Tag: Dui Attorney Houston Tx

Should You Refuse A Breathalyzer?

Consequences From Refusing To Blow (And The Reasons Why You Should Still Do It)


Many people wonder if they get pulled over on a DWI charge, can they refuse to blow?

Yes, is the short answer. It is well within your rights to refuse to blow into a breathalyzer and doesn’t mean you definitely are guilty.

If you get pulled over, legally you only are required to furnish the police with your social security number, insurance details, and information on your driver’s license. موقع كيوي Other than providing those pieces of information to the police, you should not offer anything else to the police that can be used for building a case against you and politely refuse instead. That includes answering any questions regarding whether you have been drinking or not, where you are headed to, where you’ve been, and even submitting yourself to field sobriety test.

Not only do you have the right to refuse, but you should do so.

That is the short answer. However, there is a lot more information that is involved in the complete answer. Keep reading for a detailed explanation of what your rights are are if you get pulled over for a DWI in Texas.

The “No Refusal” Laws in Texas

What began as “No Refusal Weekends” in many counties, have turned into year-round policies. In those counties, when you refuse to blow it will cause the police to obtain a warrant to get a blood draw.

It is very important for you to understand that blowing into a handheld breathalyzer device is not something you are required to do, but just the desktop one that is at the police station. The evidence that the portable devices provide, in fact, are not admissible in court even.

Another thing that is noteworthy is that “No Refusal,” applies only to breath/blood tests, but not any other types of Standardized Field Sobriety Tests. When it comes to field sobriety tests, you always should refuse to perform them.

Consequences Associated With Refusing To Blow

In counties that have a “No Refusal” policy, if you refuse to blow you will be arrested and taken to the police station to perform a forced blood draw. For the Texas counties that enforce “No Refusal” strictly, the police can call a judge at any time of the day or night to get a warrant to obtain a blood sample from you.

You should be very clear verbally that you are not consenting to a blood draw, but also be aware that if you resist the police that will just result in them holding you down and drawing your blood by force.

After you are arrested on a DWI charge, the license suspension process will be started by the police. It is automatic. However, your attorney can file an appeal, and that puts a hold on your license suspension until after the appeal hearing is held.

You should hire a lawyer as soon as you can following your arrest (they even are able to act as a bail bondsman for you) so they can begin working on your DWI charge and license suspension as soon as possible.

Why You Should Still Refuse To Blow

Despite all of the consequences that are associated with refusing to blow, we recommend that you still refuse to blow. If you perform any field sobriety tests or offer a breath/blood sample, it will give the police evidence they can be used against you. العاب اونلاين للايفون And you don’t want to help the state’s case for prosecuting you.

In addition, the handheld breathalyzer device isn’t as reliable compared to the desktop device you will be required to blow into at the police station following your arrest. If under the Texas state Implied Consent law you end up being required to provide some form of evidence to the police, you don’t want to have provided evidence coming from a source that is unreliable.

However, that also doesn’t mean the desktop breathalyzer machine is completely infallible.

Breathalyzers, contrary to popular belief, do not test to see if alcohol is present. They actually test for any chemical that contains the methyl group within its molecular structure. There are numerous chemical compounds besides alcohol that fit into this. If you are a diabetic who has low blood sugar, are a smoker, or painted a room fairly recent, then your breath sample might exercises for training at home without exercise machines come back as a false positive.

You may be saying to yourself, if I know that I am sober, then it is okay to blow, right? فريق سان جيرمان Not necessarily. Depending on what your circumstances are (along with the police officer who stopped you) you may be charged with a DWI still even if you are able to blow under what the legal limit is.

Even when your blood sample tests over what the legal limit is, there are still ways of defending against the results of your blood alcohol test. There are certain regulations and results that have to be followed for calibrating the machine, testing your sample, and storing your sample.


Although refusing to blow might result in having to perform a forced blood draw and your license being suspended, we still recommend that you refuse to blow and also make it very clear you are not consenting to perform a forced blood draw.

Although “No Refusal” may be the way of life in many counties, there still are some counties where these policies are not implemented. Providing a blood or breath sample might seem like you are cooperating with the police. However, it just provides them with even more evidence that can be used against you a court of law.

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

Butler Law – Drunken Driving In Virtual Reality?


