Laws
Understanding DWI Laws in Houston, Texas
There was a time when DWI was considered a minor offense, but cultural changes have turned it into a serious charge. Residents arrested for driving drunk, DWI in Houston can face serious repercussions, ranging from fines on up to time in prison depending on circumstances. The good news is that even though you are charged with Driving While Intoxicated, you are not guilty, and there are a variety of defenses available that can lead to dropped charges or acquittal. You will never know what your options is until you contact an attorney for a free consultation. Here’s what you should know about DWI laws in Texas.
Driving While Intoxicated is defined as operating a motor vehicle under the influence of alcohol or drugs. If the police can prove any drug use, they can charge you with Driving While Intoxicated, and any blood alcohol level over .08 is illegal. If you are operating a commercial vehicle the alcohol level is actually lowered to .04. Minors under the age of 21 face strict zero tolerance laws-any detectable amount of alcohol, even a scent on their breath, will cause them to be charged with Driving Under the Influence. In many states DUI is similar to DWI with slightly different standards of proof, but in Texas DUI is exclusively used to charge minors for driving with any amount of alcohol in their system. If you cause an accident while driving drunk, your penalties can increase dramatically, and any injury is charged as intoxication assault, any deaths can result in up to 20 years in prison.
In general, your first drunk driving charge is treated as a Class B misdemeanor. While this may sound like a minor charge, it is punishable by up to six months in the Harris County jail if you are arrested in Houston Texas or a ,000 fine. Furthermore, as a result of attempts to discourage drinking and driving, drunk driving charges face additional “surcharges” which can mean up to ,000 a year for three years for your first offense. Your second drunk driving charge is a Class A misdemeanor, which carries penalties of up to a year in jail, and the surcharges rise to ,500 a year for three years. In all of these cases probation is likely-you will be required to pay court fees, attend a drunk driving education course, perform up to 100 or 200 hours of community service and perhaps attend Alcoholics Anonymous meetings or rehab. You will also likely have your license suspended for six months.
Your third drunk driving charge is a Third Degree felony, which carries a penalty of at least two years in prison (up to 10 years), a ,000 fine plus the surcharges and a license suspension of up to two years. Any charge incurred while a minor under 15 was in the car is a felony, and your second arrest will require a breath-testing ignition lock be installed on your car as a condition of bail. These are serious consequences, and you need a lawyer to protect your interests.
An attorney can prevent a DWI from ruining your life, and might even be able to get the charges dropped. Some of the tests developed to test blood alcohol level are less than reliable, but you cannot challenge these in court unless you have an effective lawyer with experience defending these cases in Houston Texas. A good lawyer can also be the difference between getting only probation and spending months in jail. Your case needs representation, but the longer you wait the less effective we can be. Contact Houston’s experienced drunk driving attorneys at Madrid, Martinez and associates today for a free consultation!
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Since 1999, Madrid, Martinez & Associates has been helping locals fight all levels of Houston DWI and drunk driving charges. Proud Houstonians Mario Madrid and Herman Martinez are active in the legal community, and seek to understand in-depth Texas DWI law and defenses. It’s this combination of passion and experience that sets them apart from most other attorneys. For more drunk driving articles please visit our site.
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Texas Driving Laws as Stipulated in the Texas Transportation Code
Each state has its own driving laws and the drivers who are in those states are required by law to obey them. For this reason even if you are visiting any other state besides your own it is a good idea to know the road laws for that state. For instance Texas driving laws while they are in many ways similar to those of the other states, have certain differences.
To find these differences and understand what they mean you should consult the Texas driving code or any of the other driving code manuals which detail the various road laws in Texas. These code books are The Texas Manual of Uniform Traffic Devices, and The Texas Department of Public Safety’s Driver’s Manual. You can also consult the Texas Transportation Code to find the various road rules in the state of Texas.
While it is a good idea to know the Texas driving laws there are instances when you may be unsure about why some people who live in Texas drives in a manner that is not described in these books. This is due to the fact that there are various laws that are not that well known by the Texas people and in a few cases even by the Texas Traffic police.
This is probably due to the fact that as new rules are added or existing rules are changed the laws have not been told to the public. Since these laws are not ones that every one is aware of, people have been known to break these Texas driving laws. There are also times when the signals of the road have been misunderstood.
To avoid these situations it is best to know what these road signals and signs mean. By having a passing knowledge you can avoid getting a traffic citation. If for some reason you do get a traffic citation you should not make a fuss. Instead pay your fine with good grace. Find out what mistake you made and make sure that you don’t commit that error again.
This thing to remember at these times is that by learning from your mistakes, you can help others to keep from making these types of mistakes. The best thing about driving is the freedom to go any where that you want.
You will be able to see the sunrise in the mornings without any of the city smog covering your view. To be able to enjoy these types of views you should be familiar with road laws. These are in place to keep you and everyone safe. The Texas driving laws are there for that reason as well. So it is to your advantage to know these driving laws of the state of Texas.
Muna wa Wanjiru is a web administrator and has been researching and reporting on internet marketing for years. For more information on Texas driving laws, visit his site at TEXAS DRIVING LAWS
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