Legal DWI Arrest Waco Texas TX

Reader’s Question:

What are the reasons that a police officer could suspect a motorist to be driving while intoxicated before pulling the vehicle over? And if I get arrested for DWI in Waco, Texas, do I have to hire a lawyer?

Angelo

Waco, TX

Police officers should have a legal reason to suspect a motorist that there is a problem before he/she could pull someone over to investigate and make sure the motorist is not driving while intoxicated. In some cases, a police officer could suspect a driver for DWI if the driver have swerved to avoid a pothole or maybe took his/her eyes off the road for half a second to change the radio station and he/she weaved over the double yellow line. Regardless of the circumstances, a police officer is required to pull the driver over and administer several tests to ensure the driver’s safety and the safety of other drivers.

Driving while intoxicated is a very serious traffic offense which could carry hefty financial and long-lasting legal consequences. If you get arrested for DWI in Waco, Texas, it would be for your best interest to hire a DWI lawyer. An experienced DWI lawyer could be able to get your DWI case completely dismissed or get your sentence reduced if you are convicted for DWI. A lawyer could be able to determine if your constitutional rights were violated and if the police officer followed the protocol.

Tags: DWI, DWI arrest, DWI lawyer

Cost of DWI McKinney Texas TX

Reader’s Question:

I know that we have to be prepared for the amount of money that we have to spend after my sister has been arrested for DWI in McKinney, Texas especially if she gets convicted. How much does it really cost to be convicted for DWI in the state of Texas?

Richard
McKinney, TX

If your sister’s DWI charge in McKinney, Texas is her first DWI offense, this is considered as Class B misdemeanor DWI in Texas. If convicted, this would require a fine of up to $2,000 but this is negotiable and could be estimated to an average of $500. But the Department of Public Safety (DPS) surcharge for a DWI conviction is not negotiable and that is a minimum of $1,000 per year for three years. If your sister provided a breath or blood sample over 0.16, which is twice the legal limit, the DPS surcharge is $2,000 per year for three years.

Increase in auto insurance for a DWI conviction would vary greatly, based on your sister’s age, driving record, number of claims made against her in the past, etc. A very low estimate here through would be $3,000, but probably higher. The Administrative License Revocation (ALR) suspension of her license is either for 90 days if she has provided a sample over 0.08 or 180 days if she refused to take a breath test. The cost of occupational driver’s license (ODL) is $250 for the filing fee, SR22 auto insurance coverage for the period of the suspension would be $100-$150, and the reinstatement fee to DPS, which must be paid within 30 days of the ODL being filed, $125. Since she will be required to have SR22 auto insurance, she can definitely get an online rate quote on the top of the homepage of this website.

Tags: driver’s license, DWI, DWI lawyer

Effects Of DWI North Richland Hills Texas TX

Reader’s Question:

After my brother’s DWI arrest in North Richland Hills, Texas, I know that we can’t get out the possibility of conviction. What I need to know is that aside from the penalties of jail time and fines, what other things that he could expect if he gets convicted for DWI?

Sheryl
North Richland Hills, TX

Aside from the penalties that your brother may have if he will be convicted for DWI in North Richland Hills, Texas, the court could also set strict requirements for him to get his driver’s license back. He could be asked to attend driver’s education classes or make a donation to a drunk driving charity. The State of Texas also has an Automatic License Revocation law that’s why your brother’s driver’s license is automatically revoked after his DWI arrest. This license revocation could be turned into a temporary suspension as a result of his court hearing.

His car insurance would also suffer as a result of a DWI conviction in Texas. If he is currently insured and his insurance company is willing to keep his policy, he could expect to have a significant increase on his premiums. There is also a chance that his insurance company would drop his policy. He would be forced to find a company willing to take him on, no matter what the price, before he is allowed to get his license. The insurance policy should come with SR22 which is a minimum liability insurance that is also required before he could get his license back. Go on and advise him to get an online rate quote now for SR22 insurance from this website.

Tags: car insurance, DWI, DWI lawyer, DWI penalties, SR22 insurance

Immigrant DWI Flower Mound Texas TX

Reader’s Question:

One of my classmates who is a foreign citizen was charged for DWI here in Flower Mound, Texas. Does this mean that he will be deported and he can never go back here in the US?

