Archive for the ‘Drunk Driving’ Category

Help Football Party Guests Avoid a Texas DWI

26
Nov
By:

Texas criminal defense attorneyWith football season upon us, sports fans every weekend will gather in front of the television with friends and family to catch a game or two. As your guests get together for exciting game action, our Texas DWI defense lawyers want to remind you to play it safe.

Having food on hand is half the battle in avoiding a DWI as you or your guests head home after the game.

The Texas Department of Transportation earlier this month announced the implementation of a program called P.A.S.S., or Person Appointed to Stay Sober, just prior to the Texas Tech-Texas football game. Karen Peoples, TxDot’s public information officer, reported that drinking and driving on football game days is actually increasing.

She stated that approximately 1,400 DWI crashes in Texas occurred on game days. This accounts for six percent of the total DWI crashes in the state throughout the year. Considering that a regular NFL season is 17 games, that’s only 4.5 percent of the year.

Further, TxDot reports that 45 percent of Texans report drinking alcohol while at football parties, and then driving home afterward. Another study conducted by the University of Texas indicates that football game days are among the heaviest of the year for alcohol consumption.

Primarily, the most DWI arrests are occurring in Dallas/Fort Worth, Houston, Austin, El Paso, San Antonio and the Rio Grande Valley.

In 2009, the Houston Chronicle reported that Harris County had the highest alcohol-related traffic deaths in the country for areas of our size. The district attorneys office reported that with 3.9 million residents, the county files about 10,000 DWI cases each year.

It’s important to note that many of these cases involve first-time offenders. With the help of an experienced Texas DWI lawyer, many defendants can apply for a pretrial diversion in lieu of a conviction. These pretrial diversions often include alcohol abuse or dependency treatment.

Unfortunately, the district attorney’s office also reported that many of those arrested are simply pleading guilty, serving jail time and then paying the steep fines, rather than trying for the diversion.

The problem with this is that DWI remains on your permanent record, resulting in higher insurance rates and acting as a possible impediment to landing certain jobs in the future.

Plus, you’re giving up on the possibility that an officer mistake may be enough to have the charges dropped altogether.

Getting a good lawyer in these cases is key, but it’s best to avoid the situation altogether if you can.

If you are the host, part of that is being responsible and looking out for the interests of your guests. Keep these tips in mind for this weekend’s game, and all your other future football celebrations:

1. Keep plenty of food on hand. Food helps to soak up the alcohol. Make sure you have appetizers and snacks on hand as well for guests to munch.

2. Stop serving alcoholic beverages at least an hour or two before the party ends. This isn’t a guarantee your guests will be sober, but it can certainly help. Consider serving coffee and desert as you wrap it up.

3. Pay attention to your guests. If one appears to have had too much to drink, either offer to drive home (assuming you are sober) or call a taxi. Do not allow them to drive.

You need an experienced, aggressive Texas DWI lawyer. Call 1-800-395-5951 today for your free consultation. More than 20 years experience.

Football & Holidays Increase Risk of DWI Arrests in Houston

With football season and the year-end holidays comes an increase in drunk driving enforcement, and a corresponding increase in the number of marginal or unfair arrests.

An experienced Houston DWI lawyer understands that simply being arrested does not mean someone is guilty. Unfortunately, for those who fail to take it seriously, a conviction can result in jail time, driver’s license suspension, hefty fines and court costs, and even job loss. Nationwide, the cost of a conviction is often $10,000 or more, including skyrocketing insurance premiums. Seeking professional legal advice in the aftermath of arrest is the first crucial step.

Whether college or pro, the link between football and DUI is real. A study by the University of Colorado found a 76 percent increase in alcohol violations on game day in college towns and a 13 percent increase in drunk driving accidents. Football leads us into the year-end holiday driving period — which is the most dangerous time of the year on our nation’s roads. Authorities typically respond with targeted enforcement efforts and more manpower. Here in the Houston area, this means “no refusal weekends.” In some cases, that can result in inexperienced officers making arrests, or older officers typically responsible for inside jobs. In some cases, even voluntary or auxiliary officers may be involved. Enforcement efforts may also place unrealistic expectations on law enforcement, thus leading to probable cause violations and marginal or unfair arrests.

Knowing your rights is important. You have the right to remain silent and to refuse roadside sobriety tests, including hand-held breathalyzers. And you have the right to refuse a blood sample without a warrant. Under Texas DWI Law, if you take the breath test and fail (test over .08) or if you refuse to take the test, the state’s Administrative License Revocation (ALR) process will attempt to suspend your driver’s license. While the officer at the scene may take your driver’s license for refusing a breathalyzer, a temporary permit will be issued good for 41 days.

Within 15 days of arrest, a driver can request a hearing to challenge license suspension – your defense attorney can explain in more detail. Failure to do so can result in a suspension of 6 months. For a second or subsequent refusal within 10 years, an automatic two-year suspension may be applied to those who fail to assert their legal rights to a hearing. You want an attorney who will know the ALR process and help you keep your license.

A third DWI in Texas is a felony offense punishable by 2-10 years in prison and a fine of up to $10,000. Felony DWI charges must always be handled by experienced legal counsel.

The truth of the matter is there are many ways to fight a DWI arrest. The experience and training of officers, the reliability of the breathalyzer test, probable cause for the traffic stop and the results of field sobriety tests. With the legal and social consequences of a drunk driving conviction growing more serious with each passing year, keeping a DWI conviction off your permanent driving record can save you time, money and headaches for years to come.

You need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951 today for your free consultation. More than 20 years experience.