Posts tagged Intoxication
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.
Hiring a Houston DUI Attorney
Feb 1st
As mentioned before, there are times when you always need an attorney, while in other times it’s just very likely that you need an attorney. In this cases, there is still sometimes the remote possibility that you will be able to come decently out of your case without a Houston DUI attorney, but it will be an extremely hard fight which you will probably lose, and it would be better to be safe and hire a lawyer. Below I have listed a few of the reasons you may find yourself in this situation, so that you can consult a lawyer and decide which way to go.
You are probably going to need to hire a Houston DUI attorney if…
- you already have a previous DUI conviction on your record and are up for your second time. With a second ticket, you will see longer jail sentences, more fines, and less leeway and willingness to forgive, so you will have to fight hard for reductions.
- you were driving under extreme intoxication. Drunk isn’t drunk when it comes to DUIs, and you can get in trouble for being more drunk than the next guy. Having an intoxication level twice the limit can garner more penalties.
- you were driving with a child in the car with you. If you had someone under the age of 18 with you, you will also face more penalties.
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