Posts tagged Alcohol
Should You Perform a Houston Field Sobriety Test?
Jul 25th
Reader’s Question:
My daughter has been arrested for drunk driving in Houston, Texas. She was asked to perform field sobriety tests and she failed them. I was told that these tests do not accurately determine driver impairment. Can she use this as a defense?
Madison
Houston, TX
Yes, it’s true, field sobriety tests (FST’s) do not accurately measure the driver impairment for probable cause to support an arrest for DUI. So your daughter can use that as a defense in her DUI case in Houston, Texas. Many researchers observed that FST’s determine balance, reaction time and steadiness but concluded that a connection between these factors and driving ability was not apparent. That’s because neither a simple movement time nor steady stance is essential to the safe operation of a motor vehicle. The researchers conceded that FST’s may show the presence of alcohol but did not necessarily measure driving ability.
In general, police officers do not give the FST’s uniformly and there is no scientific basis for assuming these tests are valid. Many of these officers either improperly instruct the suspect driver on how to perform the tests or administer the wrong tests. A DUI defense lawyer can obtain a pre-trial suppression ruling to exclude the FSTs and their alleged indication of impairment due to lack of improper instructions and scientific foundation.
Houston Texas DWI Penalties
Jul 20th
Reader’s Question:
This is the first time that my son has ever been charged with DWI. He got into an accident but we are still thankful that no one was hurt. What are the possible penalties involved if he will be convicted for DWI in Houston, Texas?
Deedee
Houston, TX
Driving while intoxicated with alcohol or other intoxicating drugs or DWI is a very serious offense in Texas. The problem is that most people don’t realize that this is such a huge problem until they commit it. A lot of people pose to be dare devils and engage in drunk driving and speeding. Their merriment comes to a full stop once they are charged with DWI and fear starts showing on their faces.
Since your son has been charged with DWI in Houston, Texas, in the absence of aggravating factors, the first DWI offender could get off a little lightly. He may face the following penalties and punishments:
-A fine of an amount not exceeding $2000
-A jail term of three days to six months
-He may have to do community service for 24 hours to 100 hours as per ordered by the court
-If it appears that the he has an alcohol habit, the judge may have to order him to go in for rehabilitation
On the other hand, in case that there are aggravating factors like a child in the car, loss of limb or life of casualty, etc. involved in the case, the punishment may increase. So they say ‘Prevention is better than Punishment’ in the case of DWI and thus, it is advised that we take steps to avoid driving for at least 12 hours after the last drink.
Teen Drunk Driving in Houston Get Jail Time?
Jun 26th
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.
Houston Texas DUI Attorney Consultation
Feb 1st
At your consultation with your Houston Texas DUI attorney, your attorney and you will decide where to place the next step forward. However, in order to do this, you will need to know where you stand at the moment. Get as much information as you can about your case so that the two of you can look at it. Some of the most important information is the evidence, because it will make or break you.
- Verbal.
- when pulled over by a police officer, you speak in a slurred voice and mix your words up
- when asked how much alcohol you have had, you answer, whether truthfully or not, that you have had a large amount
- Sight.
- the police officer spots you weaving in and out of other people’s lanes
- you drive in some other unusual/dangerous way
- when asked to walk in a straight line, you can’t
- you have bloodshot eyes
- Tests.
- when given a test to determine your BAC, you have a high result
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