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.

Tags: breath test, driver’s license, DWI, DWI lawyer

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.

Tags: driver’s license, DWI, DWI lawyer

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.

Tags: blood alcohol content, drunk driving laws, DWI, DWI arrest, DWI lawyer

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.

Tags: blood alcohol test, breath test, DWI, DWI lawyer

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.

Tags: DUI arrest, DWI, DWI lawyer

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.

Tags: breath test, DWI, DWI lawyer, field sobriety tests

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

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.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I have been helping my brother through his DUI case in Houston, Texas for months now. I’ve done a good deal of research on this and I know that police officers are supposed to do tests on you on the spot if you’re suspected of DUI like the breath test. My brother says it took about more or less an hour for the police officer to do a breath test. Can this affect the accuracy of their charge against my brother’s case?

Frances

Houston, TX

You’re right to suspect the inaccuracy of the tests used for DUI arrests especially on how they’re applied. The breath test, the most common test that people take once they are taken to the police station, is already highly susceptible to error. If this test is not taken immediately or the timing was inaccurate, then it will not accurately measure the blood alcohol content and this can turn the tide on your brother’s DUI case. There are a lot of instances like this, especially in densely populated areas such as Houston, Texas, where the accuracy of the breath test alone has been the factor for judges to dismiss DUI cases.

For example, most testers assume that your normal breath temperature should fall on a certain level but studies have shown that some people can have higher breath temperatures due to many other factors that may not have anything to do with being intoxicated. Your metabolism also plays a big role in how fast it absorbs and gets rid of the alcohol in the body, a slower metabolism means that you can still fail the breath test even if it’s been hours since your last bottle, this can be helpful in arguing your brother’s DUI case if you suspect him having slow metabolism. One should not be tested within 15 minutes after vomiting, hiccupping or belching since these increases the amount of alcohol in your breath. Dentures can trap the alcohol in your mouth too. I suggest you get a good idea if your brother’s using any products or medications that can have other chemical compounds that can come up as alcohol since the tester only detects part of the alcohol molecule called the methyl group and this can inflate the result of the test to your brother’s disadvantage.

Tags: breath test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

We are trying to find out all the options that we have to help release a friend of mine from jail after being arrested for DUI in Houston, Texas. Aside from posting a bond, is there any other way that she can be released?

Amber

Houston, TX

Aside from posting bond, your friend who has been arrested for DUI in Houston, Texas could be released through a pretrial release program or through ROR or Release on own Recognizance. In a pretrial release program, the magistrate judge who your friend appeared before within 24 hours of her DUI arrest could choose to monitor her release. This would require her to report to some kind of a probation officer who works for the Department of Corrections. There would be some restrictions such as confining her to the county in which she was arrested and/or surrounding counties. Restrictions could also include the disallowing of any alcohol or narcotics. A more restrictive pretrial release could require that she wear an electronic monitor. Violating the terms of her release could result in her having jail time until such time as her DUI case is disposed.

Under ROR or Release on own Recognizance, the judge may find at the magistrate hearing that your friend is not a flight risk nor a threat to the community, and therefore choose to release her outright without the requirement of posting a bond or the restrictions of adhering to a pretrial release program.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer