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Plano DWI Defense Law Blog

Learning how expungement of record can help for the future

For drivers in Texas, there are numerous things to consider when they are stopped on suspicion of DWI offenses and arrested. While getting the charges dropped or an acquittal can save the person from facing jail time, fines, a driver's license suspension and other penalties that depend on the level of the offense, they will still have a criminal record.

Our firm understands that even the hint of a criminal past will poison the minds of some against the individual. Whether the charges were valid or not often doesn't make a difference. This is why, if possible, it's a smart decision to try and receive an expungement of record. For those unfamiliar with how an expungement of record works, very simply, it will either erase the record entirely or make the individual eligible to have non-disclosure. This will seal the record from the public. In an effort to make a prior arrest disappear, these can be highly effective to help a person's future. Having been sentenced to probation will exclude a person from being eligible for expungement.

Man arrested on DWI second offense after falling asleep in car

Police in Collin are constantly on alert for drivers who might be committing DWI offenses. If a driver is stopped and arrested for driving while intoxicated, the driver will face numerous potential penalties in the event that there is a conviction. The circumstances and number of DWI offenses they're charged with will determine how significant the penalties are.

A 27-year-old man was arrested on DWI charges after police found him sleeping in his vehicle at an intersection at shortly after 12:40 a.m. The man stated that he'd been drinking and was unaware of where he was. He performed poorly on a field sobriety test and was given a breath test. He registered over twice the legal limit of 0.08 percent. This arrest is a DWI second offense for the man as he'd been arrested in mid-June for DWI.

Boating while intoxicated is as serious as DWI

In Texas, the summer means fun out on the water. Many people enjoy boating as a recreational activity or make their living with their boats. Often, they think that since it's the water and there are fewer vehicles or people in the area, it's safe to have a few drinks and still operate their boats without fear from law enforcement investigating them. In truth, boating while intoxicated is an act that can lead to arrest and substantial penalties.

Law enforcement has been stepping up its investigation of possible drunken boaters. According to the U.S. Coast Guard (as reported in 2011), in 2010 alone there were 330 boating accidents due to alcohol across the nation. 293 people were injured and 126 died as a result of these accidents. Many don't realize that the freedom they believe they have on the water is actually making it riskier for them to take dangerous chances. There aren't traffic lights and there are fewer law enforcement officers to ensure the laws are followed and safety procedures are adhered to. In addition, it's possible that it will take a longer time for rescue crews to arrive after an accident.

Detention officer arrested for DWI after refusing a breath test

If a driver in Texas is stopped by law enforcement on suspicion of driving while intoxicated, there is a law of implied consent that he or she is required to submit to a breath test to determine blood-alcohol content. If the driver commits breath test refusal, there will be a number of penalties independent of whether the driver's BAC was above the legal limit. In some instances, drivers are aware of this. In others, they're not.

A 27-year-old woman who works as a detention officer at a Texas jail was arrested for DWI. According to the police report, the woman was swerving on the road and speeding at approximately 2:30 a.m. Her vehicle was clocked at 84 miles-per-hour in a 65 miles-per-hour zone. In addition, the vehicle allegedly went onto the shoulder of the road and almost hit a concrete barrier numerous times. When the vehicle was stopped, the investigating officer stated that the driver smelled of alcohol. The driver stated that she had consumed three vodka and cokes earlier in the evening. She refused to submit to a breath test. She was arrested and a warrant was granted to draw blood from her.

What are the important facts about DWI offenses in Texas?

While it's known that driving under the influence is illegal in Texas, there's often confusion as to what constitutes being drunk, how one can be charged with DWI offenses and the potential consequences for a conviction. There are certain laws in place to try and preclude drivers from driving after drinking and to impart punishments if they do commit the act, are caught and convicted.

Even with the laws, there will still be people who choose to drink and drive. People who have had a drink or two might not realize the affect that can have on their reactions when they're operating a motor vehicle. It depends on the size of the person drinking and other factors. The level of blood alcohol content to warrant an arrest is 0.08 percent. This can be measured with a breathalyzer machine or via blood test.

