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Plano DWI Defense Law Blog

It is possible to seal juvenile criminal records in Texas

Even one incident of drunk driving can turn into one of the biggest, life-altering mistakes a young Texas driver can makes. In many cases, a minor may have taken the car out for a spin after a few drinks and in the process was arrested as a juvenile for driving while intoxicated. Texas laws, however, provide various scenarios and provisions under which a juvenile criminal record may be sealed so the one-time misguided deed does not further jeopardize the child's adult life.

Any Texas resident with a juvenile criminal record may petition the Texas criminal records services to seal a juvenile record. An application for sealing a criminal record must be filed in the county where the original criminal investigation and trial was conducted. If a juvenile criminal record is sealed, these charges will not be visible in the public database so no person or agency will be able to gather information about the person's criminal history as a minor.

Sound advice may be a key to felony DUI defenses in Texas

Texas laws addressing driving while intoxicated are very stringent and frequently enforced. In certain cases, DWIs may attract criminal charges in addition to arrest by police officers after a breathalyzer test or other standardized field sobriety test provides some sort of proof of inebriation. The Shapiro Law Firm has experience with many cases where the accused was charged with felony DUI charges due to previous multiple convictions on drunk driving charges.

Many accused of or charged with driving drunk for a first or even second time may be charged with a minor misdemeanor. In Texas, a third arrest for driving while intoxicated might attract felony DUI charges which carry serious penalties. An experienced criminal defense lawyer may become a key to protecting a driver from false or overzealous criminal charges and keeping the accused out of jail.

What is the role of a prosecutor in drunk driving cases?

Drunk driving charges levied against an accused driver may include felony charges under Texas law. In many cases, the prosecution becomes rather zealous in trying to convict drivers with alcohol in their system, which will lead to severe penalties. Sometimes, the court has often found that the drunk driving charges levied by the prosecution may not hold up in court because they may be based on inaccurate test results or other faulty evidence.

The lawyers for the prosecution often present a case for enhanced drunk driving charges against those drivers whose blood alcohol concentration may have registered approximately 0.15 percent in the breathalyzer test. The legal permissible limit of blood alcohol concentration for non-commercial drivers in Texas is set at 0.08 percent.

Man faces drunk driving charges after fatal accident in Texas

In Texas, a driver accused of drunk driving and causing an accident may face not only civil lawsuits but also felony charges, depending on the case and the driver's previous driving history. Wrongful allegations levied against an accused driver may lead to serious problems down the road. Thus, many drivers accused of any drunk driving accident, particularly serious charges like vehicular manslaughter, will probably want to consult professional attorneys who can prepare and present a sound defense in their case.

Recently, a fatal car accident in Harris County Texas, caused the death of a motorcycle rider after a car struck the motorcycle from behind. The police put the driver of the car under arrest after the driver refused a breath test and blood test analysis. The driver has been charged with intoxicated vehicular manslaughter. A search warrant was obtained by the authorities for a blood test to be conducted. The results of the blood test were still being analyzed to gauge if the driver was in fact intoxicated during the accident.

MADD pushes for ignition device for all DUI drivers in Texas

Drinking alcohol can be an enjoyable social activity but when mixed with driving an automobile, the results can unfortunately be very damaging. Although the dangers of drunk driving have been well documented, sometimes ill-conceived choices are made, leading to drunk driving charges.

These types of charges can sometimes include certain elements that attempt to prevent use of vehicles if the driver has been drinking - interlock devices. A newly proposed bill is pushing to get these devices in more vehicles of previously charged drunk drivers.

Refusing a breath test or blood-alcohol content test in Texas

Residents in Plano and the rest of the Dallas-Fort Worth metroplex may be aware that driving while intoxicated is an offense in Texas as well as in the rest of the country. To enforce DWI laws, police officers often pull over drivers whom they suspect of driving while intoxicated. As a first step, the police officer will ask the driver to undergo certain field sobriety tests. The officer may also ask the driver to take a breath test in order to determine whether the driver was impaired enough to pose a risk to that driver or to others on the road.

While many people may be aware that refusing a breathalyzer test is an option, they should not forget that according to Texas laws, every person gives an implied consent at the time when the driver's license was obtained, which says that if law enforcement officers ask a person to undergo a breath test or blood test under the suspicion of DWI, that person must comply or the person's license will be suspended for 180 days. It may sound harsh but the reality is that a 180-day suspension is undoubtedly a far better option than facing a DWI conviction, which may has consequences that are much worse.

Texas DWI charges defense: Part IV

Any Texas resident arrested of drunk driving charges may face serious criminal charges, including not only misdemeanors under state law, but also felonies. In many cases, Texas court judges have found that tests conducted by the arresting officers were neither proper nor standardized. In addition, blood test results are not always accurate.

Many cases have established that the blood test results were inaccurate due to the swabs used for collection of evidence being contaminated before the evidence was even collected. In other cases, the alcohol swab used when collecting the blood sample may have leaked into the blood, causing the result to show incorrectly that the driver accused of drunk driving charges was actually intoxicated.

Texas drunk driving charge defense: Part III

Drunk driving charges can jeopardize the future of the person who has been accused of such an offense, according to Texas law. In many cases, a Texas resident may be ostracized by society even years after facing criminal charges because of drunk driving. This same phenomenon can also occur anywhere in the United States.

In many cases, the prosecution may rely on breath test results to determine the driver's drunkenness. However, it should be noted that often, the court determines that a pre-existing medical condition may affect the breath test results. In many cases, a man charged with drunk driving may actually have displayed signs of a diabetic reaction, which sometimes mimics alcohol impairment.

Plano criminal defense lawyers for Felony DUI

A drunk driving charge under Texas state law is a very serious offense, and a person who has committed such an offense may face criminal prosecution. In many cases, if the driver has a prior record of drunk driving charges, he or she may face a felony charge, for example, with a third drunk driving arrest. The attorneys at the Shapiro Law Firm have helped many Plano drivers defend themselves against such felony charges.

If a person has been convicted of a felony DUI charge, the person may face incarceration and may be ostracized by friends and family. In many cases, employers may not be willing to hire someone who has been convicted of a felony.

Man, 27, charged after fatal DWI crash near Plano, Texas

Driving while intoxicated may be thrilling for some people but undoubtedly, it is a dangerous and irresponsible thing to do, not only because of the driver's safety but also because of the safety of the other occupants in the vehicle and the other people on the road. A recent incident in Dallas showed just that when a car that an alleged drunk driver was operating, allegedly caused a series of drunk driving accidents near Plano. Unfortunately, a 30-year-old woman died in the accident and the 27-year-old alleged drunk driver was arrested and charged with vehicular manslaughter after he left and returned to the scene of the accident.

According to reports, the incident happened a few miles from Plano, in Farmer's Branch, at around 10 p.m. Apparently, the 27-year-old driver, who police believed was under the influence of alcohol, struck the vehicle in which the 30-year-old victim was a passenger. The driver of the car with the woman was also injured and was hospitalized; However, that driver is expected to recover.

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