Tag Archives: Houston DWI Lawyer
One Advantage of a Camera Interlock
As a Houston DWI Attorney I get the opportunity to work in front of a lot of judges. When it comes to DWI, every judge has their own opinions and their own rules regarding pre-trial conditions. One thing that attorneys see often in court is the placement of an interlock device in a defendant’s car before they are ever convicted. An interlock device is a basically a machine that is placed in your vehicle that you need to blow into to get the car to start. If you have any alcohol in your system the car will not start and a report of the violation is sent to the court.As a Houston DWI Attorney I get the opportunity to work in front of a lot of judges. When it comes to DWI, every judge has their own opinions and their own rules regarding pre-trial conditions. One thing that attorneys see often in court is the placement of an interlock device in a defendant’s car before they are ever convicted. An interlock device is a basically a machine that is placed in your vehicle that you need to blow into to get the car to start. If you have any alcohol in your system the car will not start and a report of the violation is sent to the court.
Now personally, I hate the fact that interlocks are placed on defendants who have not been found guilty. I mean what ever happened to the presumption of innocence? But one thing that is especially odd is the way different courts go about implementing different types of interlocks as part of pre-trial conditions.
One thing that particularly annoys criminal defendants is when a judge orders a “camera interlock” to be placed in their vehicle. These camera interlocks take a photo when the machine is being used. Do they snap photos other times? Does the company have access to turn on the camera at their convenience? Who knows for sure, but it certainly makes individuals feel like their privacy has been violated. And to make it worse, that camera makes the rental fee more expensive as well.
Now I have never been a fan of the camera interlock before, but I can tell you one reason why they can be useful. Now again, I would rather no interlocks be placed on vehicles pre-conviction, but since they are placed in vehicles frequently I have run across one scenario where the camera is useful.
Most of the time interlock violations carry stiff consequences which can include having your bond revoked. I had a client recently who had multiple violations and was in serious trouble with the court. We were able to speak to the judge, get copies of the pictures, and prove that it wasn’t my client, but one of his family members who kept blowing into the machine with alcohol.
So for once having the camera paid off, but my opinion as a DWI Lawyer in Houston is that these interlocks shouldn’t be in defendant’s vehicles anyway. Hopefully I will see a day as a Houston DWI Attorney where innocent people do not have to place a machine in their car for no reason. And if they do, hopefully the county will one day realize the injustice of this and reimburse innocent people for the money they were forced to spend.
New "Extreme" DWI Law in Texas
Starting this month (September 2011), every Houston DWI Attorney has started receiving their first “Extreme” DWI cases. The new “Extreme DWI” law went into effect this month, and changes the charge from a class B misdemeanor to a class A misdemeanor for all first time DWI offenders who have a blood alcohol level of .15 or more.Starting this month (September 2011), every Houston DWI Attorney has started receiving their first “Extreme” DWI cases. The new “Extreme DWI” law went into effect this month, and changes the charge from a class B misdemeanor to a class A misdemeanor for all first time DWI offenders who have a blood alcohol level of .15 or more.
Before this change, any first time DWI was a class B misdemeanor which carries a maximum punishment of 6 months in jail and/or a $2000 fine. A class A misdemeanor on the other hand is punishable by up to 1 year in the county jail and/or a $4000 fine. So this law essentially doubles the possible punishment for a first time DWI.
I think that any DWI lawyer in Houston would agree that this doesn’t make much sense. What is the purpose of the new law? To punish? To keep people from driving drunk? Why .15 and not .149?
First of all, most people who are drinking are not going to be thinking about their blood level. If they are going to drive, they are going to drive. So this law isn’t going to change anyone’s mind about getting behind the wheel. Chances are, 99% of drunk drivers are not going to have a clue this law even exists.
If this was meant to “punish”, then we will just have to see exactly what the state plans to do with these cases before we know if that makes any sense. One thing this law does do is give individuals accused of DWI another reason to refuse a breath test. I think officers should have to explain this to everyone before they offer a breath test. The conversation should go something like this:
Officer: “I am requesting a specimen of your breath. If you refuse you are going to be charged with a class b misdemeanor punishable up to 6 months in jail. If you take the breath test and blow over .15 then you are going to be charged with a class a misdemeanor and you can get up to 1 year in jail. Either way, you are not going home…at least until someone posts your bond.”
Arrestee: “I refuse!!!”
Yeah, wishful thinking! Bottom line is, the law is in effect and you have to be aware of it and the consequences that surround it. Make sure to hire a Houston DWI Attorney who is willing to work hard for you.
