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Plano DWI Defense Law Blog

Understanding the details of no breath test refusal in Collin

Drivers in Collin and across the state need to be aware of the law of implied consent. This means that they are required to take a breath test when asked to do so by a law enforcement officer. Increasingly, the decision is made by counties like Collin to implement no-refusal crackdowns in which drivers who indicate that they might be intoxicated will be required to take a breath or blood test to determine the amount of alcohol in their blood.

The idea behind this is to prevent people from going out on the road if they believe they might be impaired. Many are unaware of the law of implied consent requiring the acquiescence to a breath test with various consequences for failing to take the test. They think they have the right to refuse when they really don't. At various times in Collin, there will be a notice served that drivers who might be drunk will be stopped by police and asked to take a breath test.

Why would there be vehicular manslaughter charges after a DWI?

For drivers in Texas who are in an accident that leaves another person injured or dead, there is the possibility that intoxication assault or vehicular manslaughter charges will be filed. The laws of the state are clear in the reasons that these charges would be filed. The penalties for a felony DWI charge are much more significant than for a simple drunk driving charge, with an extended jail sentence of up to 10 years, heavy fines for up to $10,000 and other penalties.

If there is an accident caused by impaired driving or operating any kind of motor vehicle in a public place, whether it be a boat, air vessel or some other vehicle, there will be intoxication assault charges if there is serious bodily injury to another person. Serious bodily injury refers to the type of injury that leads to a risk of the person dying, leaves them permanently disfigured or impaired.

Woman faces serious penalties for alleged DWI with newborn in car

Drivers in Collin who are arrested for driving while ability impaired need to be aware of the serious penalties they will face in the event of a conviction. These penalties and the level of charges will often depend on the circumstances of the arrest. If a driver has committed certain acts while allegedly driving while ability impaired, he or she might see the charges increased to felony DUI/DWI. There are various reasons for which a person can be charged with felony DWI.

Recently, a 20-year-old woman was arrested for DWI after a witness had contacted police about a reckless driver. Her vehicle had stopped in the middle of the road when police arrived. Upon investigation, the woman was displaying signs of being intoxicated. She was given field sobriety tests and subsequently arrested. In addition to allegedly driving under the influence, she had a two-week-old baby in the vehicle. The infant was placed in the custody of a relative.

Naked woman with child in car arrested on DWI offenses

Law enforcement in Collin takes DWI offenses very seriously and drivers need to be aware of the potential consequences. Because the dangers of driving while intoxicated are so well-known and there are frequent stories in the news of the aftereffects of a DWI incident, the punishments are intentionally harsh to dissuade drivers from getting behind the wheel after drinking. In many instances, there are other circumstances occurring during the alleged DWI that will raise the charges to felony DWI.

A 28-year-old woman was recently arrested for DWI offenses after she was witnessed removing all of her clothes before driving off. When police stopped the vehicle, they found the woman nude. In addition, she had a 3-year-old child in her lap while she was driving. The woman was arrested and the child was placed in the custody of his father.

Knowing what to do when facing felony DWI charges in Texas

When a driver in Texas is facing charges for driving while intoxicated, it can be a trying time with many issues to worry about. If the situation is severe enough with an accident and injuries or death to others, the charges can be raised to felony DWI. This can lead to major life changes, massive expenses and issues that will be a challenge long after the case has been decided. It's important that those who are confronted with the serious penalties accompanying a felony DWI understand what they're up against and know how to combat the charges and possibly win acquittal.

Felony DWI can be charged for numerous reasons including a prior record for DWI. If there is a third or more arrest for DWI, it will constitute a felony. With an accident that injures or claims the lives of others, this too can constitute a felony. The penalties for a conviction are severe. There can be a fine of up to $10,000. In addition, the accused can face a jail sentence of between 2 and 10 years. Furthermore, the defendant's driver's license can be suspended for up to 2 years. These are just the basic penalties for a felony DWI conviction, but it gets worse.

