Posts tagged Dui Arrest
Can I Find Employment after Houston DUI Arrest?
Aug 13th
Reader’s Question:
I’m very much concerned about my job after being arrested for drunk driving in Houston, Texas and I fear that I might just be terminated or something. Shall I take the risk and tell my employer that I was recently charged with DUI?
Buck
Houston, TX
Many employers would not hire someone who has a drunk driving conviction in their driver’s history. Most companies go back a certain number of years to check a potential employee’s background. Since you are currently employed, I hate to tell you that a DUI conviction could end your employment. If your drunk driving arrest in Houston, Texas would be reported to your employer, you may either be suspended or terminated. I suggest that you check your employee handbook to see what it says about being arrested for any criminal charge. Some companies even periodically check’s a driver’s history of their employees.
The question of reporting an arrest for DUI is a very important issue that you need to address to your DUI attorney immediately. Do not disclose your DUI arrest with your employer until you have spoken to your DUI attorney. Your DUI attorney would give you the best advice possible on what you should do after your DUI arrest. You have to be knowledgeable on your rights and obligations before risking immediate termination because of your DUI arrest.
Houston Texas DUI Arrest – Should I Answer Police Questions?
Aug 6th
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.
Can The Smell of Alcohol Be Enough in Houston DUI Arrest?
Jul 30th
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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