Tag: Dwi Attorney Houston

7 Ways To Address Being Arrested After A DWI In Houston

7 Things To Know After Being Arrested For A DWI In Houston Texas

Being arrested for a DWI can be a very confusing and stressful experience. One that can make you feel like you are in a corner with little to no options.

  • Is it a good idea to speak with law enforcement officers? beoutq com
  • Should you hire a DWI attorney to represent you?
  • Is jail in your future? What should be your next course of action?

These are common questions that people ask themselves at the time. We know how difficult it is to stay grounded when you are faced with DWI charges, especially if this is something that you have never experienced before.

Here are 7 points to keep in mind if you are in this situation.

1. Failing a field sobriety test does not mean that the prosecution has solid proof.

Many times this is entered as undeniable proof that someone was under the influence, but many defense experts know that this is disputable.

In some cases, these tests are only used as a method of having proof against you when you head to court. For instance, if you are asked to stand on one leg and you cannot, this is deemed proof of intoxication.

The reality is that numerous weather, physical and medical issues that can contribute to a failed result. paypal عربي In addition, these tests have to be administered precisely. If this is not all considered when the test is given, the results should not be made admissible.

Do not allow these tests to make you afraid. The Butler Law firm knows many ways to defend you in court if you have failed a sobriety test.

2. Breath and blood tests are not solid evidence.

Regardless of what you have been told and what you have seen on those TV crime dramas, it is just not that simple. While they are often looked at as rock-solid evidence, there is a margin of error that cannot and should not be ignored.

Blood samples are handled by many different people and there is always a chance that contamination has occurred. The machines used for these tests are not perfect either. They have to be calibrated regularly and maintained properly. If not, the results they are giving may not be accurate at all.

Whether you agreed to a breath or blood test or you are in an area where you are not allowed to refuse, a qualified DWI lawyer will have all of the skills needed to challenge this.

3. Police can make errors.

A DWI charge does not mean that you are automatically guilty. Police are humans, which means that they can make mistakes like the rest of us. Keep in mind that errors during the field sobriety test are not the only type. They can also fail to adhere to the law as they are required to do. As a result, the case is skewed from the start.

There are many cases where entire cases were dismissed because the arresting officer made a mistake somewhere during the process. A bad arrest does not have to lead to a conviction.

4. A license suspension can be challenged.

After you were arrested for DWI, it is very likely that the public safety department in Texas started proceeding to have your license revoked or suspended. If you took the word of the police, you probably believe that you have no choice in the matter.

This is not the case at all.

Once you have received a notice about your license being revoked, you have 15 days to dispute this. Your attorney can request a hearing where the suspension can be contested. When the request is filed, your suspension is placed on hold until after the hearing.

Driving with an occupational license and paying huge fees to get your license back is not the only choice you have. We have challenged numerous DWI license suspension hearings.

If you received notice recently, there is only a small window of time where this can be fought. Get in touch with a DWI lawyer right away to get the process started.

5. Calling a bondsman is not necessary.

If you were tossed in jail for a DWI charge, you are probably focused on getting out to be with your loved ones and prepare for the legal battle ahead of you. Most people think that calling a bondsman is the only way to expedite the process.

There is actually a much faster route -getting in touch with a qualified defense attorney. In the state of Texas, as long as an attorney has been hired to defend you, they can act as your bondsman.

You can actually save money and speed up the court process by having your attorney post your bond. Hiring a skilled attorney who will add your bond to your legal fees is the best course of action.

6. All lawyers are not the same.

As you may have figured by this time, DWI cases are typically very tricky. Every case has its own legal, physical and scientific factors that make it different from the others and all of this must be considered when you head to court.

Consider this: You would not hastily hire a random doctor to operate on your brain, especially if that is not their specialty. This is the same as hiring a random attorney to help you with a DWI case.

When your life, license and everything else is on the line, you need a DWI attorney that stays current and maintains certifications in this particular specialization. Finding a cheap lawyer should not be your focus. العاب حقيقيه The goal should be to find someone who will offer you the best outcome.

Jim Butler specialized in drug and DWI cases. Nothing else. Defending Texans against DWIs is our focus, period.

7. You can wage a battle against DWI charges.

Police will try to make you believe that a guilty verdict is the only possible outcome, but there are legal maneuvers your attorney can use to ensure a different result.

Having a solid criminal defense attorney fighting your DWI charges is essential if you want to regain your life. We have won many trials and have had hundreds of charges dismissed without having to go to court at all.

Talk to us today or contact us for more information on what to do in your case.