Man charged with vehicular manslaughter after alleged DWI crash

Impaired driving is taken very seriously in Plano and this is especially true when there is a fatal DWI crash. With any drunk driving accident, there is the potential for there to be severe injuries and even death. This is why law enforcement is constantly on the lookout for drivers who might be driving impaired. When there are charges for DWI, it's important that the driver knows his or her rights under the law especially if there is a vehicular manslaughter charge.

A 37-year-old man was arrested for vehicular manslaughter after a crash that claimed the life of a 60-year-old woman. The man, who is a prominent realtor, had been charged with DWI five other times before this incident. Witnesses stated that the driver was spotted weaving in and out of his lane on the road before having a head-on crash with the decedent.

Alleged intoxicated driver causes crash that breaks woman's arm

Whenever there is an accident in Collin, law enforcement will conduct an investigation to determine if there are any extenuating circumstances or laws being broken. In some cases, the accident was caused by a driver who got behind the wheel while intoxicated. If there is an injury or fatality as a result of the crash, the allegedly intoxicated driver will likely face intoxication assault charges. These charges carry with them severe penalties in the event of conviction.

A 34-year-old woman is facing a felony DWI charge after an accident broke the other driver's arm. The woman was driving south when she turned her vehicle and was hit on the passenger side of her car by a vehicle heading north. The allegedly drunk driver suffered minor injuries. She was arrested for DWI after the police investigated.

Variables in determining blood alcohol content via breath test

When a driver in Collin is stopped by law enforcement for suspicion of driving under the influence, a breath test is one of the common ways by which the officer will determine whether the driver surpasses the legal limit for blood-alcohol content. Acquiescing to a request for a breath test falls under the law of implied consent, meaning that the driver is required to take the test or face penalties for refusing a breathalyzer. It must be understood, however, that a person can register above the legal limit even if they haven't been drinking. This can be due to the use of several products that the driver might have believed were innocuous.

A driver who might have been drinking and is unaware as to whether he or she is over the legal limit might consider refusing to take a breath test. The penalties for refusal can be an inconvenience with fines and a driver's license suspension, but they are not as onerous as the conviction for driving under the influence. If a driver has used cough medicine, lip balm, a breath spray, cold medicine or has simply burped, that could result in a positive test when the driver hadn't been drinking or hadn't had enough to drink to surpass the legal limit.

Driver faces felony DWI charges after crash with children in car

For drivers in Plano who get behind the wheel after drinking, the penalties they will face if they're caught and convicted will vary depending on the situation. Depending on the circumstances in the driving while intoxicated incident, there can be multiple offenses charged and serious penalties. If the allegations are enough to result in charges for felony DUI/DWI, such as when there are children in the vehicle, a conviction can have a major influence on the driver's life.

Recently, a 42-year-old man who hit a woman's vehicle and refused to stop was arrested for DWI. The woman whose car was involved in the crash followed the car that hit her and contacted police. Police stopped the vehicle in question and he refused to exit the vehicle. They smelled alcohol on the man and gave him a sobriety test, which he failed. A warrant to take a blood test was granted and he registered over three times the legal limit. In addition, he had three children - age 5, 3 and 2 - in the car with him.

DWI one of the most common reasons for arrest in Texas

According to the Texas Department of Public Safety, there were 89,256 arrests on suspicion of driving under the influence in 2012, making drunk driving arrests the third most common type of arrests in the state. Only public drunkenness (114,436) and drug possession (124,766) outnumbered drunk driving as the stated cause for an arrest in our state that year. By comparison, aggravated assault, the No. 4 most common crime cited in arrests, was involved in only 22,155 arrests.

There could be many reasons for the high number of drunk driving arrests in Texas. Safety advocates say that the high number indicates that drunk driving is frighteningly common in our state. Indeed, the advocacy group Mothers Against Drunk Driving claims that Texas had more drunk driving-related fatalities than any other state in 2011.

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