which is higher than the percentage of fatally injured drivers who had alcohol present.
  • The most commonly present drug was Marijuana by a large margin.
  • The complexity of drug-impaired driving is greater than alcohol-impaired driving for a range of reasons.

The Impacts Of Medications On Driving

  • Alprazolam (Niravam, Xanax XR, etc) is a commonly used anti-anxiety medication. It is a type of benzodiazepine and similar to drugs like diazepam (Valium), lorazepam (Ativan), clonazepam (Klonopin), and flurazepam (Dalmane). The side effects of these such medications can include vertigo, confusion, blurry vision, and drowsiness – all conditions that would make driving dangerous.
  • Dextroamphetamine (Adderall) and other amphetamines are used to treat ADHD (attention-deficit hyperactivity disorder) and narcolepsy. حساب بايير The drugs work to stimulate the brain by raising the levels of key neurotransmitters – norepinephrine and dopamine – in the system. While the meds can boost your ego, the greater danger is that Adderall can cause an increased heart rate, which puts drivers at risk of strokes or seizures.
  • MDMA (Methyl​enedioxy​methamphetamine, also known as ecstasy, can cause serve anxiety, decreased motor skills, and confusion. Using any type of drug can result in impairment of your ability to drive safely, and put you and others at a heightened risk of a car crash.
  • OxyContin(oxycodone) is a potent pain medication and a type of opioid. Painkillers are known to be some of the most commonly abused drugs among teenagers and are only overtaken by marijuana, tobacco, and alcohol. Not only are opioids extremely addictive, but they can also cause confusion, breathing difficulties, and nausea behind the wheel.
  • If you drive under the influence of marijuana, you can get a DUI and you place yourself at an increased risk of being involved in a car crash, as the drug can significantly impair reaction times, judgment, and motor coordination.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation!

DWI Law in Houston: Does Driving Under the Legal Limit Constitute a DWI?

If I Drive Under the Legal Limit, Can I Still Get a DWI in Houston?

Texas drivers know that they are considered legally drunk if they drive and they have a blood alcohol concentration of 0.08 percent or higher. A blood alcohol concentration or BAC of is determined once a blood test or chemical test is conducted at a police station. The limit of 0.08 percent is the standard BAC limit in every state whether that state uses DUI or driving under the influence laws or it relies upon DWI or driving while intoxicated laws.

Having a BAC level over the legal limit is not the only reason a highway patrol officer in Texas can make a DWI arrest. It is possible to be arrested for DWI when your BAC is under 0.08 percent. Here are the three situations where an officer could justifiably make a DWI arrest without testing for an over-the-limit BAC level.

Not using the normal level of mental or physical faculties behind the wheel:

Officers can use their discretion in arresting a driver for a DWI or not. If they find a driver is noticeably impaired, they can arrest that driver no matter what their actual or tested BAC level is. Reckless driving such as tailgating, speeding or speeding through turns are all noticeable indicators of possible impairment.

Any driver, however, that has had one alcoholic beverage could be arrested for displaying any of these reckless driving habits. Their BAC level may not be at the legal limit, but the officer can still rightfully arrest them because of their lack of normal faculties behind the wheel

On the fence BAC tests:

From the perspective of Texas law enforcement agents, a lower BAC test of under 0.08 percent to 0.04 percent is questionable. Commercial drivers are held to a higher standard and can be pulled over and arrested for an on-the-fence reading of as low as 0.04 percent.

If the officer has reasonable cause the person can be arrested if they operated the vehicle while the BAC was over that lower limit. sportfogadás bónusz For instance, the person could have had a 0.09 percent BAC but in the hour from getting in the car and being arrested, it could have dropped to 0. kockás nyerőgépes játékok ingyen 07. They can still be arrested for having been at the level while behind the wheel.

The Texas Alcoholic Beverage Commission assumes that a person’s BAC level drops 0.015 percent every hour they do not drink alcohol. This drop rate does get taken into consideration by an officer when deciding to arrest a person.

Zero tolerance laws:

Texas is a zero- tolerance law state for drivers under 21. If a minor’s BAC test results in over 0.0 percent, they are legally intoxicated and can be arrested and charged with DWI. Zero tolerance applies to drivers over 21 if there are narcotics in their bloodstream at the time of the arrest.

What happens if you have been arrested for a DWI but your BAC level was lower than the legal limit? Think about challenging your charge and keeping your driver’s license from being automatically suspended. Call Butler Law Firm. Our Houston DWI defense attorney will give you a free case evaluation. The defense team is experienced and trial-tested.

Most any driver in Texas knows that they will be considered legally drunk when driving with a BAC or blood alcohol concentration of 0.08 percent or more. The BAC limit is a standard for all other states when they used DWI or DUI laws. DWI means driving while intoxicated and DUI mean driving under the influence.

Having a high BAC level is not the only thing that could cause you to be arrested for driving when your BAC is less than 0.08 percent. There are three situations where you could get arrested without having a BAC tested over the legal limit.

Driving without the normal use of your mental or physical faculties:

Officers can make some discretions when it comes to arresting drivers for DWIs. If the driver is clearly impaired or driving recklessly and tailgating or speeding, the officer can arrest them. If a driver does not slow down for turns or they do not stop at stop signs or they change lanes without signaling, a highway patrol officer does not need to get a test result to stop and arrest them for DWI.

On the fence BAC tests:

BAC test results that are below 0.08 percent “or 0.04 percent for commercial drivers” are questionable when viewed by Texas law enforcement. An officer can make an arrest if possessing reasonable cause to suspect the person was under the influence when they got behind the wheel. That means that if they were at 0.08 percent when they began driving, they can still be arrested even if their BAC is lower than that when they get pulled over. The TABC or Texas Alcoholic Beverage Commission assumes a person’s BAC level goes down by 0.015 percent every hour that they do not have more alcohol. A highway patrol officer will consider this when deciding to arrest an individual.

More on zero tolerance laws:

Texas is among several states with zero tolerance laws. This means any person under the age of 21 found to have a BAC higher than zero, is charged with a DUI. These zero tolerance laws also apply to those over the age of 21. If that person is found to have any trace of an illegal narcotic in their system, they can be arrested because that trace could affect their ability to drive safely.

These are all situations where you could have been arrested for DWI even though your BAC level was under the legal limit. Do you need help challenging your charges? Get the professional help of the Butler Law Firm. If you were arrested for DWI and your BAC was under 0.08 contact us and we will help you keep your Texas driver’s license from automatic suspension. Our Houston DWI defense attorney offers free case evaluations. gaminator hack download

For immediate assistance, give us a call now to address your case!