Friday, January 30, 2009

Deal With Austin Arrest

The DWI arrest invariably leaves the DWI Austin victim with a sour feeling that this was one drink that he could have so easily done without! How true but too late... now that you're facing DWI charges, you'd rather deal with it. One thing about DWI Austin Arrest is that you cannot undo it. No matter what you do, if you are arrested by Law Enforcement Team or Patrolling Police under DWI Austin you have to face the consequences.

DWI Austin Laws - An overview: As far as DWI Austin Laws are concerned they are very strict and getting stricter by the day. Impaired driving has cost Austin many innocent lives. Vigourous patrolling during the peak hours is a norm. There are checkpoints now where the patrolling team stops all vehicles to check the status of driver's mental and physical faculties. There is another side to this. If you think you are drunk beyond the permissible BAC limits, there is a facility of hiring a driver who will drive you home in your own car. You are free to choose this option if you need the car to drive to office the next day

Wednesday, January 28, 2009

Handling the Question Police Ask

What is the best strategy?

The Police questions because he/she is looking for evidence against you. Be careful. I repeat, don't be rude o do anything to upset him. Keep your cool and try to handle the questions as gracefully and positively as possible. The police officer is not stupid so don't try tricks. If you think your blood alcohol content may be above permissible limits and the police is insisting on Roadside Sobriety Tests, be quiet and inform the police that you'd like to consult your DWI lawyer before answering any questions. Sometimes depending up on the law prevalent is the state you will be allowed to consult your DWI lawyer only after you have taken the roadside tests.

Can you refuse the Roadside Sobriety Tests?

Yes you can. But that does not stop police from arresting you under DWI suspicion. Also your driving license will be confiscated and within a prescribed time period you will have to apply for getting your driving license back. Generally this time limit is 10 days from the date of arrest.

Monday, January 26, 2009

What Need You Know About Dwi

Most states follow the same penalty structure, beginning with the suspension of the drivers' license. This can be done immediately if the suspected driver refuses to submit to a chemical drug or alcohol test at the time of the alleged violation. The penalty phase then moves to jail time and confiscation of the vehicle.

Some states are working on passing laws that will make a driver under the influence responsible for any type of traffic accident whether or not they were actually at fault. This would mean that if you are intoxicated and are hit by another, un-intoxicated, driver who runs a stop sign or crosses into your lane, that you would legally be at fault.

Several states, forty-two to be exact, have a condition that allows offenders that meet certain criteria to drive if their cars have been outfitted with ignition locks. These work by locking the ignition until the driver submits to an onboard breathalyzer test. If the test comes back negative, the car is allowed to start.

The laws and penalties in your state may vary. It is always wise to be aware of your local and state DWI laws and how you could be affected by them. These laws can be found on the internet for most states and by visiting your local police station.

Saturday, January 24, 2009

DWI is a very very serious offense

To start with - DWI is a very very serious offense. An alarming number of Americans lose lives every year because of drunk drivers. The DWI Laws are very strict and if you are arrested with DWI charges, it can damage the rest of your life in a big way. DWI arrest can have very serious consequences. A bad police record is something you will have to live with if convicted. If not convicted you end up spending thousands of dollars over various things including DWI attorney fee. Either way there is bound to be criminal waste of countless number of hours visiting police station, meeting up with your Probationary Officer from time to time, volunteering community service, attending alcohol education classes, filling up forms at various stages and what not.. the ordeal is tiring, sometimes meaningless and humiliating. When you are caught under DWI suspicion, you are taken to the jail by the officer who has made the arrest and until you are allowed to make a call and your DWI attorney releases you on bail, you are actually in the jail cell (sharing the cell with one more criminal) in clothes provided by the jail, eating jail food, sleeping on hard jail matress. It traumatizes the person arrested under DWI. Immediately after DWI arrest you lose your right to drive, unless court grants you Occupational License, which comes with conditions such as observing speed limits and driving in limited areas etc. All this, if you get Occupational License. If you don't there is no issue. No driving your kids to school, or your parents to the nearby hospital. Immobility breaks your back. How will you drive to your job? There are instances when people have lost their jobs as a result of their DWI arrest. There are countries that don't allow people with DWI records against them.

Thursday, January 22, 2009

How To Handle Austin Dwi Violation

An Austin DWI offense is regulated by the blood alcohol content. When a police officer stops you for suspicious driving, he is permitted to do a blood alcohol test on the driver of the car. This may be either a breath test or a blood test, but it is completely legal under Austin DWI law for the official to request it. If your blood alcohol concentration is over .08, the legal limit, you can be arrested. If you refuse to take the test, you will be assumed guilty, so it is worth doing the breath analysis in case you are actually below the limit.

