Understanding
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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Understanding The Law In Tx And Driver Responsibility
Texas Driving and Traffic Laws
Fort Worth attorney, Todd Smith in order to help interested individuals understand some of the aspects of state law, discusses Texas traffic laws and driver responsibility. To be fully up to date on the complete aspects and penalties of driving laws, you can refer to the current Texas DVM Driving Handbook which is available in print and on the DMV website.
Texas laws address education, responsibility, no fault, liability, negligence and other issues. If you have been involved in an auto accident, seek the legal advice of an automobile accident attorney in Fort Worth as soon as possible afterwards.
There are several areas of law regarding driver responsibility, driving and vehicles, in general.
Vehicles
• Normally, the owner of the vehicle bears the responsibility for any mishaps involving that vehicle, providing the driver; if it is one other than the owner has permission to operate the vehicle. (Tip – do not leave your keys in your un-occupied car!)
• Included in owner/driver responsibility is the requirement for proper registration, financial responsibility (insurance coverage) and adequate maintenance of the vehicle for safe driving. (Tip – be aware of state laws regulating minimum coverage.)
In Texas, vehicles may not be modified in a way that reflectors, lights or emblems change the color of license plates or make the numbers or state name difficult to read or hidden.
• There are numerous regulations about vehicle equipment, one of which is that video screens must not be positioned in view of the driver. Check the official DMV site for a complete list.
Driver Responsibility
• Drivers are required to be in possession of their valid driver’s license, vehicle registration and proof of insurance.
• Law requires the use of seat belts and child restraints.
• The Texas Driver Responsibility Law uses a point system as consequence for various violations, including: excessive speeding (more than 10% over the posted speed limit), Child Safety Seat violations and moving violations that result in a vehicle crash. Points will remain on a driver’s record for three years. In addition, the Department of Public Safety may assess a surcharge.
Driving While Intoxicated
• There are penalties for driving with a blood alcohol content of .08. (Lower, if you are a young driver or if you are impaired due to intoxication by alcohol or other drugs) These penalties include a progressive system with monetary fines, jail time, license suspension and possible requirement to install ignition interlock device at your own expense and also, community service.
• The law also restricts drivers or passengers from having open containers of alcoholic beverages in the car with them.
Graduated Driver License Program for Teens
• This is a multi-phased program for teens beginning at age 15 until after their 18th birthday. This program details instruction permit, driving instruction, tests and other requirements for teen drivers.
Accident Reporting
• The law requires accident reporting either by a police officer at the scene of the accident or by the driver(s) involved by completing the State Crash Report within ten days of the accident.
The Law Firm of Todd Smith
Automobile Accident Lawyers in Fort Worth, Automobile Accident Attorneys in Fort Worth, Fort Worth Auto Accident Lawyer
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