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Plano DWI Defense Law Blog

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.

Weighing the options with Texas DWI breath and blood tests

When Texas police officers suspect a driver of being intoxicated, they may pull over the driver's vehicle and administer certain sobriety tests. One of the most common -- and most controversial -- of these is a chemical breath test using a Breathalyzer or Intoxilyzer machine. They may also order a blood test, in which technicians extract a blood sample with a needle.

Under Texas law, all drivers imply their consent to submitting to a breath or blood test when they accept their driver's license. If you are pulled over and then refuse to submit to one of these tests, you may have your driver's license suspended for at least 180 days. No doubt, this potential penalty is enough to make many drivers submit to a breath test without hesitation. However, there may be limited circumstances in which refusing to take the test is the better option.

Man crashes into road workers and faces felony DWI charges

Drivers in Collin who are charged with driving while intoxicated after having an accident with injuries will face the prospect of a felony DWI. If there is a conviction on these charges, there can be significant criminal penalties. When there is a vehicular assault, those who have been charged can see their entire lives turned upside down even before they are convicted and punished. It's imperative that they know their rights and how to lodge a strong defense.

A 27-year-old man was arrested on multiple offenses after crashing into members of a road crew and leaving the scene. The driver allegedly ignored an off-duty law enforcement officer who was signaling for him to stop. The man was driving a pickup truck that subsequently crashed into a paving machine. He then allegedly hit two workers as well as three other employees. The man was arrested at his home a short while later and he was later released on $50,000 bail.

What punishments do commercial drivers face for DWI charges?

In Texas, the punishments for a conviction on DUI/DWI charges can be harsh. Because the infraction is taken so seriously, it's a significant hardship on those who are charged with a crime and convicted. For ordinary drivers, the potential consequences are bad enough, but what happens for commercial drivers who rely on his or her driver's license to be able to work?

First, note that under Texas law, license suspension and revocation is handled not by the criminal justice system, but through a system known as Administrative License Revocation. This system involves hearings that are similar to those in the criminal courts in many ways, but not the same.

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.

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