Posts tagged Dui Case

How Accurate is a Houston Texas DUI Breath Test?

Aug 13th

Posted by author in Blood alcohol level tests

Reader’s Question:

I have been helping my brother through his DUI case in Houston, Texas for months now. I’ve done a good deal of research on this and I know that police officers are supposed to do tests on you on the spot if you’re suspected of DUI like the breath test. My brother says it took about more or less an hour for the police officer to do a breath test. Can this affect the accuracy of their charge against my brother’s case?

Frances

Houston, TX

You’re right to suspect the inaccuracy of the tests used for DUI arrests especially on how they’re applied. The breath test, the most common test that people take once they are taken to the police station, is already highly susceptible to error. If this test is not taken immediately or the timing was inaccurate, then it will not accurately measure the blood alcohol content and this can turn the tide on your brother’s DUI case. There are a lot of instances like this, especially in densely populated areas such as Houston, Texas, where the accuracy of the breath test alone has been the factor for judges to dismiss DUI cases.

For example, most testers assume that your normal breath temperature should fall on a certain level but studies have shown that some people can have higher breath temperatures due to many other factors that may not have anything to do with being intoxicated.

Your metabolism also plays a big role in how fast it absorbs and gets rid of the alcohol in the body, a slower metabolism means that you can still fail the breath test even if it’s been hours since your last bottle, this can be helpful in arguing your brother’s DUI case if you suspect him having slow metabolism. One should not be tested within 15 minutes after vomiting, hiccupping or belching since these increases the amount of alcohol in your breath. Dentures can trap the alcohol in your mouth too. I suggest you get a good idea if your brother’s using any products or medications that can have other chemical compounds that can come up as alcohol since the tester only detects part of the alcohol molecule called the methyl group and this can inflate the result of the test to your brother’s disadvantage.

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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 DUI – Arraignment and Motion to Suppress?

Aug 9th

Posted by author in Court Proceedings

Reader’s Question:

I just recently had the arraignment of my DUI case here in Houston, Texas and I pleaded not guilty so the case will continue. Would all be the evidence against me on my drunk driving arrest automatically be admissible in court?

Grant

Houston, TX

When the prosecution begin to prepare their DUI case against you in Houston, Texas, they start by collecting all the evidence that supports their claim that you were really driving under the influence. But just because the prosecutors have collected it and want to present it at trial does not mean that it is automatically admissible. There are actually strict legal requirements that determine whether a piece of evidence can be presented at trial. A very important part of making your DUI case is arguing that the evidence that the prosecution wants to present at trial does not meet these requirements and therefore cannot be used against you.

Your DUI lawyer can formally request for motion to suppress to ask the court to exclude certain evidence from a trial because it was obtained illegally or improperly by the police officer. An example is that your DUI lawyer can argue that the officer did not have probable cause to pull you over. Suppression motion would argue that the officer’s belief that you were drunk driving was not “reasonable.” That means that the officer’s justification for your DUI stop should be something he actually saw. If motion to suppress will be successful, all the evidence that was made possible by pulling you over can also be suppressed.

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I Was Arrested In Houston For DUI – Do I Hire A Cheap Lawyer?

Aug 4th

Posted by author in Cost of Houston DWI

Reader’s Question:

After my drunk driving arrest here in Houston, Texas, my first instinct is to hire a DUI lawyer. Is it right for me to hire a DUI lawyer who has the lowest fee?

Zaylie

Houston, TX

That is actually one of the biggest mistakes that you could do after your drunk driving arrest in Houston, Texas- to hire a DUI lawyer based on the amount of fee alone. The state of Texas most definitely has unlimited resources when it comes to DUI cases. It is very important for you to hire a lawyer and pay a fee which will allow him/her to put time and effort into your DUI case to counter the prosecution.

Lawyers should earn enough in the time they spend on your DUI case for them to keep their doors open and make a living wage. If you go too low, the DUI lawyer would not be able to put in the time necessary to protect you. You should look for a reasonable and predictable fee, not the lowest fee. After all, you would not want a DUI lawyer who would bargain at the lowest rate to represent you on your DUI case.

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What Are The Common Houston DUI Field Sobriety Tests

Aug 1st

Posted by author in Blood alcohol level tests

Reader’s Question:

I have to be cautious now because I often drink and drive on a Friday night but I don’t wanna be charged with DUI. In a DUI case, what are the different field sobriety tests? If I will be caught drunk driving here in Houston, Texas, must I submit to these field sobriety tests and breath test?

Shana

Houston, TX

If a police officer pulls you over on suspicion for DUI in Houston, Texas, you can refuse to take the field sobriety tests if asked to because these tests are voluntary in the state of Texas. The standardized field sobriety testing model is created by the National Highway Transportation Safety Administration (NHTSA) which consists of the One-Leg-Stand Test, the Horizontal Gaze Nystagmus (HGN) Test, and Walk and Turn (WAT) Test. These field sobriety tests could be critical pieces of evidence in DUI cases if breath or blood tests have been found unreliable and suppressed, or if there was a refusal to take a breath test or blood test. But in other DUI cases, these tests could not have much bearing.

On the other hand, you must not refuse to take the breath test because that will lead to automatic suspension of your driver’s license and it could also be used as presumptive evidence against you and could carry additional civil or criminal sanctions.

