Reader’s Question:

I have been charged with DUI in Fort Worth, Texas. A friend of mine was charged for DUI as well a few years back and she lost her case. She said that it could have been because her lawyer was not a DUI specialist but rather a general practitioner. Would it really make a difference if I will choose a lawyer that is a DUI specialist?

Gabriel

Fort Worth, TX

It would really make a big difference if you choose a DUI specialist rather that hiring a general practitioner to defend you on your DUI case in Fort Worth, Texas. DUI is a very serious traffic violation so you can also be seriously penalized if you get convicted because you have chosen a wrong lawyer to defend you on your DUI case.

It is very important to note that lawyers who specialize in DUI cases know the latest legal developments in the field of DUI. That way, a DUI lawyer will be able to guide you better on your case. An experienced DUI lawyer has access to expert witnesses who can help you on your defense. A good DUI lawyer also has knowledge that general practitioner wouldn’t have. A DUI lawyer also has great experience in reviewing DUI case information, especially chemical testing results and has a better understanding on the case. Being represented by a DUI lawyer would give you the best chances for defeating the DUI charge or minimizing the penalties imposed against you if you will be convicted.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My cousin was convicted for DUI here in Beaumont, Texas. He told me that it is required for him to file SR22 car insurance because of his DUI conviction. What is SR22 insurance and why is it a requirement for people convicted for DUI?

Fae

Beaumont, TX

Texas SR22 car insurance is a form that requires proof of insurance by way of a certificate filed with the Texas Department of Public Safety (DPS). This would be a requirement for your cousin since he was convicted for DUI in Beaumont, Texas. The SR22 provides a guarantee to the Texas DPS that the driver has the state required amount of coverage and if the policy has gaps, has ended or if there was a lapse in the coverage, the SR22 filing requires the insurance company to immediately notify Texas DPS. The Texas DPS will promptly suspend the drivers driving privileges and Texas drivers license upon notification of such an occurrence.

Texas SR22 insurance coverage is normally required for a period of two to three years from the date the driver’s license was reinstated after a Texas DUI conviction. Your cousin would have to check with Texas DPS to be certain of his specific SR22 insurance requirements. Normally this will be mailed to him in a certified letter when your Texas driver’s license is first reinstated.

Tags: drunk driving insurance, DUI lawyer, insurance, SR22 insurance

Reader’s Question:

I was told that my father could get an occupational driver’s license so that he could still drive while his license was suspended because of a DUI charge in Texas. How does this occupational driver’s license work and how can he obtain this?

Lucy

Corpus Christi, TX

Aside from worrying about getting out of jail, people charged with DUI in Texas also worry about having able to drive again once they bail themselves out and wait for their trial. Since your father was charged with DUI, his license was automatically suspended. Now, he needs to find a way to get himself to work and back to your home. He can be given an occupational driver’s license on a short term basis until his regular license can be used again. This kind of license is only for those who need to operate a non-commercial vehicle in Texas to drive to and from work. This enables your father to continue to work even though he is awaiting his court trial date.

Your father would have to speak to a judge in order for him to get an occupational driver’s license. The judge will send an order to your local Department of Public Safety (DPS) office saying that he is only allowed to have this specific license and no other. He has to remember that this license is only to get him to and from work and nowhere else. If he is pulled over for driving anywhere other than where he is supposed to be, then his occupational license will be immediately revoked and he will not be able to drive at all.

Tags: DUI, DUI lawyer

Reader’s Question:

My teenage son was charged with DUI here in Texas. He seems to be becoming more and more of a problem to us because he has been charged with DUI twice before. But still, we want to help him as much as we could. I just want to know, what are the penalties involved for DUI by a minor?

Bill

Amarillo, TX

In the state of Texas, DUI is a crime with which a minor (under 21 years of age) who has consumed any amount of alcohol is charged. Regardless of what the minor’s blood alcohol content (BAC) when he or she is pulled over by a police officer, if the motorist is under 21, he or she will be charged for DUI.

This is not to say that a minor cannot receive the more serious charge of DWI, but is merely to say that there are more crimes available to an individual that is not yet 21 concerning drinking and driving. Fortunately, a DUI is actually not as serious of a crime as a DWI. The crime is just a reflection of Texas State’s Zero Tolerance policy for minors and alcohol.

