Reader’s Question:

When should I employ a qualified Houston Texas DWI attorney?

Joan

Houston, TX

Joan if you are thinking of employing a qualified Houston Texas attorney, you should do that as soon as possible. In Houston Texas, you will only have fifteen calendar days to get in touch with the Texas Department of Public Safety to plan your Administrative Licensure Revocation hearing to rescue your driver’s license. If you fail to notice the time limit, you will be deprived of your rights and your license will be suspended. The moment you appeal to your right to an attorney, the police are obligated to stop any gathering of facts on the basis of your early statements until your attorney is at your side. The more rapidly you have an attorney, the earlier your forceful argument will set in motion. I will recommend that you call upon your right to a Texas attorney as soon as you were stopped, if it is obvious that you may be accused with Driving While under the Influence.Moreover, there are many grounds why you should hire an attorney because they will give successful representation when you have been charged with Driving While Intoxicated. Clearly, there are thousands of dollars in fines and surcharges which must be paid upon sentenced.

Outside these cost, there are many guaranteed penalty which include loss of commercial driver’s license privileges, loss of vanity plates and inability to enter certain foreign countries. You can plead guilty to first offenses without be on familiar terms that your next violations require penalties which are much more severe. DWI convictions can also effect probable employment even where driving may not be appropriate to it.

Reader’s Question:

Does a person in Houston Texas have the option not to take a Breath or Blood Test?

Alison

Houston, TX

Alison the answer is yes. Even if Texas has an indirect consent law, a person arrested for DWI may turn down the test being asked for. This refusal may result to the following penalties: a 180-day suspension of your right to drive for a first DWI arrest, a 2-year suspension of your right to drive a vehicle for a following arrest within 10 years if you decline to submit to a test in your first arrest, and the prosecutor can disclose your refusal into evidence in your DWI trial. The prosecutor will then dispute that you refused the test because you knew you were too drunk and that you would fail the test.

If you give in to a test and fail, your right to drive can be suspended and the following consequences may happen: a 90-day deferral of your right to drive if your driving record shows no previous alcohol connected detention, a 1-year postponement of your right to drive if you have a previous arrest or suspension with the preceding 10 years, and the prosecutor can divulge the results of the test as proof at your DWI trial.
If you do not want to get a breath test, it is much better to tell the police officer that you want to speak to your attorney before making any decision, is different from refusing. Again, they probably will not give you the chance to talk to a lawyer, but there will be no test will that will still be given

Reader’s Question:

My brother is convicted with DUI in Texas and already becoming hopeless to get a cheap SR22 insurance. Will we ever find an inexpensive SR22 insurance?

Antoinette

Houston, TX

I need to be honest with you. It would be difficult for your brother to find a cheap SR22 insurance. Your brother is already considered ‘high risk’ in the car insurance industry. That’s why in general, SR22 insurance will be much more expensive than auto insurance for lower risk applicants. But don’t lose hope because you may still be able to find lower cost SR22 insurance in Texas.

I suggest that you shop around with a specialized broker who can show you all available policies for you to get an SR22 in Texas. This should be for free and should not have an obligation to select any of the policies shown to you. If you were charged with any fee, you may not be dealing with a reputable Texas SR22 insurance provider. If you have already taken a look at all available policies, all you have to do is compare them and select the one that’s best for your brother. The Internet is one of the better sources of getting a free quote from multiple insurance carriers with no obligation.

Reader’s Question:

I’m so concerned about my daughter because she likes to party a lot and often times drives her way home drunk. My daughter is 17 years old. My husband has once been charged with DWI here in Houston Texas and served more than three months of jail time. What are the consequences that my teen daughter might be facing if she will be caught drunk and driving?

Eileen

Houston, TX

Thanks for asking, Eileen

The Texas law states that a minor (under age 21) commits an offense if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system.

If your teenage daughter will be charged with DWI in Houston, since she is under 18 years old, the court will require you, as a parent, to be present with your daughter at every court appearance. The parent can be forced to attend by the court. If a minor will be convicted with DWI in Texas, penalties include fine of $500-$2,000, jail time up to 180 days and community service for 20-40 hours.

I suggest you talk to her as soon as possible to make her aware of the consequences she might be facing if she will be charged with DWI.

Reader’s Question:

My cousin was charged for DUI here in Houston. It is so hard to believe the accuracy of the tests being done by the police after being pulled over because of a traffic accident. How accurate and reliable are the means of the police to determine alcohol concentration?

Anne

Houston , TX

In the State of Texas , the law provides that testing of alcohol concentrations can be performed by analysis of a suspect’s breath, urine or blood. All of these methods of testing, however, leave much to be desired.

Blood testing is thought by the majority of forensic scientists to be the most reliable and accurate means of alcohol concentration determination. From a police perspective, though, it is also thought to be the least convenient and least desirable method of testing. Like the testing of urine specimens, it provides an opportunity for the suspect to recheck the blood test. The validity of the police test can be attacked by re-testing the exact specimen taken by police if found to be erroneous.

On the other hand, breath testing from a police perspective is the most convenient means of alcohol concentration determination. But there continues to be a heated debate among scientists. Breath samples are not preserved for subsequent checks of the initial test’s validity under current procedures for breath testing in Houston,Texas . Having a good DUI lawyer would definitely help your brother challenge the result of the breath test.