Tag Archives: Houston DWI Attorney
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.
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.
The first blog post of a DWI Lawyer in Houston
Hello, my name is Eric Benavides, and I am a Houston DWI Attorney. I am one of two attorneys who started the law firm Benavides & Serrano, PLLC. I decided to start a DWI blog because more people get arrested for DWI than anything else. I hope to provide insight and advice to individuals facing (and those who may face) a DWI.Hello, my name is Eric Benavides, and I am a Houston DWI Attorney. I am one of two attorneys who started the law firm Benavides & Serrano, PLLC. I decided to start a DWI blog because more people get arrested for DWI than anything else. I hope to provide insight and advice to individuals facing (and those who may face) a DWI.
I intend to use this blog for many things. I plan to use it to talk about DWI cases, to talk about general info in the news regarding DWI, and about general things that amuse me about these types of cases. Hopefully no one reading this will ever need a DWI lawyer in Houston, but if you are going to be arrested, the chances are it’s going to be for drinking and driving.
The great thing about being a DWI attorney is all the interesting people you run into. The fact of the matter is most people drink socially, and that doesn’t exclude doctors, engineers, and even lawyers. I have represented individuals accused of DWI who are true habitual criminals, all the way to individuals who have post-graduate degrees and a clean record. Being a DWI attorney is a field of work where you get to mingle with every part of society, and personally I enjoy that aspect of the job.
DWI doesn’t discriminate. Anyone could be arrested just for admitting that they had a drink at dinner, even if they aren’t legally intoxicated. It is not illegal to drink and drive in Texas! This is one thing I don’t believe all officers understand, and one of the things I love most about being a Houston DWI Attorney is all of the innocent people that I get to help!
If you ever find yourself in the unfortunate situation of needing a DWI lawyer in Houston feel free to contact me at 713-222-2828. I can’t promise you that you will win your case, but I promise you that I will always be up front with you, and that I will work to get you the best possible outcome.
Eric Benavides