Butler Law – Drunk And Distracted Driving Awareness In Texas

Over the last several days, the University of Texas of the Permian Basin has seen a buzz of unusual activity at its Odessa Student Activities Center. An exhibit was created for the purpose of instructing students on the hazards attendant to texting behind the wheel and driving under the influence of alcohol. Interactive simulators have been used to illustrate the risk each type of behavior is known to produce. Sponsored and erected by the Save a Life Tour, these simulators are meant to provide young drivers with a strong reminder of the ways in which texting and drunk driving can severely hinder their skills as a motorist, particularly their ability to react swiftly to changing conditions.

Students were able to use the drunk driving simulator that was engineered to gradually escalate the effects of alcohol on driving capacity, incorporating virtual people, streetscapes and weather conditions. These elements are meant to foster alertness and attention among the student participants. When the simulation is over, a staffer from Kramer Entertainment (the designer of the exhibit) will inform the participant about the distance they traveled, the number of curbs with which they collided and the total of errors and legal violations committed over the course of the drive.

The simulator dedicated to the effects of texting while driving provided an opportunity to put driving skills to the test in the midst of a virtual snowstorm with text messages continuously popping in. The idea behind the exhibit was to show precisely how distracting phone use really is for drivers and how much ground is actually traveled during the time it takes to glance at a text message. ivermectina en diabeticos e hipertensos

Simulators were not the only educational elements involved in the program

as students were also shown videos about drunk driving and the problem of underage alcohol consumption. With any luck, the students participating in the event left with a stronger comprehension of the risks texting while driving and operating under the influence truly pose and a better realization of how they can prevent disaster on the roads. This is a lesson many Texans need to learn. The Lone Star State accounted for the largest number of drunk driving fatalities in 2013, a tally that represented approximately 40 percent of all deaths due to traffic crashes. Roughly one-fifth of all traffic collisions in Texas are now attributable to distracted driving, a rate that is on the rise. ivermectina lactante

Butler Law Firm Can Help

We are proud of the fact that our lead attorney is among the small number of Houston practitioners focusing entirely on the defense of DWI cases. With over 23 years of experience in this realm, Jim Butler has assisted hundreds of Texans in their fight against fail sentences and costly monetary fines. Certified in field sobriety test instruction, he has a firm grasp of the latest technology and techniques necessary for evaluating drunk driving charges. According to Jim, drunk driving laws are important and deserve to be enforced, but that there are many times when innocent parties are unfairly arrested and/or accused of violating them.

Jim reminds everyone that in Texas, it is legal for adults to consume alcohol and subsequently operate a vehicle, provided that they do not lose the faculties necessary to drive safely. Unfortunately, he says, the majority of field sobriety testing methods simply do not assess all of the relevant factors needed to make such a determination, including fatigue, medical conditions and the like. As such, drivers are at risk of failing such a test when they are not actually intoxicated. ivermectin arizona

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

DWI Law – Think You’re Safe Drinking And Skateboarding?

The Dangers Of Driving Vehicles While Intoxicated – All Of Them (Bikes, Scooters, And Even Wheelchairs)

The good thing is that more Texas folks are getting the idea about drink driving. According to research, it shows that now people are more aware of the dangers of driving while under the influence. لعبة روليت اون لاين Some of the credit goes to ride-sharing companies such as Uber and Lyft, who have made going home easier for people who have drunk a few too many. This helps save both the driver and pedestrians on Texas roads.

Nevertheless, there is still a big number of people in Texas who are not getting the message and are still driving under while under the influence. كازينو أون نت According to a statistic taken back in 2016 showed that 987 Texans lost their lives due to drunk driving, and there were 17,434 DWI-related accidents. San Antonio was the leading city in Texas with the most number of 1,845. Over the last few years, the number of DWI related crashes have been dropping significantly.

Trying To Avoid DWI by Riding A Scooter Does This Technique Work?

Texas is full of creative people and this is a fact. Many of them are trying to look for creative alternatives to avoid getting DWI. For example, a number of people ride scooters with the aim of getting out of getting DWI for driving a truck or car. This has been made possible due to the fact that scooter renting and sharing in the city is readily available.

However, the million-dollar question is, it is possible to legally drive a rented bicycle or electric scooter while under the influence? Well, even though each city is setting its own rules regarding riding bikes and scooters; the simple answer is NO. in Texas, it does not matter what you are driving; as long as you are intoxicated and driving, expect to get a DWI, or something related.

