Tag: Houston Dui Second Offense

Can I Beat A Houston DWI If I Was Over the Limit?

Will Butler Law Firm Help Me Beat A DWI?

Yes! In fact, there is numerous way to go about it. However, you must first master the courage to fight for yourself and not just give up and take a guilty plea. Secondly, you need to use all the tools you have access to fight the charges. These tools include the typical legal defense toolbox and the knowledge and skills needed to bring to light proof of innocence or at the very least reasonable doubt using the facts of the case. With the right spirit, knowledge, and skills, you can beat a DWI charge, regardless of the test and their results in relation to the legal limit. there are other helpful tactics here regarding what you may expect when getting pulled over.

For instance, you can use arguments, objections, and legal motions to beat a DWI. To this end, a proper and in-depth look and analysis of your case is important right from the very beginning to uncover any legal flaws. Even flaws that do not concern with whether you were over the legal limit are important considerations. There are very strict rules governing how DWI cases should be handled in court. When the rules are broken, it is possible for the judge to throw out your case.

This means, everything counts right from the time you are arrested. The arresting officers must process the offender through the system and bring them before a judge or release them. bet 365 If this process is not strictly followed, there are chances of beating the case. Another legal clock to take note of starts when an offender has been advised of charges against them or when they have been arraigned in court and subsequently pleaded not guilty.

When the offender is released from jail on your own recognizance (O.R.) or on bail the prosecutor has 45 days to take you to trial. Otherwise, the case will be dismissed. There are many cases when the District Attorney is unable to take the case to trial on time, and, therefore, they end up asking the judge to dismiss the charges.

Another way for your case to be dismissed comes about when evidence of your alleged wrongdoing is thrown out and or suppressed. In the case of suppression, defense attorneys can ask the judge to suppress evidence when it was improperly obtained. A good example is when the cop makes an illegal profile stop of the defendant without having a proper and reasonable suspicion, the judge can find such behavior was inappropriate.

Subsequently, the judge can allow the suppression of the evidence collected after the stop, in this case, the field sobriety test and or the breath as well as blood tests. After this happens, the prosecutor usually does not have ample evidence to prove guilt beyond reasonable doubt, and, therefore, the case should be dismissed.

At trial, there is plenty of opportunities for you to beat the DWI case. ربح المال There are opportunities to beat the case even when the test results submitted as evidence show that you were over the legal limit. This is because your lawyer’s area of domain is the courts, hence they are right “at home”. The cops, on the other hand, are not. The cops’ area of domain is out in the field enforcing the law; not in a courtroom being cross-examined.

As such, when asked about how they performed the investigation in comparison to the laid out procedures, and they fumble, they lose credibility. Even though losing credibility has nothing to do with test results or the defendant, there is a chance for the defendant to beat the charge.

While the trial is ongoing, a good defense lawyer will make sure that all irrelevant and unreliable testimony is not present to eh jury. In DWI cases, the prosecutor will often try to present the chemical test results to the jury. The chemical test evidence is usually very technical for the jury and, therefore, requires several witnesses to testify for the jury to understand properly. However, many prosecutors are unable to provide sufficient proof that the chemical test is trustworthy and reliable. As such, if the tests are the results presented are deemed as untrustworthy, the evidence will not be presented to the jury. With no chemical results as part of the evidence, there is a chance to beat the DWI charge.

Furthermore, even when the results from a blood or breath test performed is presented to the jury, there is a need for the prosecutor to explain the evidence before the court. The onus is upon the prosecutor to explain how a blood test performed an hour after the arrest proves that the defendant was driving and that his or her blood levels were over the legal limit. To this end, prosecutors use expert witnesses. The expert witnesses will explain the various factors that should be considered in order to make a reliable analysis of chemical test results. In many cases, some of the requisite data needed to make a proper and correct analysis is usually missing or unreliable. In the end, the various experts cannot agree on the test and the analysis to be made from the test. Without an agreement from the various expert witnesses, you stand to beat your DWI charge.

The quality of testing is another area that can help you beat a DWI charge. For instance, for the test to be relied upon, the blood and breath (Breathalyzer) testing equipment needs to be functioning properly. That being said, it is important to note that there are strict regulations controlling every aspect of this equipment including their use, their maintenance, their calibration, and accuracy testing. There are cases of poor maintenance owing to poorly trained technicians, or cases of the city or county having inadequate funds to properly maintain and or repair such tools. This means that the test and results garnered from the test cannot be relied upon. Therefore, it set maintenance protocols is not followed, there is a chance to beat the DWI charge as the evidence presented is reliable.

