DWI attorney Houston
DWI Arrest Houston Texas
Sep 28th
Reader’s Question:
I was once stopped by police officers in Houston, Texas for erratic driving. I stopped and explained that I have faulty brakes at the time and looking for the nearest auto repair shop. Still they wanted me to submit to a Breathalyzer test but I refused. What consequences may arise for these kinds of situation?
James
Houston, TX
There may be a lot of instances that a suspected drunk driving may lead to an arrest for DWI. One term being used is what we call “Probable Cause”. If a police officer noticed that you are driving erratically, he can ask you to pull over to check for signs of drunk driving. If his reasonable belief has been justified by physical evidences (such as booze bottles inside your vehicle), he may then ask you to prove that you are not under any kind of substance and alcohol influence. He may first ask you to take tests like walking a straight line. If his suspicions are still strong, they may even ask you to take a breath analyzer test. Refusal to do so may possibly lead to an arrest based on facts and circumstances.
There had been strict law enforcement with regards to safe driving Houston, Texas. There had already been a long debate as to speed limits, alcohol and breath tests just to maintain road safety. So in case you get pulled over by a police officer for a reasonable cause such as over speeding, possible drunk driving and the likes, I suggest you hire a lawyer who is expert in defending road offenses such as DUI. I also recommend getting an affordable auto insurance carrier that would not beat you hard for such troubles.
DWI Laws in Houston Texas
Sep 27th
Reader’s Question:
My entire family agreed to move in Houston, Texas. My eldest son is already taking driving lessons and would be ready to hit the road in a month’s time. I would just like to know, how do DWI laws in Houston worked so far?
Marc
Houston, TX
Like most of the States, Texas also implemented statues and laws on Driving While Intoxicated. Houston, Texas DWI law describes DWI as driving while intoxicated. This may actually include driving any vehicle under the influence of drugs or alcohol. Stricter and harsher DWI laws have been implemented as brought about by the increasing motor population and road accidents. But I can tell that it has a positive impact, because accidents caused by drunk driving were brought down. Some major impacts of DWI may include but not limited to losing your driver’s license (especially for repeated violation), pay a penalty, or even get barred from getting a driver’s license ever (that’s on top of jail imprisonment). Punishment can be further aggravated under a variety of circumstances. If you have a previous Houston DWI conviction, you will naturally face stiffer penalties for subsequent DWI offenses. The alcohol percentage in the blood must not be greater than 0.08.
It therefore makes sense to know about these laws and try not to get caught napping while in a DWI situation. You can search internet websites and article resources for thorough details on Houston DWI laws. I recommend at great DWI lawyer on this website who is really helpful in educating us about DWI laws. And since your son is about to drive on his own, I also suggest that you start hunting for a good DWI insurance just in case something happens.
DWI Fines Houston Texas TX
Sep 26th
Reader’s Question:
My brother was caught for DWI here in Houston, Texas and I heard that Houston has stricter DWI laws as compared to any other city in Texas. Do you have any information as to how much is the usual penalty or fine for DWI?
Albert
Houston, TX
There are more rigorous driver responsibility laws put in place in Houston, Texas now than ever before. You may come to a point of paying a high price for a DWI conviction. On your first offense, you could end up paying around $1,000 and a second DWI offense could set you back by $1,500. The charges being cumulative, a convicted driver can end up paying potentially $2,500 in a year. Now that is really a good amount of money that you can end coughing up. It is important that you charter the services of a good DWI attorney to fight your case. A Houston DWI attorney may be able to defend you and substantially reduce the amount of the fine.
A Houston DWI attorney is capable of pointing out the mistakes that the law enforcement agencies may be made during the conviction or argues on the basis of wrong procedures adopted during the chemical tests. The sooner you hire a professional, the better your chances of winning in a Houston DWI charge. Aside from that, being charged with DWI also makes significant factors in getting DWI insurance. These companies may either give you higher rates or if you are on auto insurance, the insurance company may drop off your eligibility. I suggest that you and your brother may need to research more about available DWI insurance on this page and check their free quotations.
What Is DWI Arraignment in Houston Texas?
Sep 17th
Reader’s Question:
My cousin got arrested for DWI here in Houston, Texas and it’s nearing her first court date. Question is, what usually happens in the first courtroom proceeding?
Jayden
Houston, TX
The first courtroom proceeding for your cousin’s DWI case in Houston, Texas would be the arraignment. During the arraignment, she will be called before a criminal court judge. She will be referred to as the “defendant,” be provided with copies of the charges against her, read the charges and her rights to her. She will also be asked if she has an attorney, or in the event that she cannot afford one, if she would like a court-appointed attorney.