Take A Look At These Facts On A Houston DWI

The Facts About a Houston Texas DWI

Laws & Facts About A Texas DWI

Are you interested in learning more about Texas and specifically Houston DWI laws?  Here are some facts that will help you understand the facts about a Texas DWI and more importantly your rights.

Be aware, you do not have to take a breathalyzer or a blood test. török fogadóiroda

But, refusal to take these tests may result in a driving suspension for 180 days if you are a first offender.

If you have chosen to refuse the breathalyzer or blood test or you have failed one or both tests, you have 15 days to request a hearing.  Without doing so, your driving privileges may be revoked.

It is more difficult to be convicted if you have refused the sobriety tests.  This is because there is not concrete evidence a prosecutor can use.

Remember, you are not required to answer questions that may be incriminating if you are pulled over.  These include “how many drinks have you had?”  Or even asking “if you have been drinking tonight.”

In Houston, in order to be convicted, prosecutors must prove, without a reasonable doubt, that you were driving with a blood-alcohol level over the legal limit.  They must also prove that you were mentally or physically unable to drive. gyümölcsös nyerögépes játékok ingyen

The minimum term of confinement for receiving a DWI is 72 hours.  This is a misdemeanor, Class B.

In Texas, intoxication is classified as not being able to use your “mental or physical faculties” because you have either had too much to drink or you have taken a controlled substance.  Or, it is also defined as having an alcohol concentration of about .08.

If you are under the age of 21, you may be charged with a DWI that is called zero tolerance DWI.  This may happen if you have any trace of alcohol in your blood.

Remember you are always entitled to a jury trial.  If you request this, all 6 members of the jury would have to find you guilty, not just one judge.

Texas DWI Punishments

First DWI Offense

  • You may be charged up to a $2000 fine.
  • Minimum jail of 72 hours up to 6 months.
  • 90 days to a 180-day suspension of license.

Second DWI Offense

  • You may be charged up to a $4000 fine.
  • Minimum jail of 30 days to 6 months. 887 tippmix
  • 6 months to 2-years license suspension.

Third DWI Offense

  • You may be charged up to a $10000 fine.
  • Minimum jail of 2-years to 10 years.
  • 6 months to 2 -year license suspension.

DWI Driving With A Child Passenger That Is 15 Or Younger

  • You may be charged with a fine up to $10000.
  • You face jail time of 180-days to 2-years.

Butler Law Firm Can Help

At Butler Law Firm, Mr. Butler will do anything he can to quickly and painlessly resolve the issue for his clients.  He has extensive experience in dealing with DWI’s and knows the laws extremely well. He will go the extra mile to make sure the issue is resolved in the best possible way for his client.  Contact his office directly for a free consultation. Call now for immediate assistance.

A Closer Look At The Consequences Of Receiving A DWI In Houston Part II

DWI In Texas: An Overview Of The Penalties Part II

Discover The Penalties For A DWI In Texas (Continued)

You may get a suspension of a jail, fine, or even have your license suspended and this is commonly called probation. Something else that you could notice is that this could be seen as a conviction for the DWI and it could be going to jail, paying a fine, or even losing your license.

Example: The Judge says, “Mr. Defendant, you have a sentence to jail for 180 days and a fine of $2,000.00, and you have a suspension of your driver’s license for a year.”

The defendant may reply, “I can’t believe that I am going to jail!” that is how you could feel and then you will have a relief as the judge could say, “I am going to put a probate on the sentence. The time is probated for a year time, have to pay a 1,500.00 fine, and the suspension of your license is probated. 888 كازينو

This is going to mean that you are going to have the chance to avoid the jail time if you behave for a year, but only have to pay five hundred bucks of the fine, and if you still behave for the year your license will not be taken.

“Wait” is the common reply followed up by what does behave mean? What this means is the judge has just given you a great deal that you should not refuse. This deal is simply a contract between you and the court, basically saying that the judge will not put you in jail or pay the entire fine or remove your license.

The difference is you are going to have to agree to a probation time period and you are going to agree to these items:

  • Have a probation officer to report to monthly.
  • Not to go out and commit any more crimes during probation.
  • Pay a supervisory fee that is going to the probation office each month.
  • Make sure you get a set amount of community service hours completed.
  • Make sure that you are going to educational classes that will teach you about the impact that alcohol can have on you and others who are involved in DWI accidents. موقع المراهنات العالمي
  • Not be able to drink any type of alcohol during your probation.
  • Pay the fines that are not probated and the cost for the court.
  • You will have to submit to a breath test when it is asked of you by a law enforcement officer or even a court official.
  • Have the alcohol ignition locking device installed on your car if you are required and only use the cars that have this device.
  • Often you have to make a donation to a crime-fighting organization.
  • You have to remain at your current residence unless the court allows you to leave it.
  • Meet any other requirements the court sets forth.

