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Plano DWI Defense Law Blog

Drunk driving offenses can be expunged with legal assistance

If you see a sobriety checkpoint in and around Plano, Texas, you rarely expect to be charged with drunk driving. You probably do not believe that you have consumed alcohol beyond the legal limit but while performing the roadside tests, it may be determined that you are drunk beyond the legal limit. In fact, you may be facing driving while intoxicated charges.

In certain cases, a person may have consumed a completely legal substance, for example, prescription medication; however, according to the laws of the state, that person can also be charged with drunk driving. Also, the law does not differentiate between people under the influence of alcohol and people who have taken prescription drugs or over-the-counter medications.

Signs of alcohol impairment Texas troopers may notice

When a Plano, Texas, resident is pulled over by a Texas state trooper, it usually means that the trooper suspects that driver has committed a traffic offense such as speeding, reckless driving or driving while intoxicated. If the trooper suspects the driver is driving impaired, that driver has to undergo certain field sobriety and breathalyzer tests. But first and foremost, the trooper observes certain behavioral and body language patterns which may indicate that the person was driving while intoxicated.

Texas judge clears drunk driver of felony charges

As many Plano, Texas, residents may agree, a conviction for driving while intoxicated can have long-term consequences and if convicted on felony DWI charges, the concerns are even bigger. This kind of conviction can not only limit a person's freedom and career prospects but can also lead to severe penalties, including imprisonment. Therefore, appropriately tackling a DWI case is very important so that consequences can be minimized or avoided.

Recently, a 45-year-old man from San Angelo, Texas, was found not guilty by a judge of felony DWI charges. According to reports, the man, who was charged more than two years ago, refused a breathalyzer and field sobriety tests at the scene. Because the state trooper stated he observed signs of intoxication in the driver's behavior, he was charged with his third DWI, which is a second degree felony. However, the charges were upgraded to a first degree felony because of a prior drunk driving conviction. The two-hour bench trial in took place in Tom Green County, Texas, with the trooper who apprehended the man serving as a witness.

What kinds of cases do not allow DWI expungement in Texas?

Some residents of Plano, Texas, know it is possible for a person to face charges of driving while intoxicated even when the driver was not actually drunk. A false positive may happen due to a fault in the testing apparatus or through an error of judgment on part of the arresting officer. Given that a DWI charge can have serious implications, it is usually wiser to contest the charge if an accused driver is sure of his or her innocence.

A graver scenario is the likelihood that the DWI charge leads to a criminal record, in which case seeking a DWI expungement should be considered. However, this may not always be possible, especially in cases where the investigation of other accompanying charges is not complete. Also, a person convicted of DWI offenses, particularly those classified as misdemeanors or penalties, are unlikely to find favor when seeking an expungement.

One killed in Bexar County drunk driving accident

The perils of driving while intoxicated are probably well known to residents of Plano, Texas. Not only is such a driver a danger to himself or herself, but also puts others on the road at considerable risk, and increases the possibility of a drunk driving accident. Drivers responsible for such incidents face felony charges and usually receive among the strictest penalties. A recent and tragic accident clearly illustrates the dangers of such incidents. However, it must be kept in mind that a person accused of such an act is not guilty until proven so and must handle their situation with care.

Can a person refuse a breath test in Texas?

In most parts of the United States, drivers possessing a valid license come under the implied consent law, which requires them to submit a breath test when asked to do so by an enforcer of the law. Refusing to do so can have serious consequences, as residents of Plano, Texas, may know.The Administrative License Revocation Program governs the processing of individuals taken into custody for failing to take a breath test.

Typically, an officer of the police department or highway patrol can pull over a driver upon suspecting that he or she may be driving while intoxicated. A breath test helps verify whether this hunch is accurate through the measurement of blood alcohol concentration. The officer is required to inform the driver that failure to take the test can result in the suspension of his or her license for anywhere between three months to two years. Such a suspension is handed out when the BAC level exceeds the threshold of 0.08.

Police to tighten safety in Texas to prevent felony DWAI

Law enforcement officials will be tightening security measures in Texas and will be out to grab every impaired driver on state roads during the holiday seasons and festivities starting with Thanksgiving, according to reports. In order to curb cases of felony DWAI, officials will be hawkeyed this season about impaired driving cases in the state, officials have said.

Each year, during the period of time spanning from Thanksgiving week to around New Year's week, felony DUI/DWI cases skyrocket, and some end in gruesome accidents causing loss to life, limb and property. This year, police officials, deputies, medical troopers and all other authorities have decided together to handle felony DWAI with the strictness that the state has never before witnessed.

Facing an ALR hearing in the Dallas-Fort Worth area

Dallas-Fort Worth is one of the largest urban areas in the world. Every day, many people travel in the area to go to work, school and play or to visit friends and family. A large percentage of the population drives to their destinations and they realize what a privilege it is to drive. Those who do not drive may still agree that driving is essential, even for running errands within a small geographic area.

However, if the police suspect you of driving while intoxicated, you could lose your driving privileges. According to Texas laws, there are two major reasons why a driver may face a license suspension: DWI convictions and breath-test refusals following a DWI stop. A DWI charge can be filed against a person if that person has a blood alcohol concentration level of 0.08 or higher while operating a motor vehicle. The BAC tolerance levels for commercial drivers and underage drivers are lower.

Are Texas dram shop laws the key to curbing DWI offenses?

Driving while intoxicated in Texas can result in serious crashes, often causing severe trauma to the parties affected, from the driver to innocent victims involved in the accident. DWI offenses have the potential to be severely taxing, emotionally as well as financially, to the person behind the wheels who is responsible for the crash. For years, police, along with lawmakers and enforcing authorities have been striving to control the issue of drunk driving, putting in place various measures to bring down the number of injuries and fatalities arising out of such accidents.

In Texas, there are laws which lay down liability on establishments who sell liquor to individuals who appear visibly drunk, or to minors, when either is consequently the cause of a drunk driving injury. These laws are called dram shop liability laws. The laws have historically helped reduce drunk driving accidents, which led to injuries or fatalities.

Duties of an intoxicated driver after a crash in Texas

In Texas, vehicle accidents are common, and the extent of the damage can range from virtually no injuries, to life-changing injuries and death. Many accidents are preventable, especially those that are caused by texting and driving, speeding and impaired driving. Intoxicated driving is perhaps the most punishable by law, and an impaired driver may be held responsible for another person's severe injuries, financial setbacks, property damage, pain and suffering and loss of life in an accident. A person who has been charged with drunk driving must take the charges seriously.

Under the Texas Transportation Code, a driver who has been involved in an accident that involves injury or the death of another person is required by law to instantaneously stop the vehicle at or near the site of the crash. If a victim is injured in the crash, the driver is also required to provide assistance to the injured.

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