Tag: dwi attorney

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.

Can You Expunge a DUI?

Houston DWI Attorney: Is It Possible To Expunge A DUI In The State Of Texas?

It is important to understand that a DWI conviction in itself can never be expunged, however, a DWI or DUI arrest and some other verdicts can if specific requirements are met. One of the most essential elements is whether the DWI arrest resulted in a finalized conviction. While it is possible for an attorney to lessen the charges, any conviction following a DWI arrest is going to be impossible to expunge in the state of Texas. The following is going to explain how to remove DWI or DUI charges from your record as long as certain requirements are met. A DWI Attorney Houston professional at the Butler Law Firm is available to speak with you about your DWI or DUI case. Legal representation is always important.

How To Qualify For A DUI Or DWI Expungement?

1) If your case was dismissed by the judge, the charges and arrest can be expunged as the case did not result in a final conviction. A final conviction also applies to any reduced or shifted charges. An example of this would be if your attorney was able to reduce the charges to a Class-C traffic violation, and the case is ultimately dismissed, the original arrest may be expunged. However, if that same case was found guilty on reduced charges, there is not a way to expunge the DWI from the records. The same is true from any final conviction that was the result of a plea deal.

2) If you plead not guilty and receive a not guilty verdict in court, you have the ability to expunge your DWI arrest and charges in Texas.

3) If you are arrested as a minor for your first DWI charge and are able to fulfill all court orders, you may be able to have the record expunged as an adult.

4) You may have a case that is deferred according to Texas law, this is ordered by judges to some first-time offenders, in which there is an absence of a conviction. If the probation is completed to the court’s satisfaction, you may be eligible to ask for a petition of non-disclosure, which will seal the record from being released by public agencies.

How To Get A DUI Record Expunged

Criminal background checks have become a way of life and it is almost impossible to avoid them. You will have a check run when you apply for a new job, apply for a loan or mortgage, or even move into a new apartment. Many colleges and graduate schools now ask for a criminal background check. لعبة الكازينو However, Texas law allows for individuals to have an adult criminal record cleared in specific circumstances. An example, if a Texas courtroom found you not-guilty, it is possible to have the arrest and case fully expunged. In addition, if the court dismissed the case, you can have the arrest record expunged. Lastly, if you appeal a conviction and the Texas Court of Criminal Appeals offers an acquittal, the record can be expunged. The state of Texas considers these procedures an act of Expunction. To hire a DWI Attorney Houston professional click here.

Asking For A Petition For Non-Disclosure

The only other option an adult individual would have to clear a criminal record in Texas is to ask for a petition for Non-Disclosure. A petition of non-disclosure is offered to individuals who have completed a deferred adjudication probation. When an individual is able to complete the adjudication probation and secures a petition for non-disclosure, they can have the offense sealed. If you are able to secure either a non-disclosure or an expunction, you have the ability to deny being arrested, with the exception of specific criminal proceedings. لعبه الطاوله This means that under the laws of Texas you will not have to state you were arrested when filling out for a job, loan, or housing if you have a non-disclosure petition or an expunged record.

Eligibility For Expunction And Non-Disclosure

If an individual completes a straight probation they will not be eligible for non-disclosure or expunction. In addition, any other final criminal convictions will not be erased from a criminal record. For example, it is not possible to have a DWI conviction sealed or expunged. If you were given jail time from the court, this is a final conviction that cannot be expunged or sealed. If you are not eligible for non-disclosure or expunction, there are still two ways available to try and clear a record. You may try to win a pardon from the governor or president. However, it is very difficult to win a pardon of this level. شركة بي اوت كيو The only other option you have is to file a writ of Habeas Corpus, and in this case, it is best to seek assistance from the best DWI attorney Houston has to offer.

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

Texas Lawyers: What Happens Happens If I Am Charged With A First Offense DWI In Houston?

Houston Lawyers: What You Need To Know If You Are Charged With A First Offense DWI In Texas

Texas is a state in the USA that takes DWI offenses extremely seriously imposing severe financial penalties even for first-time DWI offenders. This offense is one of the most commonplace crimes committed in the United States; however, the majority of the time it is committed by the typical “non-criminal” citizen. Make no mistake, if you are charged with this type of crime you will be treated as a criminal, even if it is a first offense DWI.

What Are The Penalties And Charges For A First Offense DWI?

In the state of Texas, the first offense DWI charge is classified as a Class B misdemeanor. comprimido para piolho preço This means that if charged and convicted, you may be facing a fine of at most ,000 with approximately 180 days in the Texas county jail. ivermectina para cachorro filhote It is vital that you understand this is the minimum charge that can be leveled against you and DWI legislature can become complicated. Based on these potential complications, it is crucial that you understand all details of your specific DWI case.

• The DWI .15 And Above Charge

If you are required to undergo a breath or blood test and the results return with a blood alcohol concentration of a minimum of 0.15 or above, then the DWI charge can be raised to a Class A misdemeanor. The penalty for this type of DWI charge is $4,000 and the possibility of at most 1 year in the Texas county jail. Based on Texas state legislation, if you are charged and convicted of this offense, you may need to install an ignition interlock device in your car. It is important to work with a DWI attorney Houston to handle this situation.