The Importance of Requesting an ALR Hearing
As a Houston DWI Attorney, the biggest (and one of the most costly) mistakes I see is individuals waiting too long to hire an attorney. The problem is, when you are charged with DWI in the state of Texas you have 15 days to request an Administrative License Revocation (ALR) hearing. If you do not do this within the first 15 days, then your license is automatically suspended for a set number of days depending on certain factors.As a Houston DWI Attorney, the biggest (and one of the most costly) mistakes I see is individuals waiting too long to hire an attorney. The problem is, when you are charged with DWI in the state of Texas you have 15 days to request an Administrative License Revocation (ALR) hearing. If you do not do this within the first 15 days, then your license is automatically suspended for a set number of days depending on certain factors.
A Houston DWI Attorney can fax the Texas Department of Public Safety and request a live hearing for you. It is almost always better to have a live hearing as your attorney can subpoena the arresting officer to be there. Many times the officer does not show up and you win your license case automatically. A “win” in an ALR hearing simply means that DPS will not suspend your license.
If you procrastinate in hiring an attorney you MUST call DPS and request the hearing yourself. Once you hire an attorney, the attorney can call DPS and take the case over. The number to call to request the hearing is very simple to find. When you were arrested you should have received a paper called a “Temporary Driving Permit”, on the bottom of this page in the fine print will be the instructions and the number you must call.
If you lose your hearing, or never request it, you will have your license suspended and you will have to get an occupational license. You will also have to pay a reinstatement fee in order to get your license back at the end of the suspension period. Not acting quickly when you are charged with DWI ends up costing you more in the long run! So if you or someone you know are in the unfortunate position of being accused of DWI, contact a DWI Lawyer in Houston as soon as possible. Your license and your checkbook will thank you later.
10 things not to do on the road with alcohol in your system!
Every DWI Lawyer in Houston can tell you stories about clients that just set themselves up to get stopped. If you are reading this it might be too late, but you can pass it on to your friends. If you are driving and have had anything to drink at all (even if you are legally sober!) do not be dumb on the road!Every DWI Lawyer in Houston can tell you stories about clients that just set themselves up to get stopped. If you are reading this it might be too late, but you can pass it on to your friends. If you are driving and have had anything to drink at all (even if you are legally sober!) do not be dumb on the road!
As a Houston DWI Attorney I have a lot of potential cases come through my office, and I hear a bunch of stories about traffic stops and why the police pulled them over. I have also seen hundreds of DWI videos, and one common thing is that many of the initial traffic stops resulted from stupidity!
So here is a list of some things you shouldn’t do after drinking:
- Don’t “peel out” at a traffic light! I don’t care if you never got over the posted speed limit, and I don’t care how hot the girl in the next lane was, you are going to get pulled over!
- Don’t weave your steering wheel to the beat of the music!
- Don’t let your best friend stand up with his torso hanging out of the sunroof.
- Don’t tap your breaks over and over to try to make your vehicle “jump” to a beat
- Don’t drive with one leg hanging out of the window…
- Don’t drive naked
- Don’t road rage…who cares if the car in front of you just cut you off.
- Don’t forget to put on those license plates that showed up in the mail…
- Don’t flick a cigarette out the window with HPD right behind you…(sigh)
- Don’t forget to use your blinker…really…is it THAT HARD?
Again, it might be too late for you. But if you are feeling down and want a quick pick me up, ask the DWI Lawyer in Houston that you hired to tell you some stories. This job certainly can be entertaining…
Mandatory Blood Draws
I have mentioned before that you are allowed to (and should!) refuse a breath test if you are arrested for suspicion of Driving While Intoxicated (DWI). At point you think, “Great, I followed the no blow rule and now I just need a good Houston DWI Attorney.” I have mentioned before that you are allowed to (and should!) refuse a breath test if you are arrested for suspicion of Driving While Intoxicated (DWI). At point you think, “Great, I followed the no blow rule and now I just need a good Houston DWI Attorney.” Unfortunately, in many counties (including Harris) certain weekends are considered non-refusal weekend. If this happens then law enforcement will get a magistrate to sign a search warrant for your person after you refuse a breath test. They will use this search warrant to draw blood from you and use against you in the prosecution of your case.
Harris county does this much more than surrounding counties as money has been granted to the county to have non-refusal weekend every weekend for a period of three years. This recently started, so this should continue for the foreseeable future.
But don’t worry, a blood test is not an automatic conviction! Get yourself a DWI Lawyer in Houston that can identify the issues and help you work through your DWI. These particular types of cases tend to drag on more than others. The main reason is they usually ship the blood to labs outside of Houston to be evaluated. It is not uncommon to have a case where you are almost near the point of having to set the case for trial simply because the blood results have not come back.
A good Houston DWI Attorney can work with you and the state to fairly evaluate the entire case and come up with an adequate resolution or prepare for trial. Even if you know that there might be blood drawn, it is still in your best interest to refuse a breath test because there have been situations where people either slip through the cracks or the agency is just too lazy to get a search warrant. Again, don’t give the state any free evidence…make them take it.