It can be tempting to grab that Lime rental scooter sitting outside and drive while under the influence of alcohol. However, you should resist that temptation. It is important to note that even though there are few laws differentiating what constitutes to a motor vehicle in Texas, but there is of “motor-assisted scooter” in the law. Scooters are self-propelled and considered as motor-assisted scooters. They contain the following devices:

  • At least Two wheels touching the ground
  • A gasoline or electric motor (often does not exceed 40 cc)
  • A deck for the driver to either stand or sit while riding
  • Working brake system
  • The option for human-powered operation

Therefore, if your scooter contains one or more of the above options, then you should not drive it while under the influence. And just because the law has not mentioned scooters and other small vehicles, it is still possible to be charged for driving under the influence, and even have your license suspended. لعبه القمار روليت There are other factors that may make the problem bigger. For example, if you choose to drive without wearing a helmet, and in some cities, a reflector jacket could count to another offense. At the same time, driving on the sidewalk thinking that it would keep you from trouble, think again, because it is another violation. In some Texas cities, being drunk in public may be another violation.

Can You Get A DWI In A Wheelchair?

What many people do not know is that driving any vehicle on the public road while under the influence can cost you. This also includes things like a bicycle, a lawnmower, and even a wheelchair (this is not a joke). There are many cases nationwide that shows a person on a wheelchair being stopped by police, to check if they are driving them while under the influence.

For example, a 44-year-old man in Ohio was charged with OVI (operating a vehicle while under the influence), after he was seen by police swerving in his wheelchair while going home. Also, another 55-year-old man in Ohio got his seventh DWI after he was stopped by police while driving a stolen motorized wheelchair. His blood alcohol content was found to be three times the legal limit. Also, a Pennsylvanian wheelchair-bound woman was found guilty of DWI after she was found riding around a trailer park at 4 in the morning.

Just like many states in America, Texas is no different. This is because they have a broad definition of driving while under the influence. This simply means that you can still get a DWI as long as you are the one in control of any vehicle no matter the form of power (either motorized or manual). This means that you should not drive as long as you are in control of virtually any vehicle, because it can lead to a DWI charge.

Therefore, if you are thinking of driving a scooter or wheelchair while you have drunk one too many, then you should think twice and consider making arrangements to have someone else take you home. If this option is not available to you, then you should consider getting a room from a local hotel. Keep yourself and others safe while on the road and do not operate any vehicle while under the influence.


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

Butler Law Firm Wants You To Get Home Safe Pt2

Taking Aim At The Drunk Driving Problem In Texas Part 2

Texas Leads the Country in DUI Fatalities, San Antonio Leads Texas

Every TxDOT official and all law enforcement agencies in Texas are desperate to get this problem solved. In just 2016, there were a total of 24,807 alcohol-related crashes in the state of Texas, and that resulted in 2,316 seriously injured accident victims and 1,005 fatalities. In total, 28 percent of all crashes in Texas last year were alcohol-related. It is such a serious problem that around every 20 minutes there is a drunk driving crash in the state.

San Antonio has not escaped this problem. In fact, out of the five leading Texas cities with the highest number of alcohol-related crashes, the city of San Antonio had the most with 1,845, which comes out to over 5 alcohol-related crashes a day. One occurred recently when a pickup truck went over a curb and then ran over a man on the sidewalk and killed him. The driver was a 26-year-old man and was given an intoxication manslaughter charge. After running over the pedestrian, he then swerved back into the road and then crashed into a bus stop. This accident marked the second pedestrian who a drunk driver had killed within a couple of days. sts zaklady bukmacherskie

Changing Attitudes In Texas About Drunk Driving

With the new efforts being made by TxDOT, the agency is trying as hard as it can to change attitudes when it comes to drinking and driving. They believe this is key to stopping drunk driving in the state of Texas. Simply because alcohol is widely available and appears to be an important part of many people’s weekends doesn’t mean everybody can’t do what is right. TxDOT is trying to encourage people to plan their weekends around assuming that drinking is going to be part of their outings. They recommend that ride-share services or a taxi be arranged in advance prior to going to a party or starting to drink.

Texans far too often make the decision to drive after having had a couple of drinks. That is a very bad decision. Whenever a driver makes this decision, they are placing everybody at bus stops, on the sidewalks, or on the road at great risk than would normally be the case. On Texas roadways, there is a drink driving crash that occurs every 20 minutes, which means there is an increasing amount of risk out on the highways and streets that are crowded already. zaklady bukmacherskie fortuna

Experienced Texas Drunk Driving Lawyer

Currently, Texas leads the country in drunk driving fatalities, with San Antonio leading Texas in this category. It is a very good thing that TxDOT, as well as responsible companies like Lyft and Budweiser, are doing what they can to help the situation. kasyno online gry However, everyone needs to work together in order to get drunk driving stopped in Texas permanently Meanwhile, if you or a family member has suffered a wrongful death or been seriously injured due to someone deciding to drive while they were under the influence of drugs or alcohol, please call the Butler Law Firm to speak with an experienced Drunk Driving Accident Attorney in Texas. Our team has the experience and knowledge to deal with opposing parties and insurance companies to ensure that all of the responsible parties are held accountable for their actions. We will do everything we can to keep your rights protected under the law.