Since this is already his third DUI offense, if it is shown at the trial of your son that he is a minor who is not a child and who has been previously convicted at least twice for DUI, he would have a fine of not less than $ 500 or more than $ 2,000; or confinement in jail for a term not to exceed 180 days; or both the fine and confinement.

Tags: DUI, DUI lawyer

Reader’s Question:

My sister has a DUI conviction here in Texas. Part of her concern is her auto insurance. What will happen to her car insurance and does she have to disclose her DUI conviction to her insurance company?

Sandy

Abilene, TX

The insurance company would find out about your sister’s DUI conviction in Texas sooner or later. If she is ready to get her license back, she needs to get an SR22 form. This is a certificate of insurance that shows the Texas Department of Public Safety (DPS) proof of insurance. SR22 is a motor vehicle liability insurance which requires the insurance company to certify coverage to DPS. Her insurance company must notify DPS anytime the policy is cancelled, terminated or lapses.

Having a DUI charge could prompt any insurance company to increase the premium rates. From an insurance company’s perspective, your sister has a higher probability of being in another incident of DUI. Worse thing could happen because due to a much higher risk that the insurance company would have to take, they may simply opt to completely drop her insurance.

In case this happens, your sister can avail of the policies with the lowest rates by first looking around. She can shop online for the different rates and coverage offered, and see which one will serve her needs the best.

Tags: insurance, SR22 insurance

Reader’s Question:

My father mentioned to me that Texas has increased its fines for DWI arrest or that it passed a “Surcharge” for individuals convicted of DWI? How does it work and is this some type of a fine?

Melody

Dallas, Texas

Thanks for asking Melody. Contrary to media reports, the 78TH Texas Legislature did not increase DWI fines. However, the Legislature did pass an administrative fee or also called a “Surcharge” under a law known as the “Driver Responsibility Act”, which started on September 1, 2003. Under this law the fees are strictly administrative in nature, and are above and beyond, any fines, court costs, probation fees or filing fees that the Texas State already receives in a DWI case. The law basically requires any person convicted after September 1, 2003 of a first DWI arrest to pay the State of Texas a “DPS” Department of Public Safety surcharge of $1,000 per year for three years as a condition to maintaining his license; or any person convicted of a second DWI arrest to pay the State of Texas a “surcharge” of $1,500 per year within a 36 month period to keep their drivers license; or any person convicted a DWI arrest, that has a blood or breath test result of .16 or higher, to pay $2,000 per year for three years to maintain their drivers license.

These fees are paid to the Department of Public Safety and failure of payment within the designated time allowed or entering into an installment payout agreement, the person will automatically lose their driver’s license or the privilege to obtain a driver’s license until the money is paid.

Department of Public Safety will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must then pay a $100 surcharge for the first six points and $25 for each additional point.

Reader’s Question:

Back in 2000 I was convicted and had a DWI arrest. At that time, I lost my case and had to go through a lot of consequences. I believe that if I had chosen the right DWI lawyer, I may have won my case. How do I know if I had made the right decision of choosing a DWI lawyer? What are the strategies of the best DWI lawyer in Texas?

Kevin

Garland, Texas

Sorry to hear about your previous experience with a DWI arrest, Kevin. In Texas, you can find the best and reputable DWI lawyer by checking their case history. How well do they handle their clients and how many case have they won? There are important questions any DWI defense attorney should ask and that includes:

Did the arresting officers have the necessary probable cause required to pull you over in the first place?
Were field sobriety tests administered properly?
Was the breathalyzer functioning correctly?
How was the machine calibrated?
Were proper arrest procedures followed?
Was a blood test taken, and if so, how was that evidence handled and then later analyzed?

Although there are a number of potentially effective strategies on how to defend someone against a DWI arrest. The number one strategy for avoiding a DWI conviction has nothing to do with anything any attorney can do for you. Instead, it has everything to do with the care you take in choosing that DWI attorney. Your attorney has to put in extra time and effort to stay up-to-date and knowledgeable about the latest techniques and approaches to a DWI defense.