While the punishment in Houston is not the same as everywhere else, you will find that punishment, in general, will be the same. What else you need to consider is prior convictions can easily lead to you getting a misdemeanor or even a felony. مواقع الرهان على المباريات If you have already been arrested for a DWI then you will most likely have a punishment that can change your life.

Contact Butler Law Firm or call us today for more information. For more related articles, visit our blog.

A Closer Look At The Consequences Of Receiving A DWI In Houston Part I

DWI In Texas: An Overview Of The Penalties Part I

Drivers convicted of their first DWI in Texas face a fine, a driver’s license suspension, and the possibility of a jail sentence. The precise limits of these penalties depend on the driver’s BAC.

At or below 0.15 BAC, a first-offense DWI in Texas is considered a Class B misdemeanor. The fine imposed will not exceed $2,000. License suspension will be for a period of 90 to 365 days. Jail sentences, when imposed, ranging from 3 to 180 days.

If the driver’s BAC is above 0.15, a first-offense DWI in Texas becomes a Class A misdemeanor. This increases the upper limit on the fine to $4,000 and the maximum jail sentence to one year.

If you are convicted of a first-time DWI and your BAC was between 0.08 and 0.14, you may apply for “non-disclosure” status. This can only be done two years after the end of your probation. You are also obliged to install an ignition interlock device and use it for 6 months. Non-disclosure status limits who is allowed to look at your criminal record. Talk to your attorney to learn more about non-disclosure. kínai bukméker meggyilkolása

A DWI conviction for a second offense in Texas raises the limits on the penalties again. The fine imposed can be as high as $4,000, the jail sentence can range from 30 days to 1 year, and the driver’s license is suspended for a period of 180 days to 2 years. Second offenses count as Class A misdemeanors.

The DWI penalties in Texas rise again for a third offense. Fines rise to $10,000, jail sentences range from 2 to 10 years, and license suspension can last between 180 days and 2 years. A third-offense DWI conviction counts as a 3rd-degree felony. This means prison time must be served in a state prison rather than a county jail. A felony conviction also curtails your right to vote and own firearms. rabona kaszinó online

When a Texas DWI also involves an open alcohol container, a minimum jail penalty (6 days) is imposed.

A DWI that involves serious bodily injury with intoxication as a proximate cause may become Intoxication Assault. This imposes more severe penalties if you are convicted. Prison sentences may be up to 10 years and there is a two-year minimum sentence. Even if the sentence is probated, the convict must serve at least 30 days in jail. Fines for intoxication assault can be up to $10,000. Intoxication assault is a 3rd-degree felony.

Your trial may also determine that you were driving in a way that made your vehicle a “deadly weapon.” In that case, additional penalties disqualify you from early prison release (No good time credit). An absolute minimum of half of the sentence must be served prior to release.

When a DWI causes a death and intoxication is verified as the proximate cause of death, the responsible party can be tried for Intoxication Manslaughter. If found guilty, you can be sentenced to a fine of up to ,000 and/or a prison sentence between 2 and 20 years. mobile gaminator Intoxication manslaughter is a 2nd-degree felony. Even when probation is granted, convicts must serve at least 120 days in jail. As above, intoxication manslaughter may have a “deadly weapon” provision that prohibits good time credit while serving a prison sentence.

DWI with a child passenger is a special case that applies when a driver has another person in the vehicle under the age of 15. This is a state jail felony that demands a prison term of at least 180 days and up to 2 years. It also imposes a fine of up to $10,000.

Most DWI convictions in Texas produce probation. Citizens involved in a DWI case are strongly encouraged to study the full meaning of probation before considering the specific penalties that might be assigned with a DWI/DUI attorney.

For Part II, visit our blog. If you would like more information, please don’t hesitate to contact us or call Butler Law Firm today!

A DWI HOUSTON LAWYER SHARES BACK-TO-SCHOOL DRIVING SAFETY TIPS

A Houston DWI Lawyer Shares Driving Safety Tips For Back To School

At the end of summer, millions of children will return to their classrooms. The Texas Department of Transportation is reminding all drivers to be cautious and aware of all the school zones as activity around schools begin to increase. Last year, there were more than 660 vehicle accidents in school zones in the state of Texas. No deaths occurred; however, there were 21 serious injuries. In the months of August and September in 2014, there were more than 105 vehicle crashes in school zones. The most common reasons for vehicle crashes in these areas were due to failure to yield the right of way at a stop sign, failure to control speed and driver inattention.

