Posts tagged Dwi Case
Auto Insurance After DWI Houston Texas
Sep 24th
Reader’s Question:
How important is the auto insurance issue for someone who is charged with drunk driving? I heard that my father is worried about his insurance after being charged with DWI here in Houston, Texas.
Mai
Houston, TX
Auto insurance is a very significant issue for your father since he is charged with drunk driving in Houston, Texas. Insurance companies depend on many factors regarding their rates, and this includes driving record. DWI convictions would cause many insurance carriers to drop someone who is insured, and others would raise their rates significantly.
A lot of people who have been arrested for drunk driving who are in the process of fighting their DWI case are confused about what to tell their auto insurance company. It would be best if your father will consult with an experienced DWI lawyer who knows the issue about drunk driving insurance. But remember that our American system of justice presumes that those who stand accused are innocent until they are proven guilty in court. So it would be best not to reveal a pending DWI case to an insurance carrier. Keep in mind that without a DWI conviction, there would be no obligation to do so. You can advise your father to find the best insurance company for his auto insurance if he is currently not insured. He can definitely get an online rate quote from a great and affordable auto insurance company available from this website.
What Is DWI Arraignment in Houston Texas?
Sep 17th
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.
Second DWI Offense Houston Texas TX
Sep 14th
Reader’s Question:
My brother was arrested for his second DWI offense here in Houston, Texas. What are the penalties involved and will he be imprisoned?
Efren
Houston, TX
DWI is a very time-sensitive case so your brother needs to act quickly because his DWI charge in Houston, Texas is already his second DWI offense. Before I educate you on the penalties that would be involved if your brother will be convicted, let me remind you first the he must employ the services of an experienced DWI lawyer to help him file the necessary paperwork and defend him on his DWI case. Several aspects of his life will be greatly affected if he once again will be convicted for DWI.
Your brother will be imprisoned or pay fines if he gets convicted for his second DWI offense. That would be between 30 days to one year and the fines would be up to $4,000. He could also be penalized for both incarceration and fine. The probationary period could be up to 24 months long and include several conditions set by the judge. Having jail time as a condition for the probation is also normal. The driver’s license suspension would be from six months to two years. If the judge doesn’t set a term of suspension, the Department of Public Safety would suspend his license for one year. The completion of the required DWI Intervention Program would not prevent the suspension of his license.
Do You Take The DWI Breath Test Houston Texas?
Sep 13th
Reader’s Question:
I have heard so many negative things about the reliability of breath tests in a DWI case but I want to know what is the breath test machine used in the state of Texas. And in case I get arrested for DWI in Houston, Texas, should I take the breath test?
Hilda
Houston, TX
I would say, if you get arrested for DWI in Houston, Texas, you may choose not to take the breath test because it has serious problems in accurately determining the quantity of ethyl alcohol present in a breath sample. The breath test machine may be useful in determining if any alcohol is present, but deficiencies in the machine make test results unreliable. It would definitely not make sense to risk your freedom, job, marriage, auto insurance rate and lots of money on a DWI breath test which is fraught with many problems.
Breath tests in DWI cases in the state of Texas are far more common that blood tests. Breath test machines are generally put in prisons for easy access by law enforcement officers, results would be available in minutes, samples are analyzed in an environment completely controlled by police officers, and the process is much cheaper. The state of Texas uses the Intoxilyzer 5000 as a breath test machine in DWI cases.
How Do I Get a Bail Bond in Houston Texas For DUI Charge?
Sep 10th
Reader’s Question:
My older sister was charged with DUI here in Houston, Texas and I heard my parent talking about a bail or something. What does this mean and does this involves money or I just thought so?
Joy
Houston, TX
In any criminal case, which includes those for DWI cases, the term bail is being used in a lot of recognizable senses such as security-cash or bond-that is given for the appearance for the person arrested for DWI, the bondsman and it could also refer to release the suspect. The first definition is the most common and must be employed for clarity. Admission to bail bond is the order of the court that the DWI suspect be discharged from custody upon bail. The discharge on bail is being accomplished by the acceptance by the court of security for the appearance of the suspect before a court for some part of the criminal proceeding.
In your sister’s DWI case in Houston, Texas, the bail is evidenced by a cognizance or bond that would ordinarily become a record of the court. The bond is in the nature of an agreement that is basically of that the state would release your sister from custody the sureties would undertake that she would appear at a specified time and place to answer the charge made against her. If she fails to appear, the sureties become the absolute debtor of the state for the amount of the bond.
DWI Breath Test Refusal Houston Texas
Aug 29th
Reader’s Question:
I was told several times not to take the breath test if I’m stopped for DWI here in Houston, Texas. Why would I have to do that if I fairly know that my license would be suspended?
Roy
Houston, TX
Yes, it is true that if you refuse to take the breath test when asked to do so in a DWI investigation by a police officer in Houston, Texas, it would almost certainly result in the suspension of your driver’s license. The driver’s license suspension for breath or any blood alcohol test refusal would be for at least 180 days. However, there are a lot of issues about the breath tests and breath testing machines as many have already raised their concerns about the potential inaccuracy of the breath tests.
