DWI blogs

Posts

What must be proved to find you guilty of DWI?

What must be proved to find you guilty of DWI?

Answer:

Your identity,
You were operating,
A motor vehicle,
In a public place,
In Texas, while
Your Blood Alcohol Level was .08 or higher, by
The introduction of alcohol, a drug, or a combination thereof into the body.

What must be proved to find you guilty of DWI? Answer: Your identity, You were operating, A motor vehicle, In a public place, In Texas, while Your Blood Alcohol Level was .08 or higher, by The introduction of alcohol, a drug, or a combination thereof into the body.

What are your rights if you are arrested?

What are your rights if you are arrested?

Answer: The police officer is required to take a person in front of a magistrate without unnecessary delay, but no later then 48 hours. The magistrate is required to inform the person accused of:

The charges against him,
They have the right to hire an attorney,
They have the right to remain silent,
They have the right to have an attorney present during questioning by law enforcement or a prosecuting attorney,
The have the right to terminate the questioning at any time,
They have the right to request a court appointed attorney, if the person arrested in indigent or cannot afford to hire an attorney,
The procedures for requesting a court appointed lawyer,
They have the right to an examining trial,
The person arrested is not required to make a statement and any statement may, can and will be used against the person arrested. The magistrate is also required to allow the accused reasonable time and opportunity to consult counsel and to be admitted to bail if allowed by law.

What are your rights if you are arrested? Answer: The police officer is required to take a person in front of a magistrate without unnecessary delay, but no later then 48 hours. The magistrate is required to inform the person accused of: The charges against him, They have the right to hire an attorney, They have the right to remain silent, They have the right to have an attorney present during questioning by law enforcement or a prosecuting attorney, The have the right to terminate the questioning at any time, They have the right to request a court appointed attorney, if the person arrested in indigent or cannot afford to hire an attorney, The procedures for requesting a court appointed lawyer, They have the right to an examining trial, The person arrested is not required to make a statement and any statement may, can and will be used against the person arrested. The magistrate is also required to allow the accused reasonable time and opportunity to consult counsel and to b...

What are the major areas of concern in a DWI case?

What are the major areas of concern in a DWI case?

Whether the stop was constitutional,
Whether the administration of roadside tests was constitutional,
Whether there was Probable Cause for the arrest,
How Miranda will play a role in the case with statements and other evidence,
How the roadside tests were administered,
The administration of any Breath or Blood Samples given,
The constitutionality of the search and seizure.

What are the major areas of concern in a DWI case? Whether the stop was constitutional, Whether the administration of roadside tests was constitutional, Whether there was Probable Cause for the arrest, How Miranda will play a role in the case with statements and other evidence, How the roadside tests were administered, The administration of any Breath or Blood Samples given, The constitutionality of the search and seizure.

How do I avoid being arrested for DWI?

How do I avoid being arrested for DWI?

Answer: Do not give a breath sample. The officer will most likely tell you that you will be arrested if you don't take the breathalyzer, and that your license will be suspended. What they don't tell you is that if you blow over .08 (the legal limit) you will be arrested and your license will be suspended anyway.

How do I avoid being arrested for DWI? Answer: Do not give a breath sample. The officer will most likely tell you that you will be arrested if you don't take the breathalyzer, and that your license will be suspended. What they don't tell you is that if you blow over .08 (the legal limit) you will be arrested and your license will be suspended anyway.

How much can I expect in fines if I receive probation?

How much can I expect in fines if I receive probation?

Answer: A DWI 1st carries a maximum fine of $2,000 which can be paid monthly as a part of probation. Additionally, as of Sept. 1st 2003, DPS will assess an additional penalty of a minimum of $1,000 per year for three years upon a final conviction for DWI.

How much can I expect in fines if I receive probation? Answer: A DWI 1st carries a maximum fine of $2,000 which can be paid monthly as a part of probation. Additionally, as of Sept. 1st 2003, DPS will assess an additional penalty of a minimum of $1,000 per year for three years upon a final conviction for DWI.

What are the requirements for obtaining the restricted license in a DWI or ALR suspension case?

You must mail into the Texas Department of Public Safety (DPS), a certified copy of the court order granting the occupational license. Also enclose the following:

An original pink SR-22 certificate of insurance. This is the only proof of insurance acceptable.

A $10 license fee for a one-year license or less. The maximum length of issuance is a 2-year license for $20, provided that the court order grants this length of time.

A $125 statutory reinstatement fee for the Administrative License Revocation (ALR), if required; and

A completed SR-37 form to type the occupational license.

Caveat: The Texas Department of Public Safety (DPS) requires all reinstatement fee(s) be paid prior to the issuance of the occupational or restricted license.

What are the requirements for obtaining the restricted license in a DWI or ALR suspension case? You must mail into the Texas Department of Public Safety (DPS), a certified copy of the court order granting the occupational license. Also enclose the following: An original pink SR-22 certificate of insurance. This is the only proof of insurance acceptable. A $10 license fee for a one-year license or less. The maximum length of issuanc...

Will I have to have an Ignition Interlock Device put in my car as a condition of bond?

For a first offense, conditions of bond are a matter of discretion with the Court. Generally, most judges will not make a an Ignition Interlock Device as a condition of bond for a first offense DWI. However, if you are charged with a subsequent DWI (no matter how long ago your first DWI was), with Intoxication Assault, or with Intoxication Manslaughter you are required by law to install an Ignition Interlock Device on you automobile. In fact, you will not be able to drive any vehicle that is not equipped with an Interlock Device. If the device determines a certain level of alcohol on your breath, it will temporarily disable your vehicle. When driving, you have to continuously blow into the device about every twenty (20) minutes. Please note, that the alcohol in some mouthwashes can even be enough to cause the Ignition Interlock Device to disable the vehicle if you do not wait a certain period of time after its use

Will I have to have an Ignition Interlock Device put in my car as a condition of bond? For a first offense, conditions of bond are a matter of discretion with the Court. Generally, most judges will not make a an Ignition Interlock Device as a condition of bond for a first offense DWI. However, if you are charged with a subsequent DWI (no matter how long ago your first DWI was), with Intoxication Assault, or with Intoxication Manslaughter you are required by law to install an Ignition Interlock Device on you automobile. In fact, ...

Yes, if a person receives a final conviction that person’s license may be suspended. The license suspension period ranges from 90 days up to 2 years. A conviction for driving while intoxicated under the age of 21 will result in an automatic suspension for one year, unless the person is on probation and required to have an Ignition Interlock Device..

Note: Generally speaking, in Harris County, if you are a first offender, and you represent yourself and plead guilty to Driving While Intoxicated you will more than likely receive a final conviction and lose your license for one year. Remember, the Assistant District Attorney and the Judge do not represent you, one is there to prosecute you; the other is there to preside over the case. The Judge cannot and will not give you legal advice. Again, having an experienced DWI lawyer represent you is very important to your case!

Yes, if a person receives a final conviction that person’s license may be suspended. The license suspension period ranges from 90 days up to 2 years. A conviction for driving while intoxicated under the age of 21 will result in an automatic suspension for one year, unless the person is on probation and required to have an Ignition Interlock Device.. Note: Generally speaking, in Harris County, if you are a first offender, and you represent yourself and plead guilty to Driving While Intoxicated you will more than likely receive a final conviction and lose ...