Driving Near Schools

The speed limit around schools can be different, so it is vital that you pay attention to speed limit signs in the area and the times that these speed limit signs are in effect. For example, a speed limit sign may say that a lower speed limit is enforced during school days and school hours. However, it is also important to know that if the information is not included on the sign, that the decreased speed limit is enforced even when school is not in session. Knowing the laws concerning speed limits and school zones is vital to avoid a ticket and more important to ensure that the children who attend the school remain safe.

Driving While Intoxicated

At the beginning of the school year, there are many parties that are attended. Remember driving while you are drunk is not only illegal but it is also dangerous. tippmix szelvény ellenőrzése furthermore, drinking under the age of 21 is illegal. Even if you follow all traffic laws, it is important to remember that not everyone follows the rules. This is why it is important that your drive carefully. You should also try to stay off the roads during the weekends, late at night and in the early mornings. sportfogadás online tippek If you have children who are in high school or in college, you should discuss the dangers associated with driving while they are intoxicated. Make sure to reach out to a Houston DWI Lawyer for help if you are seeking legal representation.

Remain Alert

The areas around schools are filled with excess traffic, kids walking around, cars stopping and stopping, dropping off passengers and students on bikes. With all of this activity, driving can become tricky and dangerous. The peak times for this activity is between 7:00 am and 8:00 am and 2:00 pm and 3:00 pm. During these times, make sure that you remain alert and follow the speed limit signs in the area. Most schools have a school zone speed limit to help ensure students remain safe around schools.

School Bus and Carpooling

Buses and carpooling can help decrease the amount of traffic in school zones and the surrounding areas. Carpooling decreases traffic congestion and offers a great energy efficient alternative. tml sportfogadás Furthermore, it helps keep the roads safer. Students and parents can help by picking up other students that live near them. Another option is to ride the school bus. This option is great when the student cannot drive and the parent cannot take them to school. School buses provide a way to transport a large number of students without congesting the area.

Take Your Time

Mornings are so crazy when trying to get children to school and parents to work. You can help lower your stress level and give yourself extra time to safely get yourself and your children to work and school. Prepare your lunch, pack your bag and choose your clothing to speed up your morning routine. Setting your alarm a little early can help you prevent from rushing. Being late can cause drivers to drive aggressively. Although being late is common, it can cause traffic violations. Even if you are running late, make sure that you drive cautiously and carefully.

Stay Off Your Cell Phone

It can feel impossible to stay off your phone when you are trying to locate and pick up your child from school. However, most schools have cell phone zones that allow you to stop and call your child to find where they are. This allows you to locate your child before entering the pickup zone. If your school does not have a cell phone zone, plan a time and a place to meet with your child to keep you off the phone while driving.

Visit A Houston DWI Lawyer

The Butler Law Firm is available to speak with you about your DWI issues all you have to do is contact a Houston DWI Lawyer right now. If you are interested in reading more related content be sure to check out our blog. We are here to assist you and your legal matter, call us today at (713) 236-8744.

Driving While Intoxicated Vs Public Intoxication With A Houston DWI Lawyer

Houston DWI Lawyer Breaks Down The Differences Between Public Intoxication And Driving While Intoxicated

Contrary to popular belief, there is a significant difference between driving while intoxicated and public intoxication within the state of Texas. While public intoxication is considered a minor criminal offense in many situations, particularly as a first conviction, this does not mean that problems will not arise for individuals arrested with this charge. This is particularly true if the investigating officer believes the suspect is under the influence of drugs or illegal substances. Moreover, it can take multiple public intoxication convictions before punishment for the crime is severe. باريس سان جيرمان التأسيس The same, however, cannot be said for people convicted of driving while intoxicated. Despite both charges being evaluated according to a person’s prior criminal record, driving while intoxicated is considered a more serious offense and can result in a felony if certain circumstances are observed by the arresting officer. For example, according to a Houston DWI Lawyer, driving while intoxicated can become a felony charge if the intoxicated individual, irrespective of their criminal history, is arrested with a child passenger.

1. Public Intoxication

A charge of public intoxication in Texas is not filed as a person merely drinking in public, even when they are obviously intoxicated. Arresting officers will rarely administer breathalyzer tests, unlike in the case of a driving while intoxicated charge. For a person to be arrested for public intoxication, all one requires is the testimony of the arresting officer for evidence. Due to the fact that the charge is a minor one, many officers do not want to waste resources gathering evidence for public intoxication charges. However, if the suspect is acting erratically and appears to be a danger to themselves or others, resources may be used. If not, public intoxication cases are commonplace for officers.