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

Butler Law Firm Wants You To Get Home Safe Pt1

Butler Law – Taking Aim At The Drunk Driving Problem In Texas Part 1

As part of its comprehensive campaign against drunk driving, through the end of the year, the company producing Budweiser will be working in partnership with Lyft, the ride-sharing company on the campaign called “Give a Damn, Don’t Drive Drunk” or #GiveaDamn. The reason for the initiative is encouraging people who drink to do better planning and prevent them from getting behind the wheel after drinking alcohol. 365 سبورت The initiative will be providing free rides in nine different states, which includes Texas, for individuals who have been drinking and make the decision to not drive home. This is an effort to help prevent drunk driving in various states, including Texas.

The companies in total will be offering as many as 10,000 ride credits on Thursdays, Fridays, and Saturdays for round-trip rides until the end of the year. This means that residents of Texas who are over 21 years old will be able to visit Budweiser’s Facebook or Instagram page at 2 p.m. on Thursdays to get a $20 Lyft ride credit, which is good for two one-way $10 rides. These rides credits need to be used in between 5 pm and 5 am Thursday, Friday or Saturday nights. They are hoping to provide up to 150,00 rides by the time that 2018 ends.

TxDOT Stepping Up Its Fight Against DUIs

It is just the most recent effort to get drunk driving stopped in the state of Texas, which over the years has become a big problem and never seems to let up. No matter how many campaigns, education programs, or public service announcements are made, along with common sense, there are still too many Texans who continue driving drunk and place everyone else out on the road in danger potentially.

The Texas Department of Transportation (TxDOT), at the very same time, has been promoting what they call a “creative way” of taking on the drinking and driving problem within the state of Texas. To get drunk driving stopped in Texas, a virtual dodgeball game has been taken on the road by officials to show Texans how much a driver’s reflexes along with their ability to react can be impaired by drinking. Right before the start of the Labor Day weekend, the exhibition was taken by TxDOT to the University of Texas in Austin, partly due to the fact that a majority of alcohol-related accidents involve individuals between 18 to 35 years old.

The way this exhibit works is, a person steps up to a booth, and there is a screen tracking their movements as they attempt to dodge balls that are thrown at them. As this game progresses, the amount of alcohol is raised by the machine and it slows the player’s reaction times down. According to participants, the game started out very easy but ended up being very hard during those 75 seconds worth of gameplay. By the time they were at the end, players said that after having three drinks they were not able to dodge the ball. One UT student at least said that he couldn’t even think about drinking and driving since he wouldn’t have any way of avoiding hitting somebody in that situation. So the exhibit does appear to be effective. تصفيات كوبا أمريكا 2023


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

DWI Lawyer – Guilty Or Not-Guilty?

Houston’s Best DWI Lawyer – How should you Plead; Guilty or Not Guilty

The truth is that you may face several lawsuits or penalties if you are charged with driving under the influence of a substance. These penalties may include losing driving privileges, fine, and even jail time. However, first, you will be taken to court, where you will be required to make a plea before a magistrate. موقع رياضي Therefore, the million-dollar question is; how do you identify whether to plead guilty or not guilty?

A Majority Plead Not Guilty

It is a general rule for many people to plead not guilty to the charges. By doing this, you exercise your right to have a trial or negotiate a plea deal. A NOT Guilty Plea is always the best if you think there is not enough evidence against you for the prosecution to obtain a conviction. كازينو مباشر

The Guilty Plea

A guilty plea is the best generally after you and the prosecution have reached a deal. For example, the prosecution may give you a deal of probation rather than jail time in exchange for pleading guilty. You may also be given a reduced DWI charge, which could make it a bit easier for you to find future employment or getting into school. At the same time, not having a drunk driving conviction record could make it easier to travel to other countries.

What The DWI Lawyer Recommends

It is wise to consult with a DWI attorney before you make your decision about the case. They are in a better position to provide legal counsel by telling you more about your case and possible penalties you may face by pleading both guilty or not guilty. On the other hand, your legal representative will be in a better position to challenge the evidence and have them suppressed. This may increase the odds of your case.

