Reader’s Question:

I haven’t actually been arrested for DUI but I am just curious to know, how does one really determine alcohol concentration? A lot of people I know who have DUI charges here in College Station, Texas question the accuracy of getting their blood alcohol level.

Bennie

College Station, TX

The state of Texas DUI laws provide that blood alcohol testing may be performed by analysis of a DUI suspect’s urine, blood or breath. Urine testing is the least reliable and least accurate means of determining blood alcohol content (BAC). On the other hand, blood testing is thought by most forensic scientists to be the most reliable and most accurate means of BAC determination. However, from a police perspective, blood testing is also thought to be the least convenient and least desirable method. Then there is also breath testing which is thought to be the most convenient means of BAC determination from a police perspective. The reliability and accuracy of breath tests continue to be a heated debate amongst scientists. Furthermore, breath samples are not preserved for subsequent checks of the initial test’s validity under current procedures for breath testing in Texas.

It is no wonder that most people you know who have been charged for DUI in College Station, Texas question the accuracy of BAC determination. A lot of factors come into play with regard the consumption of alcohol and burn off reduction that is why there is no blood alcohol test that is 100% accurate. The factors that can be taken into account are the gender of the drinker, health issues, different metabolic rates, food in the stomach, medications that may have been taken, drinking frequency and other factors.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

Just recently, it seemed unfortunate that I was charged with DUI here in El Paso, Texas. Should I attend a driving school or DUI school now and do I need to see an alcohol counselor because of my drunk driving offense?

Benson

El Paso, TX

You actually do not have to attend driving school or DUI School now after your DUI charge in El Paso, Texas. I suggest you wait until you meet with a DUI lawyer. This is because many important issues that are related to attending risk reduction schools will be explained at your consultation. Also, many twists exist about attending DUI classes, and your DUI lawyer will try to give you guidance on this matter.

It is not always the case, but I encourage you to get an assessment for any potential problem that may exist since you are facing an alcohol-related offense. If this DUI charge is not your first alcohol-related offense, a DUI lawyer would likely give you a recommendation that a private assessment be conducted. There are several reasons, that this is a wise thing to do, not the least of which is to correct a costly and potentially dangerous health problem. Your DUI lawyer can discuss with you how this assessment could be a “silver lining” for even a very bad DUI case. Your DUI lawyer most likely has a list of reputable counselors if you need names, locations and phone numbers.

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

Reader’s Question:

I am confused on how to go about filing for SR22 insurance. I just got convicted for DUI and I don’t know the process of getting an SR22 in Dallas, Texas. I don’t even know what an SR22 is for. How do I file for one here in Texas?

Mary

Dallas, TX

In Texas, DUI convicts are required to file an SR22 with the Texas Department of Public Safety (DPS). This is a way by which the DUI offender can prove to the state that he has some form of auto insurance coverage. If the insurance policy is canceled, has gaps, lapse of coverage, etc., the insurance company needs to immediately notify TX DPS. Upon notification, the Texas DPS will quickly suspend the DUI offender’s driving privileges and his TX driver’s license.

The SR22 is filed by an insurance company and states that the driver has auto liability insurance and it is in effect. SR22 filing is frequently required when insurance is provided to an individual who was in an accident or was convicted of a traffic offense and was unable to show financial responsibility at the time of the offense.

Once convicted of DUI, your auto insurance rates more likely will shoot up. Be sure to contact your Dallas, Texas insurance agent or insurance company to see how your insurance rates will be affected. Or, as early as now you can start to do comparison auto insurance quotes. Shop around for free auto insurance quotes available in this website.

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

Reader’s Question:

My friend was charged with DWI in Garland, Texas. Does that mean serving jail time? If convicted, what are the penalties he needs to face?

Molly

Garland, TX

If your friend happens to be a first-time DWI offender in Garland, Texas, he can face up to six months in jail, $2000 penalty and one year suspension of his driving license. Attending a 12 hour DWI Repeat Offender Program is also required.

For DWI offenders repeating it for the second-time, jail term increases to one-year and penalty doubles to $4000. The hours required to complete the DWI Repeat Offender Program also increases to 32 hours. Their driving license is going to be suspended for 24 months.

A provision has been recently proposed for a ten-year jail term and penalty of up to $10,000 if for third DWI offenders. Their driver’s license is also going to be suspended for 2 years.

Tags: drunk driving laws, DWI advice, DWI lawyer

Reader’s Question:

My daughter has a recent conviction for DUI in East Jefferson, Texas. I was told that she will have problems with her car insurance. What kind of problems will she have on her car insurance following her DUI conviction?

Halley

East Jefferson, TX

Majority of drivers caught driving under the influence don’t get away without any problems. As a matter of fact, for most of the people accused of DUI, car insurance represents a huge problem. Most of them have to face the reality of huge car insurance rates if they were convicted of DUI and most car insurance companies will not even cover someone who has been convicted of DUI.

So besides the risk of getting into an accident, DUI carries serious penalties from your daughter’s insurance company since she was convicted of DUI in East Jefferson, Texas. As a matter of fact, most insurance companies check driving records, so if she is applying for a new policy, the insurance company would know that she has been convicted for DUI. Sometimes she may get away with it, but if her insurance company finds out, she can be sure she will find herself facing higher rates or possibly policy cancellation. She can start to compare car insurance quotes now. She can actually have free online quotes for great car insurance in Texas from this site.

Tags: car insurance, drunk driving insurance, DUI, insurance

Reader’s Question:

My friend was charged with DUI in Carrollton, Texas and I was with him when he got arrested. He was asked to perform some exercises to test if he had been drinking? What are these tests and what is really their purpose in doing these tests?

Vance

Carrollton, TX

These tests are called field sobriety tests (FST). In order to prove probably cause for a DUI arrest in Texas, the police may ask a person to perform these tests. The main purpose of the FST’s is to show abnormal use of mental or physical faculties. The manuals for these FST’s are given by the National Highway Traffic Safety Administration (NHTSA). The three tests that are mainly being given are Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and One Leg Stand (OLS).

In doing the HGN, the officer will hold a pen-like object and instructs the person to follow the pen only with the eyes and the officer will observe if the eyes will jerk which is one symptom of being drunk. In WAT, the person will be requested to walk down an invisible line, stop, turn, and then walk back. Before the test, the police officer will give you further instructions such as stanging in unnatural positions, and then told to begin walking the line. The person is graded on ability to follow instructions and to perform simple tasks. In doing the OLS, the officer will ask you to stand on one foot with the other foot lifted in front of you. While doing this, the officer will instruct you to lift your foot higher and higher for a period of 30 seconds, which causes you to lose balance.

Tags: DUI, DUI advice, DUI lawyer

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