Tag: dwi attorneys

You Need To Know Your Rights Before Being Pulled Over For DWI

Are You Required To Talk To The Police When Pulled Over For A DWI?

From the moment you are pulled over under suspicion of a DWI or driving while intoxicated, the traffic officer will start questioning you. The questions may sound friendly enough but the process is actually designed to get you to admit to drinking and driving without the officer needing to rightfully interrogate you. “Have you been drinking? How many drinks did you have? When was your last drink?” are all common questions that are asked.

In this situation, it is best to remain quiet even if the officer is intimidating or you feel impolite. You are not required to answer these questions and an officer cannot legally coerce you into a confession. Whether you answer the questions or not is entirely up to you at the end of the day. موقع راندوم

Your Fifth Amendment Right

Butler Law Firm | Pulled Over For A DWIIn just about all circumstances, it is usually recommended to follow the instructions of a police or traffic officer. However, when these instructions contravene your rights, it is not necessary to comply. Your Fifth Amendment Right provides you with the right to remain silent without any repercussions.

The Fifth Amendment provides this protection by guaranteeing that due process be followed when you are suspected or accused of committing a crime or when you have been charged with a crime or offence. As part of this due process, you are not required to answer any questions that may incriminate you in any way until you have spoken to a lawyer or attorney. Keep in mind, that anything you say or do can be held against you in a court of law. البث المباشر لقناة بي اوت كيو Therefore, you have the right to remain silent.

However, simply refraining from answering any questions could give the wrong impression. It is best to inform the officer that you would prefer to answer questions once you have spoken to an attorney and that you are taking the Fifth Amendment and remaining silent until your attorney arrives. This will have the added benefit of showing the officer that you are aware of your rights.

It is also not recommended to take your right to remain silent too seriously. Questions related to your contact and personal information such as your name and address should be answered as these cannot be misconstrued or used as evidence against you.

It is also highly recommended to contact an attorney who deals specifically with DWI cases. Butler Law Firm provides the best DWI attorney Houston and deals exclusively with these types of cases and it is advisable to have their number saved on your phone in the event that you are pulled over under suspicion of a DWI. They will be able to provide you with the best advice and defense to protect your driving privileges and record. فريق كريستيانو رونالدو

Call us today or contact Butler Law Firm for more information!

Drinking and Driving Responsibly This Fourth of July

Avoid DWI Charges On Independence Day

Celebrating Independence Day is a tradition for many people. They see it as the perfect occasion to spend time with friends and loved ones. Many people make the decision to consume a few drinks with their fireworks and grilled food. While there is nothing wrong with indulging for the holiday, driving while drunk and you don’t know how to fight a DWI could spell disaster. can you give ivermectin injection orally to guinea pig

The best tip anyone can offer would be to avoid drinking and driving at all costs. para que sirve la ivexterm ivermectina If any alcohol has been consumed, you should find another way to get home. With that said, even those who are usually careful make errors sometimes. Instead of risking everything, here are some ideas that can help you stay out of trouble.

Preplanning Your 4th of July

Choose A Designated Driver

Do you have any non-drinking friends that will be attending the festivities? If so, ask them to give you a ride at the end of the night.

Using Uber Or Lyft

Using these ride-sharing services is as simple as downloading an app and punching in your payment information. When it is time for you to head home, request a ride and they will pick you up at your exact location.

Stay At A Friend’s Home

If you are partying at the home of a friend, ask them if you can stay for the night and drive home the following day.

Book A Hotel Room

Reserve a room that is near the festivities so you can walk there once the night has come to a close.

What To Do If You Are Pulled Over While Drunk

Based on the laws in Texas, anyone who is drunk when pulled over has a high chance of ending up behind bars. Many officers can tell when someone has had too much to drink, and in this state, their opinion is enough to warrant a night in jail. With that said, those who are jailed for suspicion of DWI have ways to fight the charges. There are a few rules that can help drivers when they are stopped for DWI:

Do not admit to doing anything wrong.

Do not answer any questions.

Be polite when you are dealing with the police.

Have your insurance and driver’s license available. strongyloides thailand ivermectin oral

Relax and Clear Your Mind

Even if someone has not been drinking, being stopped by police can cause a lot of anxiety. Relax and take a few deep breaths before you begin talking to the officer.

Promptly provide them with your license, insurance and registration documents. You should not attempt to engage the officer in small talk or ask any questions. The less you say, the better it will be in the long run.

On holidays, officers are on high alert when it comes to spotting people who may be drinking while driving. This can make it easier for someone to be stopped for something as simple as driving with a registration that is expired. This means that you should focus on keeping your registration up to date in addition to only driving while you are sober.