• The DWI With A Passenger Under The Age Of 15 Charge

If you are stopped and found to be under the influence of alcohol with a passenger under the age of 15 in your car, then the offense can escalate to a felony charge. It does not matter if the minor in the vehicle is your child or another individual’s child. This type of felony charge involves a financial penalty of at most $10,000 with a potential 180 days or 2 years in a Texas state jail.

• The Intoxication Assault Charge

The DWI charge is raised to a third-degree felony case if another person is severely injured while you are driving intoxicated. This felony charge carries a financial penalty of at most $10,000 and between 2 and 10 years in the Texas state jail.

• The Intoxication Manslaughter charge

If another individual dies as a result of you driving while intoxicated, then this is classified as a second-degree felony. The intoxication manslaughter charge carries a financial penalty of no more than $10,000 with/or between 2 and 20 years in a Texas state prison.

What Can A Person Expect Regarding First Offense DWI Sentencing?

If you are convicted of a first offense DWI charge in Texas state, you will probably be placed in the county jail for a mandatory 3 days unless you are provided probation. Another possibility is community supervision meaning that you will be sentenced to perform some type of community service. Dependent on the judge’s ruling, you may need to submit to additional conditions when sentenced, such as attending a rehabilitation facility if you are considered as having an alcohol addiction or use problem. You may also need to attend a “DWI school”, which is a 12-hour course that needs to be completed within 180 days after receiving probation. Any person failing to attend the course will have their driver’s license revoked until the course is completed.

Contact Butler Law Firm DWI Lawyers

Potentially the most disadvantageous aspect of being convicted of a DWI in Texas is the societal consequences. If you are charged and convicted, your driver’s license may be suspended. In fact, your driver’s license may be suspended without any conviction for at most 180 days if you refuse to undergo a breath or blood test for 90 days. This is due to the “implied consent” legislation in the Texas state indicating that by driving on the roads you will automatically consent to any sobriety tests. By refusing the tests, your driver’s license will be suspended.

For related blogs by a DWI attorney in Houston Tx, check out our blog. If you might have any questions make sure to reach out by calling us now.

Butler Law Firm Attorney: Can I Get A DWI For Drinking And Driving A Motorcycle In Houston?

Butler Attorney: DWI Laws For Motorcycle Drivers In Houston

Texas DWI Laws Regarding Motorcycles

When you hear about DWI incidents in the state of Texas, they usually center around people who are driving cars. Sometimes, the people who are pulled over and arrested are even celebrities. In most cases, the only information that makes its way into the news is the subject’s blood-alcohol level and whether or not they were released on bond. It is a lot less common to hear about DWIs occurring that involve motorcycles. That is not to say, however, that they don’t ever happen. مباراة اليورو 2023

DWI Laws & Motorcycles

Motorcycles are governed by the exact same laws as other vehicles on the road when it comes to DWI in the state of Texas. The lower number of incidents involving motorcycles most likely has to do with the fact that there are a lot more cars on the road in Texas than there are motorcycles. It is also possible that people driving cars are more likely to take risks since they don’t feel as vulnerable as people who are riding motorcycles. If you are in need of help for your DWI case, reach out to Jim Butler.

What Constitutes Driving While Intoxicated In The State of Texas? golden axe

The laws in Texas prohibit people who are driving vehicles from being intoxicated. The specific details of the law can be found in section 49.01 of the Texas Penal Code. In this section, there are also details about what constitutes being intoxicated. This includes having an elevated blood alcohol content (BAC) that exceeds .08 or being mentally or physically impaired as a result of consuming alcohol. The code uses the term ‘motor vehicle’, which can describe any vehicle on the road. This includes motorcycles. The whole point of the law is to keep people who are intoxicated from getting behind the wheel of a vehicle. The problem is difficult to control in Texas, simply because there is a relatively large population and there are countless roads that need to be patrolled. خريطة رالي داكار 2024

DWIs Don’t Just Involve Cars Or Motorcycles

The laws in Texas prohibit the operation of any type of motorized vehicle while under the influence of alcohol including boats, airplanes, amusement rides, and any other type of motorized vehicle. As a general rule of thumb, any type of vehicle that can be operated in a space where there are other people present is illegal to drive while intoxicated. While the type of vehicle doesn’t necessarily matter when it comes to DWI, there are other factors that can influence the charges. For instance, there are more serious repercussions if a child is in the vehicle or if an accident occurs that results in an injury or death as a result of drunk driving.

Butler Law Firm DWI Attorney In Houston

Because every DWI is different, they all require a different approach when it comes to mounting a successful defense. In order to get a good outcome in your case, you need to evaluate your situation to come up with the best possible defense. That is why it is so important to hire a DWI attorney Houston has to offer. Regardless of whether you were pulled over in a car, on a motorcycle, or in any other type of vehicle, it is essential to obtain excellent legal representation. That way, you can effectively defend yourself against the charges, helping to minimize the impact of the DWI on your life.