You Can Change Your Plea At Any Time

If by chance you did plead guilty, it may be possible to change your plea at any time before the sentencing. At the same time, if you plead not guilty, you may change the plea during the legal process. However, whenever you ask the judge if you can change your decision, they will ask if the decision is done without duress and of sound mind. By simply answering YES to both questions, the change will be made.

In America, a person is innocent until proven guilty. With this in mind, there is no reason to plead guilty not unless there is a deal on the table by the prosecutor. رهان كرة القدم If you are not sure, it is wise to seek the services of an attorney, who will provide you with insights about your case, making your decision easy.


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

Criminal Defense Lawyer Explains What To Do When A Friend Is Arrested

Know Someone Who Was Arrested? Here Is What To Do

This is one of those situations you never hope you face. You know the one when you get the phone call at 2 AM, which could be someone telling you that they have been arrested. gaminator mobile bonus You know how it is you will get the call from the collect call saying, “You have a collect call from Harris County Jail from an inmate” on the line with the plea from the friend or family member who is looking for money.

If you have never had to face this before you will probably have some major questions like, “how long does it take for people to go to jail?” and “what is going on during the booking?” If you have never seen someone arrested before, you need to realize that you will want to move quickly versus a system that takes its time. You will want to make sure you follow these steps in the proper order to make sure your friend or family member is out of jail quickly. Here is all that you need to know to get them home quickly.

1. Keep Everything On The Right Path

You should keep calm. Now, this may not be that obvious, but you will find that this is going to be one of the top listed things that you need to do. You will want to know about what happened during the arrest by using these three steps:

Politely ask the office for the exact charges.

You will also want to ask the officer the name or location of the jail as to where your friend will be taken to. You do not want to argue with the police office. That will not make anything better and could cause even more problems. If the arrest happened and you were not present, you will want to keep calm. You will want to make the most out of the time on the phone by finding out the charges and location of where they are. If they start to ramble on about the cars, the charges or even details you need to make them stop. You need to get the most out of the limited amount of time you will have on the phone with them.

No matter the charges if it was a small amount of weed or an aggravated assault you will want to make sure you contact a criminal defense lawyer in Houston. Now, this is something you do need to realize is when you are using the phone calls you may not realize it, but some of the phone calls are recorded and used in court. You will want to let them know that you are going to work quickly and stay calm and not to talk about the case until they have hired a criminal defense lawyer.

You may even hear people say, “I think my buddy went to jail, how do I locate him or her?” If you have only heard about the arrest and have not had any contact with them, you will find that you can find websites that are going to make it easier for you to find the charges and know if they have had a bond set or not. Often, you will find the first place to start is going to be the Houston Police Department or the Jails website to see if you can find the information on any of the inmates that are around.

2. Get In Touch With A Bail Bondsman

You will notice that if you do know someone that has been arrested you will want to get in touch with a bail bondsman. This is one thing that you may have never heard, but the hard truth is it can take some time getting someone out of jail. Even if you have followed the cruise to the jail with a million bucks, you still have to wait for the processing and often an arraignment before getting them out. This process can take hours to days depending on the charges.

How can you best speed up the process? sportfogadás odds számítás You will find that you can contact a bail bondsman before you even get in touch with a criminal defense lawyer.

The bondsmen will often have information that you do not have available and this is going to make it easier for you to get the friend out even faster. You will find the bondsmen tend to want 10% of the bail and then they will post the bond and collect your friend from the jail. Not only that, you will find that you can have an extra fee paid that will make the bondsman wait in line or even get the fund delivered to make it easier for your friend to get out.

3. Call Jim Butler At The Butler Law Firm

After the bondsman has been contacted you will want to get in touch with a criminal defense lawyer. You will want to make sure you contact the best legal defense in Houston,  and should that involve DWI charges, that is the lawyers at Butler Law Firm. You will want to make sure you get your free consult as we are available 24/7. nyerőgépes játék

We have helped clients beat multiple charges for DWI, DUI, BWI, and so on. The team is very experienced and going to be looking at protecting the freedom you have each step of the way and answering the questions of, “What to do if you have a warrant?” to “How long will it take me to get to court after I have been charged?”