While the blood alcohol content test is a legal Austin DWI method of testing potentially drunk drivers, police officers usually begin by administering a sobriety test. These are pretty standard all over the country, where you will be asked to touch your nose with alternating fingers, walk in a straight line and stand on one foot. Should you fail this, you will be given the blood alcohol test. If you fail the test, you will be arrested under Austin DWI law and taken in to the police station.

Tuesday, January 20, 2009

About Dwi Drunk Driving In Texas

A more recent law passed in 2005 provides for heightened penalties when a person is convicted for driving with a dangerously high BAC of 0.15. Supporters of the high-BAC law argue that a more severe punishment for high-BAC drivers is justified. According to statistics released by Mothers Against Drunk Driving, 58% of alcohol-related fatalities involve someone with a BAC of 0.15 or higher.

While the last 10 years has seen Texas embrace a more rigorous approach to identifying and punishing drunk drivers, Texas has not yet adopted laws that are somewhat common in other states. For example, some states apply a lower BAC to repeat offenders. Other states apply penalties for refusal to take a Breathalyzer test that are greater than the penalty for actually failing the test. In Massachusetts, for instance, the first refusal to take a Breathalyzer results in a 180-day license suspension, but subsequent refusals can result in three-year, five-year, and lifetime license suspensions.

Sunday, January 18, 2009

Talk to a prosecutor or the law enforcement officer

Some people believe that officers and prosecutors can be reasoned with, without the help or advice of an attorney. BIG MISTAKE!!!!!!!!!! First, anything you say can be used against you in a court of law. I can not tell you how many times a defendant or a parent of a defendant without experience in DWI law says the wrong thing because they believe a rational explanation can absolve them. For example I have had people who call me who can't understand why the state won't dismiss the case once they tell the prosecutor they had a valid medical prescription. What often happens is they make statements, which end up making their case worse.

Friday, January 16, 2009

Tips Hiring an attorney based only on the fee

The State has unlimited resources and experienced officers who are trained to testify in these types of cases. You need an attorney who charges a fee which allows him to put time and effort in order to successfully challenge the prosecution's case. Lawyers, who routinely charge too little, must take on a larger number of cases at smaller fees in order to keep their doors open. Many times, those attorneys who have a large volume of cases are "spread too thin" and can not spend the time required to present a successful defense to your case. Look for a reasonable, predictable fee, not the cheapest. Attorney's who only charge 100.00 to 200.00 for representation are not serious about getting a successful result in your case.

Wednesday, January 14, 2009

5 Best Tips To Avoid Dwi

  1. Don't blow - you have the right to refuse taking a breath test. Yes it's true, your license may be suspended longer than if you had blown, but you want to beat the case, right? Instead, offer to give a blood sample.

  2. Don't do any sobriety tests at all - at the scene where you are stopped or at the station when you are arrested. You can refuse.

  3. Don't lean against the car or anything else...every little thing you do that shows intoxication will be used against you in Court.

  4. Don't say anything - they will use your statements against you in Court. Common mistakes are saying, "Officer, I couldn't even do those tests if I were sober"..."I know I'm wasted."

  5. Speak clearly and be polite.

Monday, January 12, 2009

Tips Wait to hire an attorney

Hiring an attorney in a timely manner is important. First, you have 15 days to request an administrative license revocation hearing (ALR). Requesting an ALR on time can help you receive important documents from the Department of Public Safety regarding your case. It gives you an opportunity to pin the officer down on important elements regarding your case. Hiring a qualified attorney as soon as possible is also important because memories sometimes diminish. Furthermore, many times defenses that deal with medical issues requires more time to obtain evidence. Waiting too long to hire an attorney can make a good case become a loser.

Sunday, January 11, 2009

How To Stopped Dwi In Texas

  1. Do not answer any questions other than your name and address. If asked to get out of your car, ask the officer if you are free to leave. If the answer is yes, leave. If the answer is no, then ask to speak to an attorney before saying or doing anything else.
  2. Do not agree to perform roadside tests.
  3. Do not agree to have your eyes tested.
  4. Do not agree to blow into a handheld breath tester.
  5. Do NOT consent to a breath or blood test, if you are asked to take one.
  6. Be polite. Produce requested documents.

