Tag Archives: DUI

10 Myths Made To Make You Fear Lawyers

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Government lawyers work for State attorneys general, prosecutors, and public defenders in criminal courts, also help develop programs, draft and interpret laws and legislation, establish enforcement procedures, and argue civil and criminal cases on behalf of the government. Without an expert divorce lawyer that understands the legal framework surrounding this issue, there are possibilities of complicating the matter even more. Criminal lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Lawyers dealing with insurance lawyers advise insurance companies about the legality of insurance transactions, guiding the company in drafting insurance policies that conform to the law, protecting the companies from unwarranted claims and reviewing the claims, and representing the companies in court. Environmental lawyers represent interest groups, waste disposal companies, or construction firms in their dealings with the Environmental Protection Agency and other Federal and State agencies and help clients prepare and file for licenses and applications for approval

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What Are The Regulations In Texas Regarding DWI as well as Drunk Driving?

Understand the Consequences Under Texas Law

Driving while under the influence of drugs or alcohol in Texas is a crime that can lead to severe legal consequences.

Police are actively searching for violators of the law. Many drivers are shocked to discover that even one or two drinks can lead to a conviction for DWI.

In some cases, drivers may be arrested for a DWI even if their blood alcohol concentration (BAC) is below the limit that the law defines as “intoxicated.”

An experienced Houston DWI defense attorney can often help you reduce the potential consequences of being accused of drunk driving.

A skilled lawyer might be able to get the case against your dismissed. The charges could be reduced to a lesser crime or dropped by the state because there is no evidence or illegally obtained evidence. They can also push for the dismissal of the case against the state.

DUI Penalties for Minors

Texas law, which governs DWI and other alcohol laws, defines anyone younger than 21 years old as a “minor.” Minors cannot drive a motor vehicle that has any alcohol detectable in them.

Minors caught driving under the influence will be charged with a first offense.

  • Fines
  • Probation
  • Their right to drive is lost
  • Mandatory enrollment in an alcohol education class
  • Service to the community
  • Ignition interlock device installation

The penalties for each subsequent offense are more severe and can often include jail time. An experienced Houston DUI defense attorney can help minimize these and other long-term consequences minor DUI offenders might face.

DWI Penalties for Adults

The penalties in Texas associated with DWI have grown increasingly harsher over the past few decades. While specific penalties imposed after a DWI depend on a variety of factors, the most relevant are the number of previous offenses as well as your blood alcohol content (BAC) at the time of your arrest.

Below is some information on the penalties that may be imposed after being accused of driving while intoxicated by drugs or alcohol.

Texas DWI First Offense Penalty

You could be sentenced to a maximum of $2,000 for your first DWI offense in Texas and may spend anywhere from three to 180 days in jail. Your license could be suspended for as long as two years, and you may have to pay an annual surcharge up to $2,000 in order to keep it for three years.

You may also be required to install an ignition lock device on your vehicle and participate in a DWI education or intervention program.

Second DWI Offense in Texas

After a first offense, the penalties associated with a second DWI in Texas increase significantly. A second DWI offense could result in fines of up to $4,000 and a jail sentence of one month to one year.

The license suspension associated with a second DWI charge can last up to two years, and there may be a three-year annual surcharge of up to $2,000. You may also be required to install an ignition lock device in your car and participate in a DWI intervention program.

Texas Third DUI

The fine associated with a third or subsequent offense in Texas can be up to $10,000. Additionally, offenders can be sentenced to between 2 and 10 years in state jail and their license may be suspended for up to 2 years.

A surcharge may be assessed up to $2,000 per year over three years. Finally, you may also be required to install an ignition interlock device in your vehicle and participate in a DWI intervention or education program.

DWI Crimes & Injury to Others

Texas’ legislature has established certain DWI crimes that can cause injury or risk to others.

These include:

  • DWI in a vehicle with a minor under 15 years old
  • Intoxication assault
  • Manslaughter by intoxication
  • These offenses can be prosecuted under different codes than DWI law, and could result in much more severe consequences.

Additionally, there are other “enhanced offenses” defined by the law, including injuring a firefighter, peace officer, or other emergency medical personnel, or causing a traumatic brain injury that results in a persistent vegetative state.

Refusing chemical testing can result in severe penalties

Anyone who operates a motor vehicle in Texas is subject to the “implied consent” rule, which holds that by obtaining a driver’s license and operating a motor vehicle in Texas, you have consented to a chemical test if a law enforcement officer suspects that you are under the influence of drugs or alcohol.

Because of this rule, you can lose your license if you refuse such testing. This suspension is separate from the criminal component of a DWI case. It can lead to a license suspension of up to 90 days or two years.

Drivers will not lose their license immediately after refusing a chemical test. You have 15 days to request an administrative hearing about your suspension after a refusal. To request an ALR hearing and dispute your license suspension, you should consult an attorney.

You can request the hearing within the 15-day period. After that, your suspension will begin 40 days. You can request an administrative hearing online.

Mandatory installation of an ignition interlock device

An ignition interlock device may be required by a judge in certain cases. The offender will also have a restriction on his or her driver’s license that prohibits him/her from operating a vehicle without such an ignition interlock device. The device must be an approved device and be installed by an approved service provider.

SR-22 – Insurance & Proof Of Financial Responsibility

People who are convicted of DWI in Texas are required to prove that they have car insurance by filing an SR-22 certificate. This is done through your insurance company and provides the state with proof that you have car insurance that complies with state minimum standards.

You must have the SR-22 Certificate on file with the state for two years after your conviction. If it lapses, you will lose your license and the state will cancel your vehicle registration.