2. Driving While Intoxicated

A DWI in Texas is a charge far more serious than public intoxication within the state of Texas. To date, there is no blood alcohol concentration level allowing the state to assume a person is intoxicated as part of a public intoxication charge; however, this is not the case with driving while intoxicated charges. If a person is found to be driving a vehicle with a blood alcohol concentration level of .08, they will be charged as driving while intoxicated because this level is above the legal limit. Moreover, people who refuse to complete a breathalyzer test will have their driving privileges suspended for a period of 180 days, as well as being charged with a DWI.

Intoxicated drivers with a blood alcohol concentration level of .15 or above with being charged with a DWI and a higher-level offense. It should also be noted that drivers with a blood alcohol concentration level of .08 can be charged with higher-level charges if there are external circumstances, such as a child riding in the car as a passenger. The intoxication assault charge can be filed if a drunken driver is involved in an accident, and this charge often results in personal injury lawsuits with long-term prison sentences. Drivers found to have illegal drugs in their system may also be charged with the driving while intoxicated offense.

What Are The Penalties Involved?

Penalties for public intoxication charges are typically set at $500 with a mandatory detox jail stay. Of course, this will depend greatly on the circumstances associated with the charge and whether the individual is to be convicted. As can be assumed, the penalties associated with driving while intoxicated charges are much worse. A first-time DWI offender can receive a jail term sentence, along with a high financial penalty.

Moreover, the suspension of the driver’s driving license is a mandatory penalty for DWI charges; however, the length of suspension varies according to the case. الفائز بكاس العرب 2024 If there are multiple offenders, then it is necessary for the people to serve a minimum jail term according to Texas statutes. مكافأة كأس العرب Once again, this will vary on the material presented in the case and if there is an accident involved. If fatal accidents occur, the individual can be charged with vehicular homicide or manslaughter charges requiring sentences of at most 20 years in prison if charged.

Hiring A Houston DWI Lawyer

For more related content be sure to check out our blog. If you would like to speak with a Houston DWI Lawyer then make sure to contact us today by giving us a call at (713) 236-8744.

What Is Intoxication Manslaughter?

What Is Intoxication Manslaughter And How Is It Punished Under Texas Law?

A common question we are frequently asked is “What Is Intoxication Manslaughter?” Intoxication manslaughter is a category of homicide that applies to situations where a drunk driver causes a death. This type of homicide is considered as an independent offense in the state of Texas. There are similar laws in a few other states, but the term intoxication manslaughter is unique to Texas. Other states refer to this category of homicide with terms such as vehicular manslaughter, or DWI Manslaughter. A DWI in Texas is something that should not be taken lightly, contact your

What Is The Difference Between A Homicide, Murder, And Manslaughter?

A Houston DWI Lawyer, the term homicide is used when a person kills someone. The term applies if someone kills an attacker in self-defense. In this scenario, homicide isn’t illegal. Murder and Intoxication Manslaughter are two types of criminal homicides. Murder applies when someone kills a person on purpose, while manslaughter applies when someone kills a person without meaning to. There is no malice or premeditation in manslaughter, and it is considered as a lesser offense compared to murder. Punishment is less severe since the person didn’t mean to kill anyone and typically has an excuse or explanation. If you are facing charges for a DWI, make sure to contact an experienced Houston DWI Lawyer immediately.

In Which Situations Does Intoxication Manslaughter Apply?

Intoxication manslaughter applies whenever a person operates a vehicle while intoxicated and kills someone. The victim can be a passenger, the driver of another vehicle, or a pedestrian. Intoxication manslaughter applies if death isn’t immediate and is a result of injuries sustained during a crash caused by an intoxicated driver.

What Is Intoxication?

Alcohol isn’t the only substance that can cause intoxication. A person is considered as intoxicated if they are unable to function and operate a vehicle because they drank alcohol or consumed illegal substances. Prescription medications can also cause intoxication. There are cases where people mix different substances to get high and become intoxicated. From a legal point of view, it is possible to determine if a person is intoxicated by using blood alcohol level tests, drug tests, or a field sobriety test. People can be considered intoxicated from a legal point of view even if they can still function and don’t feel drunk or high since there is a legal limit for one’s blood-alcohol level.

Is Intoxication Manslaughter Limited To Car Crashes?

A Houston DWI Lawyer explains that even though most intoxication manslaughter cases involve car crashes, this law applies to other situations as well. An intoxication person can cause a death by operating a boat, airplane, or another type of vehicle. The definition of vehicular manslaughter is broad under Texas laws. The law provides some examples, such as an intoxicated person assembling an amusement park ride and involuntarily causing a death. como se toma la ivermectina en pastillas de 6 mg The definition of ‘vehicular’ is broad in most states.

What Is Voluntary Intoxication?