During this proceeding, your cousin will also be asked how she wishes to plead to the charges. At this point, she should provide an answer or “guilty” or “not guilty.” In case an attorney is not present with her, or she fails or refuses to answer the question, or is conscious but unable to answer the question, a lot of courts would simply enter “not guilty” plea on her behalf and set a future court date to give the defendant time to either retain an attorney or decide how to proceed going forward. At this hearing, it will also be decided whether or not to set bail, or whether any preliminary bail amount set by the police should be changed.
DWI Walk And Turn Test Houston Texas
Sep 17th
Reader’s Question:
I was lucky enough not to have been charged with DWI after being pulled over a few days ago here in Houston, Texas. During the stop, I was asked to do some tests like walking on a straight line among other things. I knew that the officer was looking for a clue that I was intoxicated, if he found at least one clue, will I be charged with DWI then?
Larry
Houston, TX
DWI lawyers in Houston, Texas usually see the walk and turn test offered with only an imaginary line. It would be difficult to tell that the test would be hard without the studies. DWI lawyers would also commonly see their clients who were ordered to stand heel to toe while the instructions are delivered. Standing in this unnatural pose for one minute while listening to a police officer for important instructions may be more challenging than intended.
It is generally common for a police officer to identify one (and only one) clue would seem to indicate probable impairment. An example is that a police officer would generally say that a DWI suspect “stumbled on the turn.” But according to the National Highway Traffic Safety Administration (NHTSA) Study, this would amount to only one indicator of impairment and does not show that the accused is probably impaired.
DWI Administrative License Revocation Houston Texas TX
Sep 15th
Reader’s Question:
I was recently arrested for DWI here in Houston, Texas and I’m about to request for the ALR hearing. Where will the hearing for my driver’s license suspension be held?
Ralph
Houston, TX
The State Office of Administrative Hearings or SOAH is the one which will conduct the Administrative License Revocation (ALR) hearing that is dedicated to the sole purpose of suspending your driver’s license. After your DWI arrest in Houston, Texas, a green “Notice of Suspension” was served to you and your driver’s license was literally taken by the police officer in exchange for a temporary permit. If the Department of Public Safety (DPS) does not receive a request for hearing within 15 days upon your arrest, your driver’s license will be automatically suspended.
The driver’s license suspension ranges from 90 days to two years and without a hearing request, the suspension begins on the 40th day after you have been served of the notice. If you request the hearing within 15 days, it will entitle you to an administrative hearing to determine if your driver’s license will be suspended. Just a little reminder that the hearing should not only be sent, it should be received by the DPS within 15 days. You can drive while you are waiting for your hearing and if you win your hearing, your license will not be suspended. If you lose your hearing, you may apply for an occupational driver’s license that permits you to drive to and from work.
Tags: driver’s license, DWI, DWI lawyer
Second DWI Offense Houston Texas TX
Sep 14th
Reader’s Question:
My brother was arrested for his second DWI offense here in Houston, Texas. What are the penalties involved and will he be imprisoned?
Efren
Houston, TX
DWI is a very time-sensitive case so your brother needs to act quickly because his DWI charge in Houston, Texas is already his second DWI offense. Before I educate you on the penalties that would be involved if your brother will be convicted, let me remind you first the he must employ the services of an experienced DWI lawyer to help him file the necessary paperwork and defend him on his DWI case. Several aspects of his life will be greatly affected if he once again will be convicted for DWI.
Your brother will be imprisoned or pay fines if he gets convicted for his second DWI offense. That would be between 30 days to one year and the fines would be up to $4,000. He could also be penalized for both incarceration and fine. The probationary period could be up to 24 months long and include several conditions set by the judge. Having jail time as a condition for the probation is also normal. The driver’s license suspension would be from six months to two years. If the judge doesn’t set a term of suspension, the Department of Public Safety would suspend his license for one year. The completion of the required DWI Intervention Program would not prevent the suspension of his license.
Do You Take The DWI Breath Test Houston Texas?
Sep 13th
Reader’s Question:
I have heard so many negative things about the reliability of breath tests in a DWI case but I want to know what is the breath test machine used in the state of Texas. And in case I get arrested for DWI in Houston, Texas, should I take the breath test?
Hilda
Houston, TX
I would say, if you get arrested for DWI in Houston, Texas, you may choose not to take the breath test because it has serious problems in accurately determining the quantity of ethyl alcohol present in a breath sample. The breath test machine may be useful in determining if any alcohol is present, but deficiencies in the machine make test results unreliable. It would definitely not make sense to risk your freedom, job, marriage, auto insurance rate and lots of money on a DWI breath test which is fraught with many problems.
Breath tests in DWI cases in the state of Texas are far more common that blood tests. Breath test machines are generally put in prisons for easy access by law enforcement officers, results would be available in minutes, samples are analyzed in an environment completely controlled by police officers, and the process is much cheaper. The state of Texas uses the Intoxilyzer 5000 as a breath test machine in DWI cases.
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.
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