Friday, January 9, 2009

How to selecting the right Texas DWI lawyer

When selecting the right Texas DWI lawyer , the following should be evident:
  • The lawyer has extensive experience in litigating and trying DWI's;
  • The attorney has a reputation for going to trial (not for pleading clients guilty);
  • The lawyer has won difficult cases (they are not all talk);
  • You feel comfortable in the manner in which the attorney communicated with you (If you are not comfortable, do you think the jury would feel comfortable?);
  • The lawyer listened to you (or did they do all the talking?);
  • The lawyer listened to you (or did they do all the talking?);
  • The lawyer was genuinely interested in you and your case;
  • The financial agreement was clearly defined; and
  • You have a strong sense of confidence in their ability to professionally and competently handle your case!

Texax Dwi and Administrative License Revocation

ALR (Administrative License Revocation) A Program to suspend the driving license Of Drivers Which are found driving carelessly under dwi(driving while intoxicated).You need a proper class if you are driving in USA And know nothing about it. I will teach you all one by one.

Your license can be cancelled if: a) You Refuse to give test necessary for determining weather you are intoxicated or not. b) You Allow for test but your blood alcohol content is found greater than 0.8. Note That This program covers over 41 states and this program is administrated by the Texas Department of Public Safety (DPS). And believe me, ALR is not the only thing that you are going to face. Actually DWI initiates two things: 1) Criminal case, 2) ALR also known as Administrative License cancellation, Someone should know how ALR works. If a Law enforcement officer believes during traffic a reasonable cause for stopping driver then 1) First officer need to tell him his rights. These rights are: a) Anything you tell us can be used against you. b) You can arrange a lawyer during interrogation. c) You have the right to legal counsel. d) You have a right to remain silent. After all these nonsense field sobriety tests. If Tests fails Then driver can be arrested and imported to Police station where Requested To give Breath Test (Breathalyzer) or blood test. Ideal concept but know, How ideal this world is.

How can Hiring an Austin DWI Attorney help?

How can Hiring an Austin DWI Attorney help?
Well, he knows the law, he knows the rules and he knows the way out. He can challenge the way the test is performed. The machines on which the tests were done. The Austin DWI Attorney cam also challenge the qualification of the person operating these machine. He can take the blood and urine samples and get them tested in a private lab to verify the tests. Austin DWI Attorney can challenge the grounds on which police made the arrest. He can challenge the accuracy of the machine, timing of the tests and so on.

Austin DWI Attorney can help provided you hire the right person at the right time. If in the beginning without realizing the importance of the case you try to fight it yourself, there is a chance that you will complicate it and make it that much more difficult for your Attorney. So the timing is very important. Hiring the right Austin DWI Attorney means a qualified and experienced team Austin DWI Lawyers. Someone whose exclusive area of practice is DWI Austin.

You must understand that Austin DWI can result in loss of job also under some circumstances. Sometimes you are not allowed to visit other countries if you have such a police record. Your mobility is restricted anyway by your driver's License being suspended. All this coming together can be very torturous. Best is not to drive drunk. Next if you do and are caught look for a lawyer so that the outocme can be the best taht it can be.

What Should I Know About Austin Dwi Laws ?

According to Austin DWI Laws, DWI is a criminal offense. DWI Austin charges carry administrative penalties. According to Austin DWI Law if your breath, blood and urine tests show alcohol content of more than 0.08% then you will be arrested under Austin DWI laws. Its a class-B misdemeanor. Having alcohol or drug or any type of controlled substance in body that results into loss of normal use of mental or physical faculties is considered intoxication. Intoxication does not limit to alcohol alone.
If you are arrested under Austin DWI charges, your immediate worry should be to hire an

A qualified, competent and experienced Austin DWI Attorney. Preferably an Austin DWI Attorney firm. A firm consists of a team of qualified people needed at various stages of the trial. You should also make sure that you hire a firm that exclusively deals in DWI cases & trial, that too in Austin, Texas. Such a firm will have better insight into the legal procedures and workings of the court. Since these Austin DWI attorneys are dealing with the judges all the time, they are better equipped to plan their move.

The minimum jail time as per Austin DWI Laws in 72 hours. But if you were caught with an open container of alcohol in the vehicle that you were driving your jail time can go upt o 6 days. Apart from jail time, as per Austin DWI Laws your driving license can also be suspended for 90 days to one year. Even if the person charged with DWI Austin is not convicted, the positive results of breath, blood and urine are enough reasons for his/her driving license suspension.

Besides the above, as per Austin DWI Laws, for a person arrested under DWI charges it is mandatory to attend educational programs related to drunk driving. If he/she fails to do it within the time frame prescribed, it can result into losing driving license. A subsequent DWI conviction results in driver's license suspension for another 18 months. To get the license back after completing the suspension period, the person must pay $100. Your driver's license can also be suspended if you refuse to take the Road-Side tests suggested by officer. Apart from this your insurance cost will also go up.