The Texas intoxication manslaughter law mentions voluntary intoxication. This is an important detail because it means that this law applies only to situations where a person voluntarily consumed a substance that resulted in them being drunk or high. This doesn’t mean someone is protected if they consumed a substance they didn’t think would impair their ability to drive. This provision was added to the law to create an exception for individuals who become intoxication after consuming a substance they didn’t take voluntarily.

What Is The Typical Punishment For Intoxication Manslaughter?

According to a Houston DWI Lawyer, intoxication manslaughter isn’t punished as severely as a murder. However, it is still considered a homicide and carries stiff penalties. The punishment varies in function of the circumstances of the accident that resulted in death. If you are wondering if a DWI is a felony make sure to check out our website. Leaving the scene of the accident often results in more serious punishment. State laws can also affect how intoxication manslaughter is punished. Here are the most common punishments for this crime:

– Prison Sentence

Intoxication manslaughter is considered a felony and can result in a prison sentence. The length of the typical prison sentence for this crime varies from one state to another. In some states, it is possible to get a 20-year prison sentence for this crime. In Texas, intoxication manslaughter is considered to be a second-degree felony. This means the prison sentence can last between two and 20 years. If someone is sentenced to a long prison sentence, there usually is a minimum sentence they have to serve before becoming eligible for parole. ivermectin for inflammation In Texas, someone convicted of vehicular manslaughter would have to serve a minimum of two years in prison before becoming eligible for parole. ivermectin for dogs buy online

– Hefty Fines

Fines are often associated with a prison sentence as a punishment for intoxication manslaughter. Fines can exceed $10,000, but Texas laws set a limit of $10,000 for fines.

– Community Service Hours

Community service is mandatory in Texas for anyone convicted of this crime. This is a common punishment in other states as well. In Texas, a criminal convicted of vehicular manslaughter would have to serve a minimum of 240 hours of community service but the court can decide to impose more hours.

Houston DWI Lawyer

To learn more about intoxication manslaughter and related content, be sure to visit our blog. If you have any questions or wish to speak with a Houston DWI Lawyer, call the Butler Law Firm at (713) 236-8744.

How Does A DWI Affect Car Insurance

Houston DWI Lawyer: Can A DWI Affect My Insurance?

If you drive while intoxicated in the state of Texas, you will need to deal with serious consequences. Not only will you be arrested with a driving while intoxicated charge and held in jail, but you could also experience various financial problems including fines and higher insurance premiums. Below is a review of the different laws for a DWI in Texas, as well as how it can affect one’s insurance if you were convicted of a DWI charge. If you have been charged with a DWI, it may be best to speak with a Houston DWI Lawyer immediately. Remember, your prior driving record plays a significant role in determining the cost of car insurance, and any prior convictions can translate into high car insurance rates. We will explain why insurers are so concerned with DWI charges.

1. Driving With A High Blood Alcohol Content

If a person has a blood alcohol content of .08 percent or higher, the individual can be arrested for driving under the influence of alcohol. People holding commercial driving licenses, also known as CDLs, can be considered intoxicated if they present a blood alcohol content of .04 percent or above. A minor caught driving while intoxicated can be arrested and taken into custody regardless of their blood alcohol content level, as long as they have some detectable amount of alcohol within their system.

2. How Can A DWI Affect Your Driving Record?

If you are charged and convicted of driving under the influence of alcohol, you will find it has a negative impact on your driving record. If you are charged in the state of Texas, the charge will remain on your driving record as Texas law does not allow drivers charged with DWI to have the data expunged from their record. Furthermore, it does not remove a record of any driving license suspension or revocation.

3. How Can A DWI Charge Influence Insurance Rates?

According to Insure.com, being charged with a DWI in the state of Texas can have detrimental effects on a person’s insurance rates. After a conviction, the insurance rate can increase by between 30 and 200 percent dependent on the details of the case and the driver’s policy provisions. The majority of drivers are surprised when an insurance company cancels their policy after a DWI conviction; however, insurance companies do not want the risk of insuring people who present with criminal records and questionable driving backgrounds.

4. What Is The SR-22?

In the state of Texas, a driver who is convicted of DWI needs to obtain an insurance rider known as the SR-22. لعبه ضومنة The SR-22 is designed to ensure that high-risk drivers maintain a suitable level of car insurance for a minimum of 2 years following their DWI conviction. As the driver is considered a high-risk option following their DWI conviction, the use of the SR-22 can result in a dramatic increase of car insurance rates. The Butler Law Firm is here to assist you with your case if you are in need of legal representation from a Houston DWI Lawyer.