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

Butler Law Firm Defines A Few Texas Drug Laws

Butler Law Firm – Texas Laws On Possession Of A Dangerous Drug

In Texas, “possession of a dangerous drug” is a charge that can be more complicated than it sounds. Like many states, Texas has its own drug laws that take precedence over federal ones. How does the state define “dangerous? totó tippek sportfogadás ” Does it include drug paraphernalia? Does weed count as “dangerous” in Texas?

These are questions that even a lot of born-and-raised Texans don’t know the answers to. Texas drug law presents a minefield of dangerous to the unwary and uninformed. This is why it’s vitally important to study the state’s rules carefully. A serious drug violation in Texas comes with severe penalties. If you want to avoid long prison sentences and steep fines, read on.

What does Texas Consider A “Dangerous Drug”?

As with so many parts of life, drug law is an area where the state of Texas likes to go its own way. Texas’s drug restrictions and its penalties for violating them differ from those used in other states as well as from federal law. Texas categorizes illegal drugs into 5 different penalty groups. (For in-depth information, see the Texas Edition of the Drug Classification Guide.)

Texas places the drugs it considers most dangerous into penalty group one. Substances in this group command the most serious penalties for possession. Penalties become slightly less severe as you descend down to the least-dangerous group, group 4. Texas sets aside an entire penalty group (group 5) for marijuana. (On a related note, read more here about the Houston area and synthetic weed.)

The applicable Texas laws governing the drugs in penalty group one are fairly clear about defining “dangerous.” The danger posed by group one drugs is considered severe. They are highly addictive and likely to cause significant long-term harm to users. Only medicinal use with a valid prescription or extremely small quantities can help you avoid the strict penalties Texas law imposes on possession of penalty group one drugs. (You should also keep in mind that penalties don’t exactly become trivial as you descend to the less-severe penalty groups, either!)

Texas’s penalty group one drugs include the following:

  • Cocaine
  • Heroin
  • Methamphetamine
  • Hydrocodone
  • Oxycodone
  • Ketamine

Being convicted of possessing any of these drugs in Texas is a felony conviction. Also, Texas laws are set so that individual drug possession charges can be tried separately, resulting in multiple felony convictions.

Although all of the penalties applied for a possession of a dangerous drug conviction in Texas are severe, the exact amount of jail time and the size of the fines imposed on you are going to vary based on the quantities involved. Most of these quantifications are based on weight. The range of penalties is wide and detailed. Possession of less than 1 gram enables the court to impose fines of up to $10,000 and jail sentences of up to six months. At the higher end of the scale, consider the potential penalty levied for a 400-gram conviction: A jail sentence of up to 99 years. Possession of more than 200 grams allows the court to fine you up to $100,000.

LSD is the one unusual case in Texas’s penalty group one drug roster. While other substances are assessed by weight in grams, LSD (because of its extremely low concentration) is measured in “units” instead. Don’t think that Texas is in any way lenient on people convicted of LSD possession. Penalties for the lowest level of possession – 20 units – start with jail sentences of up to 6 months and fines of up to ,000. gaminàtor The severity of the penalties rises rapidly for possession of more units of LSD.

What About Possessing Xanax Or Other Prescription Drugs In Texas? Is It A Felony?

If you were paying close attention to that penalty group one drug list above, you may have noticed the presence of Hydrocodone and Oxycodone. Those are prescription drugs. A lot of individuals get into serious trouble in Texas for inappropriate possession of prescription drugs.

At this point, you shouldn’t get too frightened. You’re not going to be arrested in Texas for following your doctor’s orders and filling a prescription for Oxycodone, for instance. Any attempt to circumvent the lawful prescription system, though, can get you into serious trouble. Possessing drugs like Oxycodone without a prescription, participating in the forgery of prescriptions, or distributing such drugs in Texas are all felonies. Being convicted of offenses like this can earn you serious jail sentences and fines that range from $10,000 to $100,000.

Xanax is another prescription drug that can cause trouble for you in Texas if you don’t have a valid prescription. Xanax is a benzodiazepine normally prescribed for anxiety and depression. It’s also frequently abused and used recreationally. Known on the street as sticks, footballs, bars, or handlebars, Xanax pills are considered a dangerous drug in penalty group 3 if you’re caught with them without a prescription. sportfogadas tippmix

Holding just 28 grams of Xanax (or less) counts as a 3rd-degree felony in Texas. Fines are substantial and jail sentences range from two to 10 years. Possession with the intent to distribute is considered a far more serious felony and the penalties are that much harsher. Punishment for possession of Xanax with intent to distribute can include lengthy state prison sentences, probation, and large fines.

Need Help With A Possession Of Dangerous Drugs Charge?