Reader’s Question:

I have heard that taking breath mints or mouthwash can interfere or fool/fake the results of breath test. I’m wondering because I heard my officemate was arrested for DWI last night in Texas and his friends were saying that he should have took a mint. Is that true?

Diane

Brownsville, Texas

Thanks for asking. No Diane, mints and mouthwash can just mask the odor from the mouth but it will not interfere the amount of alcohol in your mouth once you take the breath test in Texas. Proper and correct breath test procedure requires that the subject should have nothing in their mouth for 10 to 15 minutes before testing. If the person had taken anything with alcohol in their mouth just before the testing, the alcohol in their mouth will contaminate the test, giving an artificially high result. However, 15 minutes is adequate time for all the alcohol in the mouth to be dissipated.

It is a bit easier to fake a drug test than a breath alcohol test. In a proper drug test procedure, it should eliminate the possibilities of the subject switching their urine sample with another subject, or tampering with the specimen. Drinking large volumes of water may also dilute the urine, therefore reducing the concentrations of drugs in the urine. The detection of some drugs in the urine, such as amphetamines, is affected by the pH of the urine with some kinds of procedures. However, a properly administered breath alcohol test is difficult to fake. As long as the subject blows an adequate deep lung breath, there is no possible way to fool the concentration of the alcohol from the mouth.

Reader’s Question:

My brother was charged with DUI here in Texas. I want to help him as much as I could. Can we be able to beat this charge? I also want to know if we can be able to get a plea bargain.

Craig

El Paso, TX

I have to be honest that most Texas DUI charges are difficult to beat and it will cost a lot more to fight than to make a deal. The law enforcement authorities usually do a good job and the hard truth is most defendants are guilty of the DUI charges. However, police officers sometimes slip up. They may not have had a good reason to stop your brother’s car. They may not have had enough evidence to require a blood alcohol content (BAC) test. They might have done the tests wrong as well. Your brother may have credible witnesses who can say he was not intoxicated. A good DUI lawyer in Texas can review these issues with your brother and give him better answers.

Regarding your concern about plea bargain, usually a good DUI lawyer can get a first DUI charge reduced. But sometimes, it is more difficult to reduce a DUI if the BAC is particularly high. The individual prosecutor might have a set number in mind. For some of them, that means over 0.15 percent. For the others, it may be 0.18 or 0.20 percent. But others would agree to a plea bargain regardless of the BAC. The other factors that may prevent a plea bargain would be if the charge arose out of a serious accident, if the defendant has a criminal record, or if it is not the first DUI offense. In these cases, a good DUI lawyer may be able to get a reduction later if they can find any weakness in the prosecution’s case. It can be possible to get a reduction even with a high BAC if the defendant get a substance abuse evaluation and comply with the treatment recommendations from the evaluation.

Reader’s Question:

I don’t know how to stop my husband from drinking alcohol every weekend and then driving himself home. He seems lucky that he has never been charged with DUI. I don’t know what to tell him anymore. What is the best advice that you could give me for my husband to avoid being caught drunk driving here in Texas?

Rachel

Garland, TX

We all know that drinking and driving is a terrible idea, especially if you get caught as you will be facing a lot more terrible consequences. And of course, the more you do it, the more likely you are going to get caught and/or kill yourself or someone else. In fact drinking and driving has become so serious that not everyone can get away from it.

The first advice that I can give you for your husband to avoid being caught drunk driving in Texas is for you to tell him not to drink and drive at all. Not drinking and driving is the only hundred percent guaranteed way of avoiding a potentially life-altering DUI charge. But if he really can’t avoid it, there are several things that he can do.

You husband can designate a driver who will avoid all alcohol. In any situation, be it may on a bar or club or at people’s houses, he should aim to have a designated driver present. But having a designated driver may not be that realistic depending on what he and his friends may be like. If this may not work or impossible to do, he can just leave his car home. Instead, he can try using public transportation if it is available in your area or he can employ the services of a taxi company. If he is going to an event with a large number of people, they can hire a van or bus instead as this can be cheaper for larger groups than hiring a load of cabs.

The things mentioned are just some advices you can tell your husband but I just have to give emphasis on the fact that the only absolute way to avoid a DUI charge is not to drink and drive.