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Plano DWI Defense Law Blog

Texas drunk driving charge defense -- Part II

Numerous vehicle drivers are arrested in Texas every year for drunk driving. The criminal courts have often found that such arrests, even if they are conducted after ordering the driver to perform a standardized field sobriety test, can turn out to be inconclusive. Many cases are dismissed every year in Texas due to the wrongful administration of field sobriety tests. Or even it is proven that the test itself was compromised due to some pre-existing condition of the vehicle's driver.

Other defenses, however, are available for those facing DUI charges. One of the basic defenses with most criminal charges is the defense of mistake. In many cases, the vehicle driver may be involuntarily inebriated. In fact, the vehicle driver may be completely unaware that the driver has any alcohol in the person's system before the individual gets behind the wheel. Such a defense of mistakes may also result in allowing the driver to be acquitted of all drunk driving charges.

Texas drunk driving charges defense: Part I

Drunk driving charges are one of the most serious forms of criminal charges in Texas, as well as in the entire United States. In most cases, a car driver arrested for drunk driving may face severe legal, financial and social consequences. Many legal professionals believe that there are various factors that may contribute to a wrongful arrest for drunk driving.

In Texas, in the event of a drunk driving arrest, Texas police will conduct at least one form of standardized field sobriety test in order to determine if the vehicle driver was driving under the influence. If that is the case, the police can arrest the driver for drunk driving. However, there are many occasions when the field sobriety test results are proven not to be conclusive.

Texas DPS prepares to stop DWI offenses during spring break

Residents of Plano, Texas, may agree that a major reason for motor vehicle accidents is driving while intoxicated. Therefore, it is always advisable to not drive a motor vehicle after consuming alcohol. However, during holiday time, when Texans are partying with their family and friends, many people forget this advice and get behind the wheel after a few drinks and end up in trouble with law enforcement officers after a roadside DUI stop.

According to news reports, law enforcement officers from the Texas Department of Public Safety will once again be on alert during Spring Break. The DPS will be increasing patrols from March 7 until March 22, to help ensure that Texas roads are safe during spring break. The DPS plans to focus on those areas usually prone to drunk driving crashes. The efforts of the DPS are funded by a grant from the Texas Department of Transportation.

Plano lawyers defend refusal of a DUI breath test

The legal limit for blood alcohol content permissible under Texas law is set at 0.08 percent for non-commercial, private drivers while commercial drivers cannot exceed 0.04 percent. If a driver is suspected of driving under the influence or driving while intoxicated, he or she may be subjected to various standard field sobriety tests and a breathalyzer test. The purpose of these tests is for law enforcement officers to try to determine whether the driver was legally drunk while driving.

In many cases, the driver may refuse to take the curbside breath test. Under Texas' implied consent law, however, refusing a breath test can result in a penalty of a license suspension for 180 days, when it's a first offense. For more than three decades, the attorneys at The Shapiro Law Firm have defended the rights of many clients who have refused to take sobriety tests, including a breathalyzer test.

Texas man booked for repeated drunk driving charges

Thousands of car accidents are reported every year in Texas. One of the leading causes of car accidents has reportedly been distracted driving in the form of driving while intoxicated or driving under the influence. Under state laws, the legal permissible limit for blood alcohol content for adult drivers over the legal drinking age is 0.08 percent for non-commercial drivers.

Recently a Texas man was arrested by the authorities for drunk driving. He was found to have nine prior incidents of drunk driving charges. Because of his track record, his latest offense was considered grave enough to deserve a felony charge.

Texas drunk driving and vehicular homicide laws

Drunk driving as defined by Texas law is when a driver operates his or her automobile after imbibing alcohol. Under state laws, the driver must have a blood alcohol level of at least 0.08 percent for non-commercial drivers and 0.04 percent for commercial drivers to be considered driving drunk. If a drunk driving accident causes a victim's death, the car driver may even be charged with a criminal felony under vehicular homicide.

If the consequences of an accident caused by a drunk driver results in a fatality and the driver is charged with vehicular homicide, the burden of proving vehicular homicide lies with the prosecution. The criminal charges relating to vehicular homicide attract very heavy penalties.

Standardized field sobriety tests in Texas

In cases where a car driver is accused of driving drunk, the prosecution may have to prove that the driver was legally drunk. A few essential elements must be present in order to prove that a driver was driving while intoxicated. Texas authorities may subject the accused to standardized field sobriety tests in order to prove that the driver was drunk while driving.

Various forms of standardized field sobriety tests prescribed under Texas law include horizontal gaze nystagmus, standing on one leg or the walk-and-turn test. In some cases, when a police officer first suspects that a driver may be intoxicated, the officer will administer a breathalyzer test. The legal permissible blood alcohol level for non-commercial drivers is 0.08 percent while that for commercial drivers is 0.04 percent. If the test shows results that exceed these limits, the driver may be arrested on drunk driving charges.

How felony DUI laws operate in Texas

Texas law strictly prohibits driving while intoxicated or driving under the influence. The legal permissible level of blood alcohol content for non-commercial or private drivers is set at 0.08 percent, while the level for commercial vehicle drivers is set at a much lower level of 0.04 percent.

In cases where a driver is found guilty of driving under the influence, the driver may be tried and convicted in a state court. In many cases, a driver may have been subjected to standardized field sobriety tests in order to determine whether the driver was driving under the influence. The accuracy of these standardized field sobriety tests however are a matter of controversy as their veracity cannot be fully determined in a court of law.

Underage drunk drivers in Texas deserve a chance to make amends

According to existing laws pertaining to driving while intoxicated, the state of Texas has zero tolerance for underage drunk drivers. That means if police officers find even the slightest traces of alcohol in the bloodstream of a person who is under the age of 21, the potential consequences for that person can be severe. These penalties include a fine of $500 and license suspension for 60 days, accompanied by mandatory community service and attendance at alcohol awareness classes.

However, in addition to these penalties, what an underage DWI conviction can do is create some serious challenges for a convicted underage drunk driver when it comes to his or her present and future prospects including. For example, a drunk driving conviction can affect privileges at school, loss of job and difficulties is securing employment later in life. This is because a DWI conviction is a stain that is difficult to remove from someone's records.

What is a Financial Responsibility Insurance Certificate?

According to Texas law, if a person is driving while intoxicated, that person is considered a danger to others on the road. Intoxication can lead to accidents resulting in injuries, fatalities and damage to property. In an effort to protect parties from such accidents, Texas law requires certain drivers to carry a Financial Responsibility Insurance Certificate, more commonly known as SR-22 insurance.

An SR-22 insurance certificate is necessary if a person is convicted of DWI charges or other similar traffic offenses. According to the law, a convicted person must apply for SR-22 and inform the Texas Department of Public Safety immediately. That person must possess an SR-22 insurance certificate for a period of two years, starting on the date of conviction. Where a person is supposed to produce an SR-22 insurance certificate, a normal insurance car or policy will not suffice.

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

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