Aaron

Flower Mound, TX

Immigrants in the United States are subject to deportation if convicted for a crime involving moral turpitude that carries a possible sentence of one year or longer. Even if the immigrant would be sentenced to less than one year of imprisonment, he would still be subject to deportation if the maximum possible sentence is one year or greater. But you failed to mention if this is a first or subsequent DWI offense because under the current law, a first DWI offense is not a crime of moral turpitude so, if your friend’s DWI case in Flower Mound, Texas is his first DWI and he gets convicted, he would not be deported. But if he is charged with second or subsequent DWI offense, he should consult an experienced lawyer to determine if he is vulnerable to deportation.

Under the immigration law, a conviction has a much broader meaning than that under criminal law. A conviction would occur when a formal judgment of guilt is entered by a court under the current immigration law. A conviction could also be found even where adjudication of guilt has been withheld if a jury or a judge has found the defendant guilty, the defendant has entered a plea of guilty or no contest or the defendant admits sufficient facts to warrant a finding of guilt and the judge has ordered some form of penalty, restraint or punishment on the defendant’s liberty to be imposed. This means that if no formal conviction is entered on a diversion program, it could still be considered a “conviction” under immigration law.

Tags: DWI, DWI conviction, DWI lawyer

DUI License Revocation Killeen Texas TX

Reader’s Question:

My teenage son who just recently got his driver’s license was arrested for DUI here in Killeen, Texas. Is it really necessary for the police officer to suspend his license immediately after the arrest?

Freya

Killeen, TX

On your son’s DUI arrest in Killeen, Texas, if he refused to submit to a chemical test, as a minor, his driver’s license would be suspended for four months by the Texas Department of Public Safety (DPS). He will not be eligible for an occupational driver’s license for the first three months. The Texas Legislature enhanced the Administrative License Revocation (ALR) Program by amending the governing statutes to require that the police officer confiscates the offender’s driver’s license upon service of a Notice of Suspension and issue a 40-day temporary permit.

Moreover, the amendments provided for increased suspension periods, as well as a suspension for drivers who refuse to provide a specimen following an arrest for the offense of driving while intoxicated (DWI). The main goal of the ALR program is to suspend the driver’s licenses of dangerous drivers in a swift and sure manner. This program is supported entirely by state funds and as of date, no federal funds have been received by DPS to administer the program.

Tags: drunk driving laws, DUI, DUI arrest, teen DUI

Galveston Texas Drunk Driving Arrest TX

Reader’s Question:

I wonder how police officers determine if a person is driving under the influence. If for example I drink and drive here in Galveston, Texas, how would a police officer determine if I am driving under the influence of alcohol?

Camille

Galveston, TX

Police officers usually have three methods of determining if a driver has had too much to drink. The first one would be an observation wherein a police officer could pull you over if he notices that you are driving erratically-failing to stop, swerving or even driving too slowly. If in case you will be stopped by a police officer in Galveston, Texas because of drunk driving, you will be asked to do some field sobriety tests. These are series of balance and speech tests like walking a straight line heel-to-toe, reciting a line of letters or numbers or standing on one leg. If you fail these tests, the officer could arrest you or ask you to take a blood alcohol test.

The measurement of blood alcohol content (BAC) can be determined by drawing a sample of your blood or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. You have a choice whether to take a blood, urine or breath test. If the result of your BAC test is at or above .08%, you are presumed to be driving under the influence unless you can convince the court that your judgment was not impaired and you were not driving dangerously.

Tags: DUI, DUI arrest, DUI lawyer

Harlingen Texas DUI Case Trial TX

Reader’s Question:

I was charged with DUI here in Harlingen, Texas and I already appeared in court during the arraignment. After I plead not guilty for my DUI charge, what would be next stages of my case?

