Houston Criminal Law Journal by Texas Lawyers covering DWI Drunk Driving Arrests, Criminal Defense Charges, Drug Possession, and Assault

Drinking and then driving is a very costly, unhealthful and dangerous combination for anyone but this post mostly provides facts about drinking and driving for young adults who have either newly started to drive or have newly started to drink.  That is why, as DWI Attorneys we advise you to let your young adult to know about the affects of driving and driving. They should know about the laws about drinking and driving in Texas and they should know how alcohol can affect their body system and impair their driving abilities. Being more aware than before, the young adult can make better decisions about drinking alcohol and then driving.

Some facts about alcohol that everyone should know of are that alcohol can affect your brain; it reduces coordination, reflexes, vision and causes memory lapses and poor judgment. This is another reason why a intoxicated person may make a bad decision and consider themselves fit enough to drive. If you consume alcohol regularly, then know that alcohol can negatively affect every organ of your body and get absorbed in your bloodstream increasing the risk of many diseases. It reduces your self-control, depresses your nervous system and can produce a risky behavior in you. A large amount of alcohol consumption can even cause alcohol poisoning which can be fatal.

In Texas, having a Blood Alcohol Content (BAC) of 0.08% or more while driving is one of the three ways the government may prove that a person was intoxicated when driving. Even though different people's bodies respond differently to varying levels of alcohol, the 0.08 limit has been set. by the Texas legislature.  According to certain studies, two in five Americans will be involved in alcohol-related, (but not intoxicated) car accidents at one point in their lives and it is also estimated to be the leading cause of death for many American young adults. Factors like fatigue, lack of food, health, emotions and drugs (prescribed or non-prescribed) can actually increase the effects of alcohol on your body. Although, such facts about alcohol may not seem that significant but when you make the decision of drinking and then driving, these facts can become crucial to determine your Blood Alcohol Content.  If pulled over by the police they may ask you to submit to field sobriety tests and later a breathalyzer test that you are not forced to do. Furthermore, they will threaten you that your driver's license will be suspended if you do not take the tests.  That is not true!  You have the absolute right to refuse all tests and keep your license from being suspended.

Nevertheless, in such a situation you will always be better off hiring a DWI attorney, especially if you have a previous DWI conviction. A DWI lawyer who is reputable and experienced can make a lot of difference in your case. He or she can prepare you mentally for this experience, guide you about your DWI case and may even be successful enough to disprove the authenticity of the evidence of the prosecution.

Although, a DWI offense can be frustrating and can hamper your future life, especially if you are just starting out in your career; it still helps tremendously to have a DWI lawyer who can mentally support you and keep you better informed about your trial. At any cost, educate yourself about driving while intoxicated, know about the laws and try to avoid drinking before you are of the legal age.  You can either drink and not drive while intoxicated or avoid drinking all together if you want to avoid a false DWI arrest!

If you need the assitance of a DWI Lawyer in Houston please call our law firm at (713) 225-1038.

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You have probably heard the phrase, "Be careful what you ask for, you just might get it." This is a phrase that rings true many times in the Criminal Justice arena. Every day someone is facing a harsh penalty and has the option to choose a certain sentence through a plea bargain or step up to the plate and assert their right to a jury trial.

It is a scary position to be in because there is no certainty. If you hang around a criminal courthouse after a verdict and hear lawyers talking you will likely hear the question, "What was the offer?" If a defendant gets hit with a big sentence and was offered much less it has to hurt so much more. Of course it is the criminal defense attorneys job to evaluate the case and make a recommendation to the client. Regardless of the whether the client follows the recommendation the attorney must be prepared to defend the client's rights. On the flip side the State's attorney must evaluate the case and determine whether it should be dismissed or plead.

Just the other day my law partner, Herman Martinez and a client of ours faced such a moment. The client who was charged with Driving While Intoxicated (DWI) was offered a Pretrial Diversion which would have kept a conviction off of his record. He opted for trial. A couple of weeks before trial the client changed his mind. We contacted the District Attorney's office and were informed it was too late, our client had lost his chance and the deal was off the table. Fair enough. Herman prepared for trial. The prosecutor wanted a conviction and the client really didn't want a trial but no longer had the option of the Pretrial Diversion.

The first witness was the arresting  officer. Herman did an exceptional job during cross-examination in attacking the officer's administering of the Field Sobriety Test. It wasn't pretty. The prosecutor knowing where the trial was headed dismissed the case. As the saying goes, "Be careful what you ask, you just might get it."

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Anyone that has been keeping up with the news knows that driving while texting is becoming more and more prevalent.  Likewise, serious accidents due to texting have been occurring with more regularity.  I predict by the next legislation that texting while driving a motor vehicle will become a crime to same degree as driving while intoxicated is in Texas. 

If you are interested in the political game being played to make texting while driving a crime click here. 

 If you have any questions regarding a DWI case in the Houston area please call me at (713) 225-1038.

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You may have seen the recent tragic news story where a New York woman driving drunk drove down the wrong side of the highway crashing and killing herself, her daughter, three nieces and three men in the SUV she hit. Toxicology results revealed that the woman's blood alcohol level was 0.19%, more than twice the legal limit. Additionally, she smoked marijuana within an hour of the crash.

According to a recent study, nationwide, the number of women arrested for driving under the influence or alcohol or drugs was 28.8 percent higher in 2007 than it was in 1998, while the number of men arrested was 7.5 percent lower. The study is  based on figures that cover about 56 percent of the country. Granted, this is an incomplete sample, the trend is still disturbing.

As the New York tragedy demonstrates driving while intoxicated with children can have tragic consequences. In Texas  Driving While Intoxicated with a  Child Passenger is a felony. With the trend in the rise of women driving under the influence and women being the traditional children's caretaker it stands to reason that we will see more arrest for these types of cases and sadly more possible tragedies.

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