The Texas Adult Drivers Education program has created a wonderful video that’s intended to drive home the message of the dangers of drunk driving. Drug use and alcohol use can result in drunk or impaired driving which can result in serious criminal charges for individuals arrested by Texas law enforcement officers for DWI.
DWI & BAC Measurements
Drinking and driving is the number one killer in Texas! We lose about 1,000 people a year when someone makes a selfish decision to get in the car and put themselves and others lives in danger!
On numerous occasions people will end their work week, get home, get dressed, then go out and enjoy the weekend on Fridays & Saturdays. Oftentimes, enjoyment of the weekend involves partying, drinking alcohol, smoking, