Archive for August, 2008
DWI Breath Test Refusal Houston Texas
Aug 29th
Reader’s Question:
I was told several times not to take the breath test if I’m stopped for DWI here in Houston, Texas. Why would I have to do that if I fairly know that my license would be suspended?
Roy
Houston, TX
Yes, it is true that if you refuse to take the breath test when asked to do so in a DWI investigation by a police officer in Houston, Texas, it would almost certainly result in the suspension of your driver’s license. The driver’s license suspension for breath or any blood alcohol test refusal would be for at least 180 days. However, there are a lot of issues about the breath tests and breath testing machines as many have already raised their concerns about the potential inaccuracy of the breath tests.
It would also be difficult for a DWI lawyer to defend the DWI case which involves breath tests. This is one of the primary reasons why even some DWI lawyers think that it would be impossible for them to recommend any driver to voluntarily submit to breath testing in a DWI investigation. They would rather prefer their potential clients to refuse a breath test, even if it means that they might lose their driver’s license for quite a while, especially if their client has had anything more than a single drink of an alcoholic beverage.
What is a DWI ALR Hearing in Houston Texas
Aug 29th
Reader’s Question:
Aside from keeping my driving privileges if I win my ALR hearing, what are the other benefits of this, how would I request for the hearing and how many days do I have to file it if I am charged with DWI in Houston, Texas?
Liezl
Houston, TX
If you’re charged with DWI in Houston, Texas, your request for an administrative license revocation (ALR) hearing should be received by the Texas Department of Public Safety no later than 15 days after receiving or are presumed to have received “Notice of Suspension.” In most DWI cases, that would be the 15th day after you were arrested. The notice of suspension is a sheet of paper which usually doubles as your “temporary driving permit.” At the bottom of your notice, you will see a fine print that would explain how to request an ALR hearing. You could request a hearing by calling on weekdays during normal business hours or you could also send your request through fax.
An ALR hearing should be requested whenever possible because even if you lose your ALR hearing, your DWI lawyer could obtain critical documents and information about your DWI arrest through the driver’s license “discovery” process. These information and documents would help in defending your DWI case in the criminal court.
What Are Common Causes Of DWI Charge in Houston?
Aug 27th
Reader’s Question:
What could be the elements that a person in Houston, Texas can be charged for DWI? How can they prove intoxication of the person while he was driving?
Archie
Houston, TX
A first offense for DWI in Houston, Texas is a Class B Misdemeanor and if we will legally define it, it would be a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. The elements of DWI include that the person, on or about a particular date, was operating a motor vehicle in a public place, in a particular county, while intoxicated. The streets, highways, parking lot, beach, etc. are considered public places. “Intoxication” is the term used for prosecution of DWI cases and has been specifically defined by the Texas legislature.
There are three different ways that the State of Texas my prove intoxication. The first one is by not having the normal use of physical faculties. The second one is by not having the normal use of mental faculties and the third one is having a blood alcohol concentration of 0.08 or more. It is very important to note that the law provides for intoxication through the introduction of any intoxicating substance into the body. It would not be a defense for DWI if the person has valid prescription for a substance.
Who Is The Best DUI – DWI Lawyer in Houston Texas?
Aug 25th
Reader’s Question:
It’s so bad that I was charged with DWI here in Houston, Texas. I gotta find the best lawyer, so how would I find the lawyer who could help me?
Max
Houston, TX
Selecting DWI lawyers may seem difficult at first and let me warn you that it’s not a good idea to hire the first lawyer that you meet. There are so many lawyers in Houston, Texas who don’t limit their practice in defending DWI and criminal cases and some of these lawyers only handle a few cases a year. Some lawyers may even be incompetent or inexperienced and don’t have much knowledge about DWI.
For you to be able to find the best lawyer, you must know some things that could help you narrow your search. You have to find out if the firm have lawyers who are highly experienced in defending DWI cases and these lawyers are those who limit their practice to DWI defense. The lawyer you would hire should also have access to the State’s most experienced expert witnesses on the forensic testing of breath and blood alcohol. You would also know if the lawyer is ethical if you ask him/her if they make promises as to the results that they can obtain. The answer should always be no, because specific results could not be predicted accurately. Lastly, I strongly suggest you not to hesitate to ask the lawyer if their firm would actually handle your DWI case or would sign you up and refer you to another firm or lawyer.
How Do I Get a DWI Expunction From My Record in Houston Texas?
Aug 24th
Reader’s Question:
I heard that my DWI charge here in Houston, Texas can be completely removed from my record. Who is entitled for this, how do I go about doing that and what are the conditions for it?
Marquis
Houston, TX
You can have your DWI charge in Houston, Texas completely removed from your record by way of expunction. Not only does it remove criminal charges from personal records but also arrests, including those of DWI and DUI. Anyone who has been placed under a noncustodial or custodial arrest for committing either a misdemeanor or felony is entitled to have all records and files relating to the arrest expunged. A person charged with DWI can do this if he/she has already been tried for the offense and acquitted by the trial court or convicted and subsequently pardoned.
If you have been released and your DWI charge has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision, you are definitely entitled for expunction. After notice to the state at your request, the trial court presiding over your DWI case in which you were acquitted should enter an order of expunction for you not later than the 30th day after the date of your acquittal. Also, you should not have been convicted of a felony in the five years preceding the date of your arrest is a condition for having your DWI charge expunged.
Would It Be Cheaper To Plead Guilty To DUI in Houston Texas?
Aug 22nd
Reader’s Question:
Is it true that is more costly to defend a DWI case than to plead guilty? If that is the case, will it be better if I just plead guilty to my DWI case in Houston, Texas?
Damian
Houston, TX
Sure it is more costly to defend a DWI case than to plead guilty but you have to keep in mind that so much is at stake which includes considerable penalty fees. This is the reason why the possibility of winning your DWI case in Houston, Texas should not be just dismissed; and it could cost less than you think.
Assuming your DWI case could not be won and just pleading guilty is the biggest mistake that you could do for yourself. Even some DWI lawyers commit this mistake and advise their client to plead guilty after getting the test result and the police report. But you need to know that the breath test, other chemical tests and the field sobriety tests all have potential built-in flaws and these flaws could make the difference in defending your DWI case. An example is that the results of a breath test can be challenged through a Motion to Suppress, with cross examination of the police officer or expert witness or evidence of your sobriety. Considering all these facts, it would not be better for you to just plead guilty on your DWI case.
DUI Rhomberg Balance Test Houston Texas TX
Aug 21st
Reader’s Question:
I heard that the Rhomberg balance test is used by police officers in Houston, Texas if they suspect that a driver is under the influence. How is this test being done and is this an accurate indicator of impairment?
Eden
Houston, TX
The Rhomberg balance test is an instrument used by police officers in Houston, Texas on drivers whom they suspect of DUI. But this test is considered to be designed for failure and the only purpose is to give the officer probable cause for the DUI arrest and evidence to support a drunk driving court case. The Rhomberg balance test is a non-standardized test which means that it is not recognized by the National Highway Transportation Safety Administration (NHTSA). The result of this test holds less weight in court because the NHTSA has not found it to be an accurate indicator of physical and mental impairment.
During the Rhomberg balance test, the motorist is told to stand with his/her feet together, with head tilted back and eyes closed. He/she should estimate the passage of 30 seconds, then tilt the head forward, open his or her eyes, and say “stop.” If he/she overestimates a period of 30 seconds by counting too slowly, the officer would likely conclude that the driver is under the influence of alcohol. If he/she underestimates 30-second period by counting too quickly, the officer could conclude that the driver is under the influence of stimulants.
Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests
Can I Find Employment after Houston DUI Arrest?
Aug 13th
Reader’s Question:
I’m very much concerned about my job after being arrested for drunk driving in Houston, Texas and I fear that I might just be terminated or something. Shall I take the risk and tell my employer that I was recently charged with DUI?
Buck
Houston, TX
Many employers would not hire someone who has a drunk driving conviction in their driver’s history. Most companies go back a certain number of years to check a potential employee’s background. Since you are currently employed, I hate to tell you that a DUI conviction could end your employment. If your drunk driving arrest in Houston, Texas would be reported to your employer, you may either be suspended or terminated. I suggest that you check your employee handbook to see what it says about being arrested for any criminal charge. Some companies even periodically check’s a driver’s history of their employees.
The question of reporting an arrest for DUI is a very important issue that you need to address to your DUI attorney immediately. Do not disclose your DUI arrest with your employer until you have spoken to your DUI attorney. Your DUI attorney would give you the best advice possible on what you should do after your DUI arrest. You have to be knowledgeable on your rights and obligations before risking immediate termination because of your DUI arrest.
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