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.
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Reader’s Question:
A friend of mine has been charged for DWI in Houston, Texas. I’m very much concerned because I was told that if he will be convicted, his punishment can be enhanced. What does this mean and what are the circumstances under which a punishment can be enhanced?
Will
Houston, TX
There are statutes governing DWI laws in Houston. A driver can easily lose his driver’s license if he has one swig too many. One good thing about Houston DWI laws, though, is that it has definitely brought down the accident rate due to drunken driving in Houston, Texas.
Houston DWI laws include implied consent laws which mean that when the Department of Motor Vehicles (DMV) issued a license to a driver, he/she had legally agreed to or implicitly agreed to submit to chemical testing at the request of a law enforcement official, as and when you are required to do so. If he/she fails to consent to these laws, then he/she is in danger of further enhancement of the punishment. Punishment can further be enhanced under a variety of circumstances. If the DUI suspect has a prior Houston DWI conviction, he/she will naturally face stiffer penalties for subsequent DWI offenses.
DWI conviction is also harsher when children are involved in the accident, when excess speeding is involved or during cases where the defendant has a particularly high level of oxygen in the blood. The blood alcohol level should not exceed 0.08 percent. Moreover, a felony DWI conviction means that the conviction remains permanently on the driver’s record.
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