There are many individuals who reside their fate to the whims of the prosecutor once they are arrested owing to the belief that they are guilty. لعب قمار حقيقي This is not the case. However, you will be pleasantly surprised to find out just because you were told that your alcohol level is over the legal limit does not mean that you are guilty. These stratagems are part and parcel of our field at the Butler Law Firm, and we are versed at navigating the complicated array of things normally thrown at any defendant, take a look at our firm page and get to know us a bit better, you won’t be disappointed.

Never give up the fight to clear your name, Contact or call us with any questions or to set up a legal meeting today.

What Happens With The First Houston DWI?

What You Can Expect From Your First Houston DWI Offense

A person can be convicted of driving while intoxicated, also known as DWI, in Texas if operating an automotive vehicle in a public area when intoxicated.  Boating when intoxicated, also known as BWI, is also an illegal act in the state of Texas. طريقة لعب البلوت At Butler Law, we understand how to properly navigate these dangerous waters.

“Intoxicated” is a state when you are either:

  • lacking the normal use of your physical or mental faculties because of alcohol, drug or other substance consumption, or
  • undergoing a blood alcohol test and having a blood alcohol concentration of .08 percent or more, typically known as a “per se” DWI.

When you are arrest for the majority of crimes, there are not any penalties unless you are convicted of the offense either by being found guilty via trial or by entering a plea. If, however, you are arrested lawfully for a DWI offense, there can be administrative consequences. The administrative consequences including license suspension and financial penalties regardless of whether or not you are convicted of the crime. If you are convicted of a DWI, you will face further criminal penalties.

This article provides information on the different criminal and administrative penalties for a first offense DWI in Texas.

1. The Administrative Penalties

If you are arrested for DWI offenses for the first time, the Texas Department of Motor Vehicles can impose administrative removal of license penalties. If you fail a chemical test or refuse to take the test, the arresting authority has the right to confiscate your driving license immediately. An officer will issue a “notice of suspension” that operates as a form of temporary driving permit, and you will have fifteen days from the date of arrest to request a hearing for contestation of the license suspension. If you do not request a hearing, the driving license will remain suspended for ninety days beginning on the 41st day after the arrest. If you ask for a hearing, the notice of suspension allows you to continue driving until attendance of the hearing and the authorities reach a final decision.

If you refuse to undergo chemical tests in violation with the Texan implied consent laws, the Department of Motor Vehicles will automatically suspend the driving license for a further 180 days after the expiration of the temporary license. The only reason why this suspension can be removed is if you are acquitted of the DWI within a criminal court during a criminal trial.

When being arrested as a first offender, you can be eligible for an “occupational license”. العاب بطاقات This is a type of license held during a suspension for driving to specific destinations, such as school and work, as well as driving to places that will help in performing household duties including stores. To gain an occupational license, you need to provide proof of financial responsibility, as well as proof that you had an ignition interlock device installed on the vehicle you operated or owned.

2. The Criminal Penalties

Typically, in Texas a first offender DWI is a misdemeanor categorized in class B; however, if the driver presented with a blood alcohol concentration of .15 percent or more, the offense is categorized as a class A misdemeanor. If you are convicted, you will receive maximum financial penalties ranging from $2,000 to $4,000 with administrative fees. First-time DWI offenders can also face between 72 hours and six months in jail. If the individual has a blood alcohol concentration of 0.15 percent or more when arrested, the jail sentence could be up to one year. DUI sentences can include DWI education programs, probation, and community services. For the first DWI conviction, a court will suspend the driving license for between 90 days and one year. Texas will also impose an annual license surcharge for three years ranging between $1,000 and $2,000.

3. Obtaining A Houston DWI Attorney

As can be seen, the Houston DWI legislation is complex with the facts of every case differing to the other. If you have been charged and arrested for a DWI, it is recommended that you speak with an experienced Houston DWI Attorney who can help you proceed with the case correctly. هازارد 2024

If you have any legal questions or need to schedule a legal meeting don’t hesitate to call us now, or contact us to schedule a time to talk further.

Houston DUI Lawyer Or DWI Lawyer? Which For What?

DUI Vs DWI In Houston: What’s The Difference?

