Posts tagged Dwi Cases
Will My DWI Charge Result in License Suspension in Houston Texas?
Sep 13th
Reader’s Question:
I know that if someone is arrested for DWI in Houston, Texas, the driver’s license could be suspended. But what I need to know is that, do all DWI arrests end in the suspension of the driver’s license of the DWI suspect?
Holly
Houston, TX
The driver’s license suspension that you are referring to is the Administrative License Revocation (ALR), but not all DWI arrests end with suspended driver’s licenses. In most DWI cases, a “Notice of Suspension” is served immediately after the breath or blood alcohol test is failed or refused by the DWI suspect. Unless and until the driver’s license becomes suspended, the DWI suspect could drive without restriction.
A lot of police officers in Houston, Texas tell the people they arrest for DWI that the license is suspended as of the moment of arrest, which is not true. The DWI suspect would automatically lose his driver’s license unless a hearing request is received by the Department of Public Safety within 15 days upon the DWI suspect’s receipt of his notice of suspension. Making a timely and proper request would entitle the accused to a hearing if the driver’s license would be suspended. This administrative hearing would be conducted by the State Office of Administrative Hearings (SOAH) and this usually happens within six weeks of arrest. The driver’s license suspension ranges from 90 days to two years.
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.
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.
What Are Common Causes Of DWI Charge in Houston?
Aug 27th
Reader’s Question:
What could be the elements that a person in Houston, Texas can be charged for DWI? How can they prove intoxication of the person while he was driving?
Archie
Houston, TX
A first offense for DWI in Houston, Texas is a Class B Misdemeanor and if we will legally define it, it would be a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. The elements of DWI include that the person, on or about a particular date, was operating a motor vehicle in a public place, in a particular county, while intoxicated. The streets, highways, parking lot, beach, etc. are considered public places. “Intoxication” is the term used for prosecution of DWI cases and has been specifically defined by the Texas legislature.
There are three different ways that the State of Texas my prove intoxication. The first one is by not having the normal use of physical faculties. The second one is by not having the normal use of mental faculties and the third one is having a blood alcohol concentration of 0.08 or more. It is very important to note that the law provides for intoxication through the introduction of any intoxicating substance into the body. It would not be a defense for DWI if the person has valid prescription for a substance.
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.
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