Texas DWI Surcharge Modification Being Contemplated

 The Houston Chronicled reported State Senate Criminal Justice Committee Chairman John Whitmire is putting together a panel to consider modifying or repealing the Driver Responsibility Program, which includes a surcharge of $1,000 annually for three years for first-time driving-while-intoxicated offenders. One of the many consequences of a DWI conviction is the surcharge, which if not paid, will leave a DWI offenders with suspended licenses indefinitely.

Another issue to be discussed is the various methods different counties address DWI."We need a consistent DWI policy across the state of Texas," Whitmire said. "Why would the state of Texas have a criminal justice system in Houston that will completely allow you to have no record, and in the New Braunfels experience you do (have a record), and then you go to Bexar County and she don't even file on you (for) DWI the first time? You need to be selective about where you want to get caught drinking I guess."

In Harris County the police is to offer DIVERT, a pre-trial diversion program that if completed allows the DWI defendant to avoid a conviciton."

In Bexar County, District Attorney Susan Reed allows first-time drunken-driving defendants who meet certain parameters to plead instead to a charge of "obstruction of a highway – intoxication." Defendants must undergo treatment and abide by conditions, including locks on their vehicles.

These are of course all preliminary discussions. The state legislature meets next year. It will be interesting to see what the outcome is. I would be a bit surprised if the surcharge goes away. In a bad economy Austin will do whatever it takes to raise money.  As aHouston DWI Attorney I of course will keep looking out for any changes to the law.

 

The Best Houston DWI Lawyer or an Overhyped Prospect?

Major League Baseball Spring training is around the corner this year.  Like most every year there will be a handful of prospects that will be deemed the next superstars of baseball.  Last year Matt Wieters, catcher for Baltimore Orioles, was the can't miss prospect of 2009.  While he did well for a rookie he has a long way to go before he becomes an elite catcher.  This year Stephen Strasburg, a Washington Nationals pitcher, is ticketed for stardom.  Over the years there have been many players that were in the same position.  For example, Brien Taylor was the Yankees first pick in the 1991 major league baseball draft, but was never able to reach the major leagues for any team.

Similarly, I know there are Houston DWI Attorneys that hype themselves up tremendously.  They only talk about how great they are without listening to what the client needs.  They guarantee the outcome of a case before even going to court and "bad mouth" other DWI lawyers. Here are some suggestions if you confront one of these attorneys.  First, go to the Texas State Bar to see if they have been sanctioned.  Second, go to avvo.com where lawyers are independently ranked by that website.  Third, check with the Better Business Bureau to see if they are listed with them and how they are rated. Fourth, search online for specific information on the attorney.  Lastly, get all the guarantees in writing before becoming their client. 

Houston DWI Attorney Sharing Interesting Facts and Truths about Young Adult Drinking and Driving

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) 242-1779.

Should I Request A Hearing After My DWI Arrest in Houston?

Anyone charged with a DWI in Texas or more specifically, Harris County, Texas should know that they have 15 days after their arrest to request an administrative license revocation hearing in order to save their driver's license.  If this is not done they automatically lose the driver's license after 40 days of their arrest.  Most clients believe that the hearing must take place within that time period.  Unfortunately, this is not the case.  Once the hearing is requested it typically takes 3-5 months before there is a hearing to determine if the driver's license will be suspended.

The period of time that is it is taking for the hearings is unacceptable and contrary to the mission of the ALR program that was designed to suspend the driver licenses of dangerous drivers in a swift and sure manner.  DPS' words not mine.  Curiously, nothing is mentioned about it being done in a fair and just way.  Many times the hearing provides favorable evidence to the accused that is not mentioned in the original offense report submitted by the police officer.  Most importantly, it provides the DWI lawyer with the opportunity to pin an officer down on the record to the true facts surrounding the DWI arrest.  These is helpful when evaluating a case. 

Memorial Weekend DWI Arrests

It looks like the Harris County, Texas District Attorney's Office went full force in the enforcement of the First Marathon Memorial “No Refusal” Weekend . The program netted over 200 DWI arrests in Harris County alone.  I wonder how this compares to a normal holiday weekend?

Warren Diepraam, a former Harris County Prosecutor, who now works for the Montgomery County District Attorney's Office, also initiated the same type of program with and added the arrests of boating while intoxicated on Lake Conroe.  I anticipate that the citizens of Montgomery Country are in for a dramatic change in the way a DWI is going to be prosecuted in the future with Warren leading the charge. If you have any questions regarding your DWI arrest please contact one our DWI Lawyers at (713) 242-1779 or visit our website.

Thankful to Have a Jury Trial for DWI in Texas.

After wining a DWI trial  today I am really thankful that I have the opportunity to prove my clients innocence.  I am continually surprised to learn that many states do not provide this opportunity for those accused of DWI.

If you would like to speak to an experienced DWI lawyer call us at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.