Avoid DWI Charges

The best way to avoid getting into any trouble would be to hire a qualified attorney who has experience with DWI cases. You should hire one as soon as possible so you will be ready when it is time for you to have your day in court. Waiting around and hoping for a miracle will not do you any good. Be proactive and seek legal help today! And of course, Butler Law Firm wishes you a Happy 4th of July and God Bless America!

What To Expect For First or Multiple DWI’s

A Guide to Texas DWI Laws and Penalties

Everything is bigger in Texas and in some ways, that includes the DWI laws and penalties.

Navigating the DWI laws in the state of Texas can be difficult. The laws are complex, and there are multiple categories of DWI offenses and penalties that you need to be aware of in 2017. This overview will help you sort through the complexities of the law, and understand them better.

Texas interprets the term “intoxicated” as not being in full control of your mental and physical functions as a result of your consumption of alcohol or drugs, and/or having a blood alcohol concentration (BAC) of .08 or higher (for adults who are not commercial drivers).

When a police officer believes that a driver may be intoxicated, they need to establish probable cause, and must give evidence that the driver is actually intoxicated. Probable cause includes observing the driver’s behavior, speech, and appearance.

Butler Law Firm | Texas DWI LawThe police officer may use a field sobriety test, which can include blood and breath tests, which the driver does have the right to refuse. However, it’s important to note that there are “implied consent” laws in Texas, which means that when you drive on Texas roads, you are automatically consenting to sobriety tests. So while you can refuse the tests, your license will be suspended immediately if you do.

One fact that drivers are often unaware of is that a driver who is arrested for DWI will usually have two cases filed against them: a criminal case and a civil case. The criminal case is the most severe, with escalating levels of possible punishment, along with stiff fines and possible jail time. The civil case will be filed by the Department of Safety and usually results in suspension of the driver’s license.

3 DWI Offense Categories

DWI First Offense:

If you’ve never been convicted in a DWI case before, this is the typical charge you will face. First-time DWI offenses are considered a Class B misdemeanor, with a possible penalty of 3 to 180 days in jail and a fine of up to $2,000. You’ll have your driver’s license suspended for a period of between 90 days to 1 year, depending on if you refused or failed the breath or blood test.

DWI Second Offense:

If this is your second DWI offense, your charge will automatically be elevated to a Class A misdemeanor, which carries fines of up to $4,000 plus a sentence of 30 days to 1 year of time in the county jail. License suspension will last from 180 days to 2 years. لعبه بوكر In some counties, a judge may require that your car be fitted with an ignition interlock device as a condition of your release pretrial or for probation. This device is like a breathalyzer attached to your car, which will prevent the car from being started until you breathe into the device and pass the test.

DWI Third Offense:

If you’re on your third DWI offense, the charge is instantly escalated to a third-degree felony, which carries a penalty of 2 to 10 years in the state prison, plus a $10,000 fine. Your license will be suspended for 180 days to 2 years. نادي بايرن ميونيخ For all third or multiple DWI offenses the judge by law must require that your vehicle be fitted with an ignition interlock as a condition of a possible pretrial release or for probation.

Although these 3 main DWI offense categories appear fairly simple, other specific factors can greatly complicate the severity of the consequences. Such instances include: an open container of alcohol in the vehicle, a minor being present in the vehicle, an extremely high BAC, or excessive speeding at the time you were pulled over. These factors can raise the offense to an “aggravated DWI” offense, and the fines you’ll be subject to can be much higher. The charge could even be escalated to a Class A misdemeanor or a felony.

Aggravated DWI Offense Charges

DWI With An Open Container:

If it’s your first offense when you’re found with an open alcohol container in the vehicle, you’ll be subject to the usual first-offense fine of $2,000, but your charge will be raised to a Class B misdemeanor.

DWI With A BAC Of .15 And Above:

If your blood or breathalyzer test results are .15 or higher, you could receive an elevated charge of a Class A misdemeanor. The fine would be $4,000 and you could face up to a 1 year sentence in the county jail. A driver convicted of this type of aggravated DWI offense could, by law, be required to have an ignition interlock device fitted to his or her vehicle.

DWI With A Passenger Under Age 15:

If you are pulled over with a minor passenger in your car, even if the child is yours, and are found to be intoxicated, then the charge will immediately be escalated to a felony even if it is your first DWI charge. This aggravated DWI offense carries a heavy fine of $10,000 and up to 180 to 2 years in the state prison.

Intoxication Assault:

If you are responsible for causing severe injuries to another person while you are intoxicated, you will be charged with a third-degree felony. The penalty could be anywhere from 2 to 10 years in the state prison, and you could be fined up to ,000. طاولة بوكر Most judges in Texas will mandate that an ignition interlock device be installed on your car for this aggravated offense.