5. What Are Other DWI Factors To Consider? الكرة اون لاين

Additional factors that could alter a person’s insurance premium following their DWI conviction, involves the driver’s age and gender. أصل لعبة الدومينو Believe it or not, age and gender play a large role in insurance premium calculation after DWI convictions within Texas. Moreover, people who maintain good driving records after their conviction will pay less for insurance because they are placed in the lower risk group.

Speak With A Houston DWI Lawyer

If you are charged with a DWI within Texas, it is recommended that you contact a Houston DWI Lawyer immediately. By hiring a Houston DWI Lawyer, you will protect your interests during court proceedings and can ease the associated stress of a DWI case. You can find content related to DUI car insurance by checking the Houston DWI Lawyer blog(713) 236-8744.

 

What Is The DWI Implied Consent Law in Texas?

Implied Consent DWI Texas Laws – Refusing A Breath or Blood Alcohol Test

What is Texas DWI Implied Consent Law?

The Implied consent law says that Texas drivers who are arrested lawfully for the DWI to take chemical tests to determine their blood alcohol concentration or BAC. egy kínai bukméker meggyilkolása teljes film Tests also detect drugs in a driver’s system. Texas uses DWI instead of a DUI. For a lawful arrest, an officer has to have a probable cause to detect that you have been driving while under the influence of drugs or alcohol. An officer decides which type – a breath or blood – test that you are asked to take. When you agree to take the test requested by the officer you can rightfully have a blood-test done within 2 hrs of your arrest by a medical expert. You may choose the person but you must pay for it. Ordinarily, an officer can’t force you to do a test. If for any reason you choose that you do not want to get tested, there are consequences but the police officer must respect your decision. For legal representation, you can contact a Houston DWI Attorney at the Butler Law Firm. BAC testing is mandatory under the following circumstances:

  1. You were involved in an incident/accident where death or serious injury occurred.
  2. You were previously convicted for an assault while intoxicated, an intoxication manslaughter, two other previous DWI convictions or just one when a child was in the vehicle.

Arresting officers are required by state law to provide you with the details of the consequences for refusing a test. You may be fined, get jail time if you are convicted, or lose your drivers license. You must also be told that you do not have the right to talk to a Houston DWI Attorney before taking the test and that a refused test can be used against you in a court proceeding.

Implied Consent and Pre-Arrest Tests

Implied consent laws do not require drivers to submit to chemical tests before a lawful arrest. To establish probable cause for an arrest to be made an officer may ask a driver to take a preliminary alcohol screening test or PAS. This test is done using a handheld breath test or breathalyzer outside the car.

Refusing A Post Arrest Exam

If you refuse to take a test, the penalty is a 180-day suspension of your driver’s license. You may lose a license for 2 years if you decide not to take a test that you have on an alcohol or drug enforcement contact in the past ten years. ingyenes nyerőgépes játékok letöltése Prior enforcement contacts include DWI convictions, BAC test refusals, and fail BAC tests.

Is it OK to Refuse a Required Chemical Exam?

It all is dependent on the consequences. Refusal may not keep you from being convicted because you could be found guilty without the results of the test. The prosecution can take up an argument with a jury that shows your refusal to take a test as a show of guilt. You were aware of your intoxication and so, you refused the test. gaminator 777 bonus code 2021

Talk To A Houston DWI Attorney

If you have been arrested in Texas for a DWI, now is the time to get assistance from knowledgeable DWI attorneys like those at Butler Law Firm. A DWI is a conviction that carries serious consequences including one that involves repeat offenses or physical injuries. You should hire a Houston DWI Attorney who knows the legal local court system and all the laws pertaining to DWIs. Make sure to call the Butler Law Firm at (713) 236-8744.

 

A Houston Lawyer Covers The Criminal And Administrative Penalties For A Second Offense DWI In The State Of Texas

A Houston Attorney Explains The Potential Punishments For A DWI In Texas?

DWI 2nd offense is a very serious charge. The State of Texas says that a second offense DWI is a charge for when you get arrested while driving while intoxicated and have one previous DWI conviction. There isn’t any limit on how old the prior conviction has to be for a DWI to be enhanced to a 2nd offense DWI. There are more serious consequences on a DWI second offense compared to a conviction for a first offense DWI. It is problematic to defend a DWI 2nd offense since the jury is told at the start that the driver has a prior DWI. That information implies that the defendant has a propensity or habit of driving while intoxicated. Juries are provided with the same unfair information on a felony DWI third offense – however, in that case, it even wears since they are informed that the person has two previous DWI convictions. Since subsequent DWI charges are given very unfair treatment, it is extremely important to consult with a Houston DWI lawyer who can fight the DWI First charge aggressively. If you find yourself in said situation, make it a mission to reach out to aggressive Houston DWI Lawyer Jim Butler today.

