Reader’s Question:

I have a DUI charge here in Houston, Texas and I am having a hard time looking for a qualified DUI attorney. Please help me. What am I going to look for when hiring a DUI attorney to defend my case?

Oliver

Houston, TX

It can be a big mistake for some people arrested for DUI to call the first Houston attorney they hear or know personally. DUI is not a simple legal issue although it is very common. You need to take the defense of your DUI case very seriously.

Only an experienced Houston, Texas DUI lawyer can advise you on ways your case may be defensible. Make sure that the lawyer that you will hire has already gone to trial on a Houston DUI case, has studied the Texas DUI law and understands the procedures fully, knows the ways to defend a DUI case and willing to go to trial if necessary.

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.

After you have settled things with your DWI attorney in Houston TX and know who will be representing you, you have to take into mind what the next steps are that you will have to take if you want to see your ultimate goal reached and your case succeed. If you want to meet those goals, then you will have to keep yourself in the circle of the process, and you will also have to stay knowledgeable and realistic.

In your next meeting with your DWI attorney in Houston TX, which should be soon, you should discuss what exactly the two of you hope to accomplish in court. Are you looking to be allowed certain restricted abilities to drive? Do you want six months in jail (or none) instead of a year? Do you want to get rid of all punishment? The last option might be the favorite for many, but is rarely possible. Discussing these things with your lawyer allow you to keep in touch with reality, and know when this will all be over–another important goal to define.

You should be in communication with your lawyer and with the people at the courthouse or the police department responsible for your case, so that you have every bit of information which might help or hurt you and can put it in the hands of your lawyer. Don’t be afraid to ask questions, and always expect an answer.

So, you’ve put off really thinking about the situation until the day you’re supposed to be hiring a Houston DWI lawyer. Don’t be afraid. I have some questions you can ask which should guide you through your consultation. They are not the limit on questions you need to be asking, but provide a firm basis to your final decision.

• Who am I going to be represented by in a court of law? Essential to your decision is the experience, pricing, and compatibility of the lawyer you will be working with, so that is the person you need to be meeting with. If the person you ARE meeting with says you will be referred to another lawyer, then you need to request a consultation with that lawyer. If that isn’t possible, bye bye.
• Be demanding about experience. You need details. Ask for the number of years your lawyer has been practicing law, and when they started on DUI cases. Do they defend DUIs full time; if so, for how long; if not, what percent of their defense is on DUI?
• Do the two of you come together on money things? Are they charging within the realm of what you would consider reasonable? Do they have options for payment plans or deferred payments? Get it on paper!

As mentioned before, there are times when you always need an attorney, while in other times it’s just very likely that you need an attorney. In this cases, there is still soimetimes the remote possibility that you will be able to come decently out of your case without a Houston DUI attorney, but it will be an extremely hard fight which you will probably lose, and it would be better to be safe and hire a lawyer. Below I have listed a few of the reasons you may find yourself in this situation, so that you can consult a lawyer and decide which way to go.

You are probably going to need to hire a Houston DUI attorney if…

• you already have a previous DUI conviction on your record and are up for your second time. With a second ticket, you will see longer jail sentences, more fines, and less leeway and willingness to forgive, so you will have to fight hard for reductions.
• you were driving under extreme toxication. Drunk isn’t drunk when it comes to DUIs, and you can get in trouble for being more drunk than the next guy. Having an intoxication level twice the limit can garner more penalties.
• you were driving with a child in the car with you. If you had someone under the age of 18 with you, you will also face more penalties.

The complexity of DUI law may be possible to breakthrough, especially if you have a simple case. It would still be hard and might take too much time out of an already busy life, so it’s still suggested to get a lawyer, but some people are indeed able to make it through less extreme DUI cases without hiring on a Houston DWI attorney. I have below listed some cases which may fall into this category. As always, to be truly sure you should consult free with a lawyer first.

You may not need to, but probably still should, hire a Houston DWI attorney if…

• you just don’t get it. You need someone to be able to sit down with you and point out and explain DUI law and what it means in the context of your case. You need to have a clear idea of the consequences of your actions so that you can prepare.
• you work at a job which has a bonding requirement
• you are working and tudying to get a professional license which you wouldn’t be allowed to get with a criminal conviction
• you would lose your job if you got a DUI