Posts tagged Arrested For Dui

How Can I Get Out Of Jail After Houston DUI Arrest?

Aug 11th

Posted by author in Posting Bail

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.

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Houston Texas DUI Arrest – Should I Answer Police Questions?

Aug 6th

Posted by author in Traffic Stops

Reader’s Question:

It might be scary to get arrested for DUI especially if you don’t know what to do when you’re already there. If I will be stopped for DUI suspicion here in Houston, Texas, do I have to answer the officer’s questions and can I refuse a search of my vehicle?

Madisen

Houston, TX

If you will be stopped for DUI suspicion in Houston, Texas, the first thing that the police officer would do is to ask for your license and registration. At some point after the officer do that, he/she will ask you if you have consumed any alcoholic beverages. It would be perfectly within your legal rights to politely refuse to answer the questions. The police officer could still decide that he/she has enough reason to arrest you, but simply refusing to answer the question is not reason enough. But the downside in refusing to answer the officer’s questions is that you would look suspicious, that is why, if you have not had anything to drink, the best idea is usually to simply say so.

Regarding your question on refusing a search of your vehicle, you have the legal right to do so. The officer could not arrest you simply for refusing to consent to a search of your vehicle. But in some limited cases, your car can be searched without your permission or a warrant so long as the officer has probable cause to believe that you have committed a crime. Do not resist even though you think that what the officer is doing is illegal. It could not be used at trial if the officer illegally obtains evidence against you.

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Can The Smell of Alcohol Be Enough in Houston DUI Arrest?

Jul 30th

Posted by author in Blood alcohol level tests

Reader’s Question:

I have read an article that alcohol may not be detected by merely the smell of it. If that is the case then, can we say that the odor of alcohol is not enough for DUI arrest in Houston, Texas?

Shanice

Houston, TX

Yes, the odor of alcohol is really not enough for a DUI arrest in Houston, Texas. A study shows that police may not be able to detect the odor of alcohol on the breath of motorists who are pulled over for investigation. The smell of an alcoholic beverage on the breath of a motorist is very often used by police to create reasonable belief that the person has alcohol in his/her body. A police officer who forms this kind of belief can demand that the person provide a sample of breath into a portable breath test (PBT) device. A person who registers positive on the PBT would be arrested for DUI and taken for breath tests to find out the amount of alcohol in his or her system.

In a recent study, 20 experienced police officers were asked to detect the odor of an alcoholic beverage on the breath of 14 subjects who had blood alcohol content (BAC) that ranges from .00 to .13%. The drinking subjects were not seen in the experiment. The odor of an alcoholic beverage was detected in 2/3 of the subjects for BACs that are below .08%, and 85% of the time when BACs exceeded .08%. The police observers were less successful in detecting the odor of alcohol after food consumption by the drinking subjects. Moreover, the officers were unable to recognize what type of beverage was consumed and it was found that the strength of the odor as noted by police doesn’t have correlation to BAC levels.

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Hiring a Houston TX DUI Attorney

Jul 7th

Posted by author in DUI Lawyer in Houston TX

No comments

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.

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