If you’ve been charged with any of the offenses described here, securing expert legal representation should be your top priority. A Texas district attorney is already building a case for conviction; you need to put your defense team in motion too.


Though The Butler Law Firm does not directly deal with drug charge cases, they are often seen with other DWI charges. We believe in the laws of our state, but sometimes the wrong people end up taking charges for things they didn’t do or weren’t responsible for. It’s always a good idea to acquaint yourself with the local laws so that you don’t run the risk of becoming a victim of them yourself.  Visit our blog for more related articles. We also invite you to contact or call us today if you are in need of the best DWI Law Attorney in Houston.

DWI Laws – How To Clean Up Your Record

Getting A Clean Record With The New DWI Law In 2018

Were you aware there is a new DWI law effective for 2018? Although many individuals are considering new travel experiences, new careers, or new fitness goals for the new year – it is quite different if you are beginning the year embroiled with the legal system.

Between all of the Christmas and New Year’s parties, along with all of the gatherings in between, many people start their year having to face a very expensive question: in Texas, what does a DWI cost? If you are one of these individuals, don’t give up; you don’t have to become another Texas DWI statistic. The state of Texas has a new DWI law. That means there is still time for you to fight back – even if you are facing charges from a DWI case or are struggling following a DWI conviction. Here is how you can start to seal your DWI records in the state of Texas.

Steps For Removing a DWI From Your Driving Record

Before looking into sealing your DWI record in the state of Texas, there will be a specific set of criteria that your case will have to meet to qualify under the new DWI law in Texas. The new DWI law was enacted in September, 2017 and is House Bill 1306 (referred to commonly as the Second Chance Bill). when to clean bed after starting ivermectin

This new DWI law enables certain drivers who have just one DWI conviction on their records the opportunity to have the charges sealed from the public record. When your charges are sealed, that means your DWI conviction will not be visible to landlords, employers, or crazy significant others who may conduct a preliminary background check on you. ivermectin drugs

Do You Meet These New DWI Law Requirements For Having Your Record Sealed in Texas?

  • You are eligible, under the new 2018 DWI law, for a “Second Chance” as long as your DWI conviction does meet these criteria:
  • At the time you were arrested your blood alcohol concentration (BAC) could not have exceeded 0.150.
  • Your DWI didn’t result in getting into an accident with another individual
  • You have completed all of the aspects that are part of your sentencing successfully, including court fees, fines, and probation.
  • You have a clean criminal history minus your one DWI – excluding traffic tickets.
  • Two years or more have passed since your DWI probation was completed.

If it sounds like you meet these criteria, the next best step you can take is to consult with a Houston DWI attorney is to help you start the process of getting your DWI records in the state of Texas.

If the chance for sealing your records in the state of Texas isn’t something you are convinced of quite yet, then think about how nice keeping your driving privileges in place will be, and not needing to roll the deice each time you apply for a job or not having to pass up on a nice apartment you want to rent.

“What Do I Do Next After Getting Charged With A DWI?”

If you were charged with a DWI recently in the state of Texas, then you will act quickly. You have just 15 days to get your driver’s license saved. The Texas Department of Public Safety, along with your criminal case, will pursue a license DWI suspension against you as well. You can only prevent that through contesting it at an ALR hearing. does ivermectin kill red mites on chickens Make sure you aren’t fooled since things will not slow down after that.

Getting your charges dropped or obtaining a “Not Guilty” verdict requires all of the factors involved in your case to be carefully analyzed. The video of your field sobriety test in Texas needs to be scrutinized, including the condition and cleanliness of the DWI blood test equipment that was utilized during your arrest. It takes time to build the best case possible, and each case is unique. The sooner you get an experienced DWI attorney hired to review your case, the sooner you will be to getting your freedom reclaimed.

Don’t Allow a DWI To Take Your Year Away

DWI charges and convictions make it difficult to take advantage of many opportunities in life. However, your freedom can be in reach still. Whether you are facing new DWI charges, or need help with getting your DWI conviction seal under the new 2018 DWI law, Jim Butler and his Butler Law Firm team are here to assist you. Your road to freedom begins today. Give us a call today to get a free consultation scheduled for your, or a loved one’s, DWI case.


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

The Open Container Law And How It Works For Houstonians

How The Open Container Law Works In The State Of Texas

Are you planning a road trip or vacation soon? You may want to research the Texas open container law before you head out. Despite all of the money that is spent by the state on ad campaigns and anti-DWI initiatives, they don’t use nearly as many resources on informing individuals on how the DWI and open containers laws actually work in Texas.