Intoxicated Manslaughter:

If you take someone’s life while driving intoxicated the charge will be a second-degree felony, and face a penalty of 2 to 20 years in the state prison and/or a $10,000 fine. In Texas, most judges will also require that your vehicle have an ignition interlock device placed in it for this aggravated offense.

Even though these charge escalations may also appear fairly easy to understand, there is just no way to be sure how the district attorney will apply them to your case. The best strategy in your defense will need to be developed based on the unique circumstances of your particular case. The complexity of your case could be more involved depending on several factors, including the conduct of the officer or officers who made the arrest.

It’s important that your case be handled by a Houston Texas DWI lawyer who understands these complexities and has the experience to create a detailed strategy that will take advantage of all the factors of your case, and aggressively advocate on your behalf in order to get you the best possible outcome.

The Effects A DUI Has On Your Auto Insurance

Butler Law Firm | Car Insurance and DWI HoustonHere’s How A DUI Can Affect Your Car Insurance Rates

Most people know the dangers of drunk driving, but even in today’s age there are people who drink and then drive. Even the ones that have managed to survive with a conviction will need insurance again at some point in the future. When you have a DUI in Houston and elsewhere, then insurance companies will consider you to pose a greater risk.

This means higher premiums. DUI insurance doesn’t exist, but we will tell you how your quotes for car insurance will be affected by a DUI conviction. Afterward, you’ll have a better idea of how a DUI can affect your insurance rates.

How Much Can A Conviction Raise Your Rates

In order to determine how much a DUI conviction can affect your rates, we researched quotes for a driver living in areas such as New York, Atlanta, Georgia, and Roselle. We used an example if a 30-year old male who is single and drives a 2014 Toyota Corolla. As you can see from our example, rates in New York City are expensive as they are, but one DUI conviction can increase insurance by almost $1,100.

In Roselle, which is located in Chicago, we found that there were similarities between their rates and the rates in NYC. In other words, rates were cheaper in Roselle than NYC, but the driver would still be hit with a similar increase for a DUI conviction. In NYC, the average increase was 35% and the increase in Roselle was 44 percent. نظام اليورو 2024

In Atlanta, the driver would incur a 31% increase in their insurance rate. As you can see, your insurance rates are heavily influenced by where you live. Regardless of where you live, a DUI conviction can greatly impact your insurance rates.

Other Factors

As previously mentioned, the example we used was of a 30-year-old male who is single and drives a Toyota, but there are other factors that can increase your insurance rates. Where you live is one of the biggest factors and whether or not you have a DUI conviction, as previously mentioned. However, we decided to look at GEICO and see how they calculate rates for drivers in Utah. Some of these factors include:

1. Age – Age is a major factor and an 18-year-old who has a DUI conviction from 12 months previous will pay 5% higher property damage premiums than a 30-year-old that has a DUI conviction 12 months previous. In fact, any person who is under the age of 19 and has one DUI within the last year will pay that much more than older people with the same profile. In short, younger drivers usually pay the most when they have a DUI charge on their record.

2. Time – Most insurance companies will look at your driving record and look at what’s on there from the last 3-5 years because this helps them get an idea of what your driving history is like. GEICO requires a clean driving record for at least 35 months before your premiums are not effected. For example, if you have a DUI conviction stemming from four years ago, then your Under-insured Motorist premium would be around 18% less than a driver who has had a DUI within the last year.

3. Number Of DUI Convictions – The number of DUI convictions you have had within the last three years is a huge factor. If you are 30 and you have four convictions, then you will pay about 58% more than a driver who has only one conviction. GEICO’s DWI calculation for someone who is 18 on Utah and who has four convictions in a year will pay around 110% or more than a person who is the same age, but has a clean driving record.

4. Companies – One of the most important factors is the actual insurance company you go through. Different companies have their own set of rules for dealing with DUI charges. This is why it’s important to get quotes from multiple companies.

The rates vary from company to company. However, one thing all companies have in common is that they will likely charge you more for insurance if you have DUI convictions within the last few years. Some charge far more than others, so if you’ve been convicted of DUI, then it’s a good idea to take your time when shopping around for car insurance.

A DUI can cause you much more problems than expensive insurance, but if you are lucky, then you may be able to get out of a DUI in Houston without suffering serious consequences. As you can see, there are many factors, alongside having a DUI, that can determine how much your premiums will be. As previously mentioned, if you want to get the cheapest car insurance rates possible, then you should compare rates. The only way to reduce your insurance premiums is to become a better and safer driver. تكساس بوكر

The Butler Law Firm is looking forward to answering any further questions you have regarding your or a loved ones DUI and what exactly it may entail. We encourage you to call us at 713-236-8744 for your free case consultation!