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Do I Really Need To Hire a Houston DUI Lawyer To Defend Me?

Jul 30th

Posted by author in DUI Lawyer in Houston TX

Reader’s Question:

My brother is insistent that he won’t hire a DUI lawyer to help him defend on his DUI case in Houston Texas. I need help in explaining to him the importance of having a DUI lawyer. How can a DUI lawyer help him on his case?

Ruth

Houston, TX

A DUI charge can be very traumatic, especially if you are not familiar with the legal process in Houston, Texas. A DUI conviction is even worse because it could remain on your criminal record for your entire life. Since your brother has a DUI charge, he has to contact a DUI lawyer immediately. A DUI lawyer would advise him throughout the DUI process and serve as his advocate in court and at his case hearing against the Department of Motor Vehicles (DMV). He can be assured that every effort will be placed into successfully defending his DUI charges.

Your brother just has to make sure that the lawyer he will be hiring is an experienced lawyer in the DUI field. This kind of lawyer focuses primarily on DUI law and has years of practice experience and a winning reputation. The DUI process is very complex and confusing that is why your brother will need to retain the services of an aggressive DUI lawyer. A DUI lawyer could help him get the legal process with ease and provide him with up-to-date DUI resources and knowledgeable counsel.

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Should You Perform a Houston Field Sobriety Test?

Jul 25th

Posted by author in Traffic Stops

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.

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Beating a Houston DUI Case

Jul 24th

Posted by author in DUI Lawyer in Houston TX

Reader’s Question:

My father has been charged with DUI in Houston, Texas. This is his first DUI offense and obviously, we want to help him win his DUI case. Is there a way to beat a DUI charge?

Olson

Houston, TX

There are many ways to beat or win over a DUI conviction, even if your father had blood alcohol content (BAC) over the legal limit. An experienced DUI lawyer in Houston, Texas will look at multiple methods to attack the charge. First, the DUI lawyer should look at the stop itself or when your father was asked by police officer to pull over. An officer must have at least reasonable suspicion to make a stop on the highway. A good DUI lawyer would look at all the circumstances surrounding the stop of the vehicle, and make sure all State and Constitutional Laws regarding search and seizure have been followed.

If your father performed a standardized field sobriety test (FST), that test should be scrutinized for mistakes by the officer, and if he has taken a Breathalyzer, then that machine and its operation must be analyzed completely. From lack of probable cause to make an arrest, or reasonable suspicion to make a stop, the police officer not conforming with all the rules regarding breath tests or performing FST’s inaccurately, there are many ways to beat a DUI charge.

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Cheap Houston Texas DUI Lawyer?

Jul 17th

Posted by author in DUI Lawyer in Houston TX

Reader’s Question:

My sister was charged with DUI here in Houston, Texas. She is not decided whether or not she will hire a DUI lawyer. If she decides to do so, what are the things that she should be careful about? She does not have much money so she will need a rather cheap dui lawyer

Tim

Houston, TX

Since your sister was charged with DUI in Houston, Texas, it would be of big help for her to defend her DUI case if she will hire the services of a DUI lawyer. But in doing so, there are certain things that she should always remember in thoroughly choosing a DUI lawyer. This also involves some things that she should be careful about when dealing with lawyers.

One of the things that your sister should be careful about is the “sweet-talker” because this type of lawyer would entice her to believe on the good results with regard to her DUI case. More often, these lawyers may only be after the retainer’s fee or the acceptance fee your sister would give them. One other thing that your sister should be careful about is the over-extended lawyer. This type of lawyer handles too many DUI cases so he/she may not have the time to effectively handle your sister’s case. The fee that the lawyers quote their client is also something that your sister should take note of. Keep in mind that those who charge too high or too low may have other motives that you could suspect.

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Been Caught Drunk Driving in Houston Texas?

Jul 10th

Posted by author in DUI Lawyer in Houston TX

Reader’s Question:

Luckily for me, I have never been caught drunk driving here in Houston, Texas. I know many people who have been charged with DUI. I hope the same thing will not happen to me because I know it would cost me a lot of time, money and effort. But if ever, what will the police officer ask me if I will be stopped for DUI suspicion?

Dennis

Houston, TX

When you are caught by a police officer for a DUI suspicion, a chain reaction of legal steps ensues. Drunk driving in Houston, Texas is a serious offense. The state of Texas requires blood alcohol content (BAC) of drivers to be .08% or less. Texas also has harsher punishments for drivers with extremely high BAC levels over .15 percent.

Generally, if a police officer stops you for DUI suspicion, you will be asked to perform field sobriety tests (FST) or an actual sobriety test to measure your level of intoxication. There are several testing options exist including breath, urine and blood tests. The state of Texas has implied consent law about sobriety tests. That means that if you get behind a wheel, are implying consent to take an alcohol test on the spot if requested. You, as a driver, usually have choice of tests. Breath testing is easier to challenge for accuracy than blood tests but breathalyzers do not scan for the presence of other drugs. If you refuse the test or have a BAC level over the limit, the police officer will probably take you into custody at the local police station. It is likely someone will have to pick you up or you will have to sleep overnight at the station to sober up, depending on your previous charges.

At this point, you will need an assistance of a qualified DUI lawyer in Houston, Texas to make sure that you know all the available options on your DUI case if ever you will be charged with one in the future.

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