Contact a DWI attorney Houston Texas lawyer for legal representation. Call us today. For related Articles check out the Butler Law Firm Blog.

The Houston DWI Attorney: What Does Revocation of a Driver’s License Mean?

The DWI Lawyer: Driving with a Revoked or Suspended License in Houston Texas

Driving in Texas is not a right, it is a privilege. The Department of Public Safety (DPS) might revoke your driver’s license if you are incapable of driving for a medical reason or if you have committed certain offenses. Your driver’s license might also be revoked by the courts. Revocation means the individual’s privilege or driving a car it terminated for a certain period of time and following that a new driver’s license will have to be obtained.

In Texas, When Can A Person’s Driver’s License Be Revoked?

A driver’s license can be revoked under Texas law for multiple reasons, including the following:

  • An arrest for intoxicated driving (DWI) or boating (BWI)
  • Repeated traffic violations
  • Medical disability
  • Operating a vehicle without any insurance
  • Child support that is past due

DPS can suspend or revoke your license automatically for either a medical disability or DWI/BWI arrest

If DPS believes you are not medically capable of driving then an inspection will be performed by the Medical Advisory Board (MAB). Your medical records, as well as other information, will be reviewed by the MAB. Based on the investigation, the MAB will make its recommendations to the DPS – which might result in your driving privileges being revoked or suspended.

Can They Suspend My License If I Refuse A Breath Or Blood Test?

If you are charged with a DWI or BWI arrest, then you will be offered a blood or breath test. Failure or refusal of the test will result in your driving privileges being suspended. The suspension is a civil process and referred to as an Administration License Revocation (ALR). You might also be faced with separate criminal BWI or DWI charges. Once an individual’s driver’s license is revoked, driving with a revoked license is an additional criminal offense. It is a criminal misdemeanor in the state of Texas to drive with a suspended or revoked license. If you are faced with a DWI charge, you should contact a DWI lawyer in Houston to assist you with your case.

What Penalties Are There For Driving with a Revoked or Suspended License?

Depending on the situation, the penalties will vary. For example, if you are older than 21 years old and:

1. Refused a sobriety test:
The 180-day suspension on the first offense
The two-year suspension on subsequent offenses

2. Fail your sobriety test:
A 90-day suspension on the first offense
The one-year suspension on subsequent offenses

For a minor who refuse or fail a blood or breath test, different rules apply. Following your suspension, you will be required to pay fine and complete several forms before your driver’s license is a reissue. If your licenses get suspended based on a medical condition, then your driver’s license might be reinstated if you are able to prove that your condition has either improved or resolved. If you are in need of legal representation for your case contact a Butler Lawfirm attorney immediately.

Getting Caught Driving With A Suspended Or Revoked License

If you get caught driving with either a revoked or suspended driver’s license, then you might be faced with criminal charges. Typically a first-time offender is charged with a Class C misdemeanor and a $500 maximum fine. In cases that involved uninsured drivers, repeat offenders, BWI’s, DWI’s or serious injuries, the penalties might be higher (maximum $4,000 in fines plus one year of jail time).

The DPS at the hearing is required to prove that the officer had:

  • A Probable cause for arresting you or reasonable suspicion for stopping you;
  • Probable cause you were operating a boat or vehicle while being intoxicated;
  • You were placed under arrest and notified what the consequences were for failing or refusing a sobriety test (both in writing and verbally);
  • You were given the opportunity to undergo sobriety testing and you either failed or refused the test.

If DPS is unable to prove one of the elements, then you will be given your driver’s license back. The prosecutor in a criminal case is required to provide that an individual drive while their license was suspended or revoked. The prosecutor typically must also prove you were given notice of the revocation or suspension. gry hazardowe ultra hot deluxe

Are There Any Legal Defenses Available?

If you receive a criminal charge for driving on a suspended or revoked the license, you might have legal defenses available to you. A majority of defenses involve you having a lack of knowledge of the revocation or suspension. For example, it might be a defense if the DPS fails to send your notice of suspension or revocation to you.

What is a Restricted or Occupational License? euro zakłady bukmacherskie

Texas is unique in some respects in that it enables some individuals whose licenses have been suspended to obtain a Restricted or Occupational license. The kind of license allows an individual to commute back and forth to work during their suspension. automaty online za peníze In addition, it enables the individual to drive to be able to compete for their household duties. To obtain one, the individual needs to put in an application with the Texas Department of Public Safety. This application involves giving a description of the various routes that will be driven, along with the hours and days that the person will be driving a vehicle. Not every individual who has their license suspended has an occupational license available to them. In particular, failure to pay required child support, or suspension due to medical reasons will make the individual ineligible for getting a restricted license.

Is There A Way To Get My License Reinstated?

After the suspension period is complete, the license can be reinstated or restored. That involves providing proof of insurance and filing the appropriate paperwork with the Department of Public Safety. There is also a fee that must be paid that is in the range of $100 to $125, depending on what the specific reasons were for the suspension.

For more on Butler Law Firm services, check our blog or you can contact a DWI lawyer in Houston at (713) 236-8744 for immediate assistance.