Man faces charges on multiple DWI offenses after fleeing police

For drivers in Plano, Texas DWI offenses can lead to serious penalties. Because driving while intoxicated can result in injuries and even death, law enforcement officials are constantly watching for drivers who are committing the act. When there is an arrest, drivers charged with a crime for DWI will be confronted with the possibility of a jail sentence and other punishments. Depending on the circumstances, these penalties can be very harsh.

A 40-year-old man with DWI offenses in his past was arrested for allegedly driving drunk again. The police began pursuing the driver at almost 2:15 a.m. He tried to flee and made it an estimated three miles before he was caught. He went through a backyard and almost crashed into a home. He then hit a trailer before he was finally stopped and arrested. The man has previous convictions for DWI and other criminal acts going back almost 20 years.

If possible, seeking DWI expungement is a wise decision

People in Collin, Texas who are arrested on a DWI charge might not be concerned about the arrest and possible consequences they face alone. They might be worried about the long-term stigma of having the arrest on their record even if they're acquitted. While a person who is acquitted of the charges doesn't have to worry about fines, a driver's license suspension and possible jail time, there is still a record of the arrest. This could have an influence on getting the job of their choice or being admitted to a school.

A common way in which people have their records cleared is known as expungement. This can be used to clear criminal records. In fact, a recent case in the news highlighted the story of an heiress to the Wal-Mart fortune who was charged with DWI, had the charges dropped and requested that the record be expunged. The request was eventually granted.

Man faces felony DWI charges after crash with child passenger

For drivers in Plano, the consequences for driving while intoxicated can be severe. If there is a conviction, it may result in serious penalties that will have a significant influence on their lives and the lives of their families. When the charge is felony DUI/DWI, the penalties are much more substantial.

Shortly after 5:00 p.m., a law enforcement officer tried to make a traffic stop after seeing a Nissan SUV hit a parked vehicle in an apartment complex parking lot. Instead of stopping, the driver of the Nissan attempted to escape. The driver then crashed his vehicle at an intersection and tried to get away on foot. Upon investigating the vehicle, a three-year-old boy was found inside. He was unhurt. The 52-year-old man was caught a short time later and faces multiple charges for driving while ability impaired with a child in the car.

When will a driver be charged with breath test refusal?

For drivers in Texas, being stopped on suspicion of driving under the influence is a traumatic event that will leave many wondering what their rights are and what they should do. Conflicting information is the foundation for mistakes and that holds true when a driver is asked by a law enforcement officer to take a test to determine their blood-alcohol content. Often, drivers believe that the Constitution affords them the right to refuse a breath test. This is not the case and if they refuse, they will add to the charges they already face.

According to state law, drivers are subject to the law of implied consent. This means that there is an automatic understanding that part of driving legally includes submitting to a breath test when asked to do so. If the driver refuses, there will be an automatic license suspension. In the event that a driver is stopped by law enforcement for operating a motor vehicle or a boat while intoxicated, he or she is required to take the test or face a license suspension for breath test refusal as per the terms of the Administrative License Revocation (ALR) Program.

Man arrested for driving while intoxicated with kids in vehicle

In Collin, drivers might not be aware of what constitutes a felony DWI and its accompanying penalties in the event of a conviction. Driving while intoxicated is known to be against the law and has certain punishments along with it, but when the charge is a felony DUI/DWI, drivers will face major life changes and serious penalties if convicted. These are far worse than for a conventional DWI. One specific circumstance that can lead to a felony DWI charge is driving under the influence while children in the vehicle.

Recently, police stopped a 41-year-old man because of a traffic infraction. During the stop, they found evidence that the man was driving while intoxicated with three children in the vehicle. When the officer spoke with the driver, the officer smelled alcohol. The driver was given field sobriety tests and failed. Two of the children were age 10 and the other was age 9. The driver was arrested.

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The Shapiro Law Firm | 701 E. 15th Street | Plano, TX 75074

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