Bradley

Harlingen, TX

After the arraignment of your DUI case in Harlingen, Texas, the next stage would be the discovery process. This process begins whereby the State would turn over all the evidence they have against you to your DUI lawyer. At this point, your DUI lawyer could determine if any issues arise such as lack of reasonable suspicion for the DUI stop, lack of probable cause, problems with the breath test operator or malfunctions of the breath test machine. It is very important to obtain all documents relating to the DUI charge in order to determine if an expert witness should be contacted for trial.

If a plea agreement could not be reached after the discovery process, the trial begins in the municipal court of Harlingen. Your DUI trial would take place in front of a municipal court judge who would determine your guilt or innocence. If you would be found guilty for the DUI charge, the municipal court judge would sentence you according to the guidelines in Texas for DUI offenses.

Tags: drunk driving laws, DUI, DUI lawyer

East Grayson Texas DUI Arrest

Reader’s Question:

I have a lot of questions concerning DUI because I haven’t been charged of such case but I have to admit that it would be more likely that I will be arrested someday because I do drink and drive. If I get arrested for drunk driving here in East Grayson, Texas, do I have to submit to the field sobriety tests and take a blood alcohol test at the police station?

Derick

East Grayson, TX

You do not really have to submit to field sobriety tests if you get arrested for DUI in East Grayson, Texas. You do not have any legal obligation to perform these kinds of tests. Administering field sobriety tests is one of the most effective tools at the police officer’s disposal for collective evidence against you. That is not because these tests are reliable indicators of intoxication. On the contrary, the value of these tests is that they are entirely subjective. It would be completely up to the police officer whether you “pass” or “fail.”

If you are taken to the police station, you are required by law to take a blood alcohol test at the police station. In the state of Texas, you could choose from a breath test, a urine test or a blood test. Many DUI attorneys advise people to take the urine test or breath test because these are more unreliable than the blood test. The validity of the breath and urine tests can be more effectively attacked in court.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Denton Texas DUI Lawyer

Reader’s Question:

In about a week, I would have to be in court for the arraignment of my DUI case here in Denton, Texas and I’m thinking about pleading guilty to my charge. Do I need any lawyer to represent me at the arraignment?

Stephen

Denton, TX

For several reasons, it is a very good idea to have a DUI lawyer to represent you at the arraignment of your DUI case in Denton, Texas because that way, you wouldn’t have to worry about anything going wrong. The DUI lawyer would make sure that the prosecutor and judge treat you fairly, and don’t try to talk you into a substandard deal. And sometimes, things could get a little tricky if your DUI case is complicated because of an accident, witnesses, or multiple offenses. DUI cases such as these are a lot to figure out by yourself.

The DUI lawyer could evaluate your case right away and help you decide immediately if you should consider fighting your DUI case. Your DUI lawyer could almost always work out a plea deal for the minimum sentence allowed by law on the spot if you have already decided to plead guilty and all you want to do is get your license back as quickly as possible. This could actually save you a month or more in waiting for the court to do the same thing, so you can get back on the road and get your life back. But no matter what the situation or how complex your DUI case is, I would still suggest that you fight your DUI charge.

Tags: DUI, DUI advice, DUI lawyer

Brazosport Texas DUI Lawyer

Reader’s Question:

I was caught drunk driving here in Brazosport, Texas and I wanna know if I would need to hire a lawyer for my DUI case. If so, what are the utmost important things that I need to know about the lawyer?

Zoey

Brazosport, TX

If you have a DUI charge, you know that the time will come for you to find a DUI lawyer who would help you with your DUI case. It can seem overwhelming to choose the right lawyer to represent you because there are a lot of DUI lawyers out there. But there are certain things that you need to take note in order for you to find the right DUI lawyer.

First, you need to know if the lawyer specializes in DUI cases only. A lawyer who specializes only in DUI cases would know all the necessary information that could help you on your DUI case. Then, you need to know how much experience the DUI lawyer has. You would want a DUI lawyer who is experienced in DUI cases to help you. However, just because the DUI lawyer has so many years of experience doesn’t necessarily mean they are good at what they do. Make sure that you ask how many cases they have won. A lot of things are at stake here that’s why you need to make sure that you find the right lawyer to defend you on your DUI case in Brazosport, Texas.

Tags: DUI, DUI advice, DUI lawyer

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