Posts tagged Lawyer

Blood Alcohol Test DUI Houston TX

Reader’s Question:

Does a person in Houston Texas have the option not to take a Breath or Blood Test?

Alison

Houston, TX

 

Alison the answer is yes. Even if Texas has an indirect consent law, a person arrested for DWI may turn down the test being asked for. This refusal may result to the following penalties: a 180-day suspension of your right to drive for a first DWI arrest, a 2-year suspension of your right to drive a vehicle for a following arrest within 10 years if you decline to submit to a test in your first arrest, and the prosecutor can disclose your refusal into evidence in your DWI trial. The prosecutor will then dispute that you refused the test because you knew you were too drunk and that you would fail the test.

If you give in to a test and fail, your right to drive can be suspended and the following consequences may happen: a 90-day deferral of your right to drive if your driving record shows no previous alcohol connected detention, a 1-year postponement of your right to drive if you have a previous arrest or suspension with the preceding 10 years, and the prosecutor can divulge the results of the test as proof at your DWI trial.
If you do not want to get a breath test, it is much better to tell the police officer that you want to speak to your attorney before making any decision, is different from refusing. Again, they probably will not give you the chance to talk to a lawyer, but there will be no test will that will still be given

DWI Attorneys in Houston Texas

After you have settled things with your DWI attorney in Houston TX and know who will be representing you, you have to take into mind what the next steps are that you will have to take if you want to see your ultimate goal reached and your case succeed. If you want to meet those goals, then you will have to keep yourself in the circle of the process, and you will also have to stay knowledgeable and realistic.

In your next meeting with your DWI attorney in Houston TX, which should be soon, you should discuss what exactly the two of you hope to accomplish in court. Are you looking to be allowed certain restricted abilities to drive? Do you want six months in jail (or none) instead of a year? Do you want to get rid of all punishment? The last option might be the favorite for many, but is rarely possible. Discussing these things with your lawyer allow you to keep in touch with reality, and know when this will all be over–another important goal to define.

You should be in communication with your lawyer and with the people at the courthouse or the police department responsible for your case, so that you have every bit of information which might help or hurt you and can put it in the hands of your lawyer. Don’t be afraid to ask questions, and always expect an answer.

Hiring a Houston DUI Attorney

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.