DUI stands for “Driving Under the Influence” is DUI. can you over dose on ivermectin cattle pour on The acronym for Driving While Intoxicated, or sometimes Driving While Impaired, is DWI. Depending on the state in which you are caught, these phrases can have a similar or different meaning. para que sirve ivermectina en humanos Generally, however, DWI and DUI charge simply mean that the driver in question is facing serious charges, with the main offense being that he put the lives of others and him/herself at risk. In addition to alcohol and recreational drugs, the charges also apply to drive while your physical and mental abilities are impaired by the use of prescription drugs. Both of these charges are considered to be at par with each other, are quite serious, and can have a huge impact on your life. Once you’ve been taken in for one of these charges, considering the Best DUI or DWI lawyer optionable is your best chance of getting back to your life without the added weight of a conviction.

Varying State Definitions

Both terms are usually used to refer to drunken or impaired driving. The offense of driving drunken driving is referred to as a DWI in some states and a DUI in others. When states use both terms, it can be confusing. While the meaning can change from state to state, one is used in reference to alcohol or impairment by drugs or unknown substances. DWI is used in some states to driving while intoxicated by alcohol, with a blood-alcohol level that’s past the set legal limit, while driving under the influence (DUI) is used when the driver in question is charged with driving under drug or alcohol influence. Where both terms are used in some states, DUI refers to driving under the influence of alcohol, while DWI translates to driving while impaired by alcohol, drugs or any other unknown substances. It’s recommended that you check the meaning in the state that you are located in at the time.

DWI (Driving While Impaired)

The arresting officer usually believes that the driver is too impaired to drive safely when any of these charges are used. The drivers in question can be charged with impaired driving or driving under the influence in some jurisdictions regardless of whether they satisfy the legally accepted blood alcohol concentrations levels. For instance, you can be charged with a DWI even if your blood alcohol level is below the .08 limit if you show signs of impairment or fail the field sobriety test. these laws and statutes are extremely complicated, having a highly rated DWI lawyer on your side can make all the difference.

Impaired Driving Also Includes Driving While On Drugs

The arresting officer may suspect that you are driving under the influence of drugs, which impair your abilities if you seem to be impaired, but the breathalyzer test indicates that you are not legally drunk. Some of the drugs you might be suspected of using include the illegal variety, prescription, and non-prescription medication. A (DRE) Drug Recognition Expert may be called upon to conduct a variety of tests at the scene: this might be another person, or if qualified, the officer himself. You may be slapped with a DWI or DUI charge if the DRE officer concludes that you are in fact under the influence of drugs, after performing an evaluation that is divided into a number of stipulated steps. The terms used by the state in which you are stopped in to refer to driving under the influence of drugs determines the charge you face.

What Follows After You Are Arrested For Impaired Driving? ivermectina posologia en humanos

You will be facing serious consequences once you are arrested for impaired driving, regardless of what the charge is referred to in the state you are in. you will lose your driving privileges, pay court fees and any applicable fines if you plead guilty or are found guilty of this offense. Second offenders are likely to get a jail sentence. Furthermore, you may be required to do some community work in addition to being placed on probation. You will likely be required to complete a defensive driving class to get your driving license reinstated. Your habits with regard to drinking and use of substances will also be assessed in some states. You may be forced to participate in an alcohol or substance/drug treatment program, based on the findings of such an assessment. This treatment program can be anything from being admitted to a residential treatment facility or simply attending a number of support group gatherings such as Alcoholics Anonymous meetings and the like.

The Effects Of Being Convicted

You will be required to have SR-22 insurance once you get your driving privileges reinstated. Depending on the laws in your state, this can lead to the doubling or tripling of your premiums. Generally, you can expect to pay relatively higher insurance premiums for the following 3 year period. You may also be forced to install an ignition interlock device on your vehicle depending on the state you reside in. The car will only start if the device determines that you have not been drinking alcohol after you blow into it. You are required to pay a monthly monitoring fee, in addition to the purchasing it and having it installed. The fact of the matter is that getting busted for driving under the influence is a costly and time-consuming experience. However, you can avoid it, 100 percent. If you have been taking alcohol, or are taking any sort of drugs, avoid driving. Prescription drugs that impair your abilities, cause drowsiness or affect your attentiveness are also included here.

Don’t forget, the faster you seek legal counsel, the more likely you are to have a positive outcome. So remember the best name for DWI law in Houston, Jim Butler, and call or contact us with any questions or concerns