DWI Second Offense Consequences

A DWI second offense is a type of class A misdemeanor that carries a punishment ranging from a jail sentence of 30 days to one year and/or maximum fine of $4,000 and potentially a driver’s license suspension that ranges from 180 days up to 2 years. Also, if there is a probated jail sentence, a DWI second offense probation will include a 3-day mandatory stay in county jail with a prior conviction that is more than 5 years old, or if there are prior convictions within the past 5 years, a 5 day stay in country jail. On conviction, there is also an annual surcharge fee of ,500 to ,000 each year for a total of 3 years for retaining your driver’s license. طريقة الربح في لعبة الروليت If the charge is a first offense of intoxication manslaughter or intoxication assault or a subsequent DWI offense, then as a bond condition, you will be required for your car to have an ignition interlock device installed, and you won’t be allowed to drive a motor vehicle that doesn’t have an interlock device for detecting alcohol on your breath. If there is a certain alcohol level that is detected by the device, the vehicle is disabled temporarily and, also, the accused will be ordered by the court to abstain from using alcohol as well as controlled substances without having a prescription. Random drug testing may be done in order for the court to enforce it.

Administrative Penalties For A Second Offense DWI

In Texas if you are legally arrested for a DWI within a ten year period of a prior drug or alcohol-related “enforcement contract” (such as a previous DWI or refusing to submit to a chemical test), then the DMV (Department of Motor Vehicles) can impose fees and enhance driver’s license suspensions whether you are convicted ultimately of a DWI or not. Whenever you refuse or fail “said” test, your license will be confiscated, and you will have 15 days starting from the date of your arrest for contesting this suspension. If during this time frame you do not notify the DMV that you would like to contest your suspension, your license stays suspended for a 12 month period beginning on the 41st day following your arrest. لعبه بينجو Your suspension is for one year if you end up failing your breath test (BAC is .08% or higher). However, if you refuse a test that violates the implied consent laws in Texas, then your license may be suspended for two years by the DMV. If in criminal court you ultimately are acquitted then the DMV suspension is set aside.

Ignition Interlock Device Following A Second DWI

As a condition for being released from jail, you will be required by the judge to have an ignition interlock device (IID) installed on any vehicles you are planning on driving. During the administrative license suspension period, you will be able to immediately get an occupational license as long as you do not have any prior alcohol-related license suspension during the preceding five years. The occupational license only allows you to drive to and from places such as work, school, and other places that are necessary for accomplishing essential household duties. However, if during the previous five years, you had a license suspension for alcohol or drug-related law enforcement events, then there is an initial hard suspension period of 90 days where you will be unable to do any driving. If you had a law enforcement contact in the previous five years, then the hard suspension is increased to 180 days. Also, you can only get one occupational license within a 10-year period. A yearly DMV license surcharge is also imposed by Texas of $1,500 a year for a total of three years. If you had a BAC of .16% or higher, then the annual fee is increased to $2,000.

Criminal Penalties For A 2nd Offense DWI

In Texas, a second DWI is a class A misdemeanor. Generally, the penalties include a jail sentence of 30 days up to one year. There is not a “lookback period,” meaning that any previous DWI conviction (or BWI for boating while intoxicated), no matter how long ago it occurred, will still be counted as a prior conviction. لعبة قمار اون لاين There is a maximum $4,000 fine, but there are various penalty assessments and fees that can increase the amount that you end up paying significantly. Convicted drivers may also face a probation period of up to two years and be required to complete a substance abuse evaluation, DWI education class and/or rehabilitation program, DWI Impact Panel or community service of 80-200 hours. An IID will be also be required to be installed on your car while the charges are impending, and for one year after your license is reinstated you will not be allowed to drive unless the vehicle has an IID installed. If you have multiple DWI offenses is it of great importance that you seek help from a Houston DWI lawyer today.

Amount Of Time Spent In Jail

In Texas, the sentencing law is quite complex. For instance, a minimum jail sentence might be listed in a statute that is longer than the amount of time that a defendant is required to spend in jail. There are all different types of factors that might affect actual punishment, which include jail-alternative work programs, suspended sentences, and creditors for having good in-custody behavior. If you are faced with criminal charges, then you should consult with a reputable Houston DWI lawyer. When you have an experienced attorney who is very familiar with your jurisdiction’s rule then he or she will be able to explain to you the laws that apply to your specific situation.

For related content check our Houston DWI lawyer blog. If you have any questions make sure to contact a DUI attorney in Houston by calling (713) 236-8744.