This has resulted in numerous Texans finding themselves mistakenly breaking laws due to not really understanding how these laws work, to begin with. There are many myths about drunk driving out there, and a perfect example of that is the Texas open container law.

The Texas open container laws have more dimensions to them than some people might think they do. Things that you don’t know or understand can result in some very costly criminal charges. Before heading out this weekend, get the entire story on the Texas open container law and be aware of all of the facts that all Texan drivers need to know.

The History of the Open Container Law in Texas

The history of Texas’ open container law is actually fairly straightforward. However, all of the changes surrounding expungement, DWI, and open containers make it hard to stay current on all of the nuances related to the laws. Today’s open container law was first passed in 2001. The Texas open container law was a significant aspect of the state of Texas becoming stricter on driving and drinking.

What Texas Considers to be an Open Container

In order to understand the open container laws in Texas, it is very important to know what is considered to be an “open container.” An open container in Texas refers to any unsealed flask, can, bottle, or other device used for holding alcohol. For instance, an open can of beer or half bottle of vodka is considered to be open containers of alcohol. By contrast, a bottle of booze that was fully sealed would not be. موقع كاش يو

An open container of alcohol only becomes a crime if it is located in a motor vehicle’s “passenger area.” What that means is that the open container would have to visible as well as within reasonable reach of the driver’s seat (in the back seat rolling around, on the passenger seat, in a cup holder, etc.).

An open container isn’t technically considered to be within the “passenger area” if:

  • In the area that is located behind an upright seat (if there is no trunk in your vehicle)
  • In your vehicle’s trunk
  • In your glove compartment or other locked storage area inside your vehicle
  • Another important aspect of this law is that it applies whether you are stopped, moving, parked in, or right next to any public road.

Texas Open Container Laws and Passengers

Were you aware that the Texas open container law also applies to passengers? So, if a friend of yours is hassling you about bringing along a roadie as a rider, he isn’t simply trying to be mean. Technically the open container is within the “passenger area,” and both the vehicle’s driver and passenger who has the alcohol can be charged for possession of an open container, even when the driver is 100% sober.

Exceptions To The Open Container Law in Texas

There are some exceptions to the open container law in Texas for a couple of reasonable situations. For instance, if you are a passenger in a limo, train, bus, or taxi, you might be able to able to claim an exception from the open container law in Texas.

If you have a motorhome, self-contained trailer, or a recreational vehicle (RV) you might meet other exceptions to the open container law in Texas. Open containers inside of the living quarters of those vehicles usually considered to violate the law. بطوله امم اوروبا 2022 Remember that each situation is different and may drastically change if in the process you committed other crimes.

Texas Open Container Penalties

Possessing an open container in Texas is a Class C Misdemeanor – or a traffic ticket, in other words. If your blood alcohol concentration is under .08 and you haven’t committed any other crimes as part of the process, you and/or your friends will be issued a fine and ticket. In Texas, the open container fine is a maximum of $500.

A violation of the open container law isn’t the same thing as a DWI. That means that the Texas open container law doesn’t place you at risk of immediate arrest or time in jail as long as you are actually sober when the traffic stop occurs. However, an open container charge can become a lot more serious if it is discovered that you are in violation of DWI probation or have a DWI license suspension in the state of Texas from a prior DWI.

Another thing that you need to be aware of is if you are caught drinking and driving, then the last thing you will need to worry about is an open container misdemeanor. If you are caught drinking and driving it most likely will result in more serious charges, which can include a DWI charge.

Keep in mind that a Class C Misdemeanor might not be harmless. Getting a misdemeanor from the open container law in the state of Texas can affect financial aid and college admissions for students, potentially licensure and employment for professionals, and higher insurance costs as well.

Defenses Against Open Laws in Texas

Aside from the exceptions to the open container law, there are a number of defenses that are available in Texas against the open container law. If you are subjected to an unlawful search or an illegal traffic stop by a police officer a skilled attorney might be able to help you successfully defend these charges.

Have You Been Charged Unfairly? ألعاب فلوس Give The Jim Butler Law Firm A Call Today.

Even what appears to be a simple open container charge may be made unjustly or be used as a form of illegitimate evidence for a phony DWI charge. So if you or a loved one is facing a DWI charge in the state of Texas, don’t entrust your case to a second-rate defense or let time run out. Instead, hire Jim Butler, the premier DWI lawyer in Houston, today.