Posts tagged Consequences

Hiring a Houston Texas DUI Lawyer

Reader’s Question:

My sister has been charged with DUI here in Houston, Texas. We have not decided whether or not we will hire a lawyer because my sister said that she can get out of this on her own. How important is having a lawyer in cases such as this?

Lindsay

Houston, TX

Often times, the importance of retaining a good DUI defense lawyer if arrested for driving under the influence is being overlooked. Since she was charged with DUI in Houston, Texas, the magnitude of having a good DUI lawyer on your sister’s side equals that of having the best doctor trying to save her life. Of course, a DUI conviction is not a matter of life or death in its literal sense, but a DUI conviction or guilty plea would definitely affect her life.

If your sister will be convicted for DUI, the most obvious effect on her life by is the punishment. Depending on whether she is guilty of a misdemeanor offense or a felony DUI offense, she would pay a fine, potentially lose her license to drive, possibly serve some sort of community service, and maybe serve some time in prison. Not to mention the fact that in Texas, the punishment escalates if the person is convicted of a DUI-related offense for the second time within a certain time frame.

These are just some of the possible consequences that your sister might be facing if she will be convicted for DUI. So, she has to think hard about the importance of having a DUI lawyer on her side.

Blood Alcohol Test DUI Houston TX

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

Teen Drunk Driving in Houston Get Jail Time?

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.

Hire a Houston DWI Attorney?

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 studying 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

Do I Really Need a Houston DUI Lawyer

Dealing with a DUI is stressful, so the most important thing for you to do is elax and stop worrying so that you can figure out what the next step is for you to take. After you have arranged transportation and the like after having your driver’s license suspended, that next step will probably be hiring a Houston DUI lawyer to help you with your case. DUI cases are not quite as open and shut as other traffic offenses, and can often lead to criminal convictions. In a few of the following ways, a Houston DUI lawyer can help you:

  • A Houston DUI lawyer knows DUI law and, knowing that, has a better position to help you come to an understanding of it. If you’re on your own, you could find yourself learning too much of the wrong thing, but a lawyer can introduce you to specific parts of the law which apply to you and thus make you see what you’re facing so that you can prepare for the worst and hope for the best.
  • A lawyer can handle the small stuff which is easy to forget during the stress and can mess your case up if you do forget. Paperwork, scheduling, phone calls, and so on.
  • A lawyer is able to be your representation in trial court and defend your case in a way that can help you get less consequences.