In addition to the cost of an SR-22, your car insurance rates will increase if they view you as high risk after a DWI conviction. As a result, a conviction may cause your insurance premiums to significantly increase.

Commercial Drivers & DWI

Drivers of commercial vehicles put everyone at risk. Commercial vehicle drivers often drive trucks or cars that are specifically designed for their use.

As such, they are often much larger and less maneuverable than the passenger vehicles that most of us drive. These characteristics can make them capable of causing serious injury if they are involved in accidents. Commercial drivers often have to transport hazardous materials and other people.

Due to the inherent dangers associated with commercial vehicle operation, nearly every aspect of this industry is regulated and licensed by the federal government.

Federal Motor Carrier Safety Administration regulations state that a commercial driver’s licence (CDL), is subject to a.04 blood-alcohol content limit (BAC) when operating a commercial vehicle. This is significantly less than the.08 BAC limit for non-commercial drivers.

CDL holders who have been found to be under the influence of drugs and alcohol can be disqualified from driving commercial vehicles for one year. If the driver operates a commercial vehicle that transports hazardous materials, he or she can be disqualified for three years.

Other types of offenses that may result in disqualification from driving a commercial vehicle include:

  • Chemical test refusal
  • Leave the accident scene
  • Operating a commercial vehicle with a BAC of 0.04 or more
  • Operating a motor vehicle under the influence of a controlled substance

CDL License Holders DWI and related offenses can result in severe fines, your CDL licence being revoked, jail time, or in the case for commercial drivers, inability to earn a living, and possibly the end of your career.

As a result, it is extremely important that commercial drivers who are facing allegations of DWI discuss their options with an experienced DWI defense attorney as soon as possible.

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Drunk Driving Attorney Hammonton NJ

Welcome To Garden State DUI

Here are a few Frequently Asked Questions About DUI or Driving While Intoxicated (DWI) in New Jersey

A DWI or DUI conviction is a serious offense and could cost you thousands of dollars, tarnish your driving record forever, and even lead to jail time. After you or a loved one has been arrested, you probably have a lot of questions about what happens next. Andrew Carroll, Garden State DUI attorney is here to address all your concerns.

Legal Steps to when pulled over for DUI:

Be respectful to the officer of the law; be courteous and avoid arguments with the officer.

Do not give consent to police officer for carrying out any vehicle search. A police officer needs a search warrant in order to search your vehicle.

What Does DWI/DUI Mean in New Jersey?

If you are driving a vehicle and a police officer suspects you of driving under the influence of alcohol or drugs (whether prescription, Over The Counter or illegal) you may be asked to perform field sobriety tests during the traffic stop and/or asked to take a Breathalyzer test. If the breath test shows your Blood Alcohol Concentration (BAC) is 0.08 percent or more, you can be charged with DWI. In New Jersey, there is no difference between DWI and DUI.

What If My BAC Is Less Than 0.08 Percent?

Police throughout New Jersey can charge you with DWI if you consumed any amount of alcohol that impairs your driving. And, if you are under age 21, you will be charged if you drive with any alcohol in your system at all—even as little as 0.01 percent. New Jersey has a zero tolerance policy for underage drivers regarding DWI.

What If I Was High, But Not Drunk?

You can be charged with DWI for driving under the influence of illegal drugs. You might even be arrested on suspicion of DWI if you were taking a legal drug with a valid prescription. A violation is treated the same as driving with a BAC of 0.10 percent. Even though an Alcotest may show there is no alcohol in your system, the police will likely request a urine or blood sample to test for drugs. You have the right to refuse these tests. If you do refuse, the police must get a warrant to conduct the blood test.

What Are the Penalties for a First DWI Conviction in New Jersey?

If your BAC was 0.08 percent or higher, but less than 0.10 percent, the drunk driving penalties for a first offense are:

– $250 to $400 fine

– Imprisonment for up to 30 days

– Drivers’ license suspension for three months

– Attendance at an Intoxicated Driver Resource Center (IDRC) for at least six hours a day for two consecutive days

– $1,000 per year automobile insurance surcharge, for three years

If your BAC was 0.10 percent or higher, or if your driving was impaired by drugs, two of the penalties increase:

– The fine increases to $300 to $500

– You may lose your driver’s license suspension for between seven and 12 months

– If your BAC was 0.15 percent or higher, the judge can also order an ignition interlock device installed on your car for up to three years after your license is restored. The device costs $75 to $100 per month, plus installation fee.

What Are the Penalties for a Second New Jersey DWI Conviction?

– $500 to $1,000 fine

– Imprisonment for up to 90 days

– Suspension of your driver’s license for two years

– Detainment for 48 hours in an IDRC

– A $1,000 per year automobile insurance surcharge, for three years

– Installation of an ignition interlock device for up to three years after your license is restored

Can I Refuse a Field Sobriety Test in New Jersey?

Yes, you can refuse a field sobriety test in New Jersey. However, if you choose to refuse the tests, the officers are likely going to arrest you and charge you with suspected DWI.

We have been providing expert legal advice to clients across New Jersey and Pennsylvania.  If you or a family member are being charged or accused with DUI in New Jersey or Pennsylvania, we can help you in various defense strategies regarding your freedom and serious legal consequences. Do NOT try and defend yourself in court. 

Call Andrew Carroll, Garden State DUI 24/7.  We represent clients for DUI and DWI as well as traffic violations in New Jersey and PA, (609) 400-1302.

Garden State DUI

427 N Packard St, Suite 1B

Hammonton, NJ 08037

(609) 400-1302

https://gardenstatedui.com/

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