It would also be difficult for a DWI lawyer to defend the DWI case which involves breath tests. This is one of the primary reasons why even some DWI lawyers think that it would be impossible for them to recommend any driver to voluntarily submit to breath testing in a DWI investigation. They would rather prefer their potential clients to refuse a breath test, even if it means that they might lose their driver’s license for quite a while, especially if their client has had anything more than a single drink of an alcoholic beverage.
What is a DWI ALR Hearing in Houston Texas
Aug 29th
Reader’s Question:
Aside from keeping my driving privileges if I win my ALR hearing, what are the other benefits of this, how would I request for the hearing and how many days do I have to file it if I am charged with DWI in Houston, Texas?
Liezl
Houston, TX
If you’re charged with DWI in Houston, Texas, your request for an administrative license revocation (ALR) hearing should be received by the Texas Department of Public Safety no later than 15 days after receiving or are presumed to have received “Notice of Suspension.” In most DWI cases, that would be the 15th day after you were arrested. The notice of suspension is a sheet of paper which usually doubles as your “temporary driving permit.” At the bottom of your notice, you will see a fine print that would explain how to request an ALR hearing. You could request a hearing by calling on weekdays during normal business hours or you could also send your request through fax.
An ALR hearing should be requested whenever possible because even if you lose your ALR hearing, your DWI lawyer could obtain critical documents and information about your DWI arrest through the driver’s license “discovery” process. These information and documents would help in defending your DWI case in the criminal court.
Who Is The Best DUI – DWI Lawyer in Houston Texas?
Aug 25th
Reader’s Question:
It’s so bad that I was charged with DWI here in Houston, Texas. I gotta find the best lawyer, so how would I find the lawyer who could help me?
Max
Houston, TX
Selecting DWI lawyers may seem difficult at first and let me warn you that it’s not a good idea to hire the first lawyer that you meet. There are so many lawyers in Houston, Texas who don’t limit their practice in defending DWI and criminal cases and some of these lawyers only handle a few cases a year. Some lawyers may even be incompetent or inexperienced and don’t have much knowledge about DWI.
For you to be able to find the best lawyer, you must know some things that could help you narrow your search. You have to find out if the firm have lawyers who are highly experienced in defending DWI cases and these lawyers are those who limit their practice to DWI defense. The lawyer you would hire should also have access to the State’s most experienced expert witnesses on the forensic testing of breath and blood alcohol. You would also know if the lawyer is ethical if you ask him/her if they make promises as to the results that they can obtain. The answer should always be no, because specific results could not be predicted accurately. Lastly, I strongly suggest you not to hesitate to ask the lawyer if their firm would actually handle your DWI case or would sign you up and refer you to another firm or lawyer.
How Do I Get a DWI Expunction From My Record in Houston Texas?
Aug 24th
Reader’s Question:
I heard that my DWI charge here in Houston, Texas can be completely removed from my record. Who is entitled for this, how do I go about doing that and what are the conditions for it?
Marquis
Houston, TX
You can have your DWI charge in Houston, Texas completely removed from your record by way of expunction. Not only does it remove criminal charges from personal records but also arrests, including those of DWI and DUI. Anyone who has been placed under a noncustodial or custodial arrest for committing either a misdemeanor or felony is entitled to have all records and files relating to the arrest expunged. A person charged with DWI can do this if he/she has already been tried for the offense and acquitted by the trial court or convicted and subsequently pardoned.
If you have been released and your DWI charge has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision, you are definitely entitled for expunction. After notice to the state at your request, the trial court presiding over your DWI case in which you were acquitted should enter an order of expunction for you not later than the 30th day after the date of your acquittal. Also, you should not have been convicted of a felony in the five years preceding the date of your arrest is a condition for having your DWI charge expunged.
Would It Be Cheaper To Plead Guilty To DUI in Houston Texas?
Aug 22nd
Reader’s Question:
Is it true that is more costly to defend a DWI case than to plead guilty? If that is the case, will it be better if I just plead guilty to my DWI case in Houston, Texas?
Damian
Houston, TX
Sure it is more costly to defend a DWI case than to plead guilty but you have to keep in mind that so much is at stake which includes considerable penalty fees. This is the reason why the possibility of winning your DWI case in Houston, Texas should not be just dismissed; and it could cost less than you think.
Assuming your DWI case could not be won and just pleading guilty is the biggest mistake that you could do for yourself. Even some DWI lawyers commit this mistake and advise their client to plead guilty after getting the test result and the police report. But you need to know that the breath test, other chemical tests and the field sobriety tests all have potential built-in flaws and these flaws could make the difference in defending your DWI case. An example is that the results of a breath test can be challenged through a Motion to Suppress, with cross examination of the police officer or expert witness or evidence of your sobriety. Considering all these facts, it would not be better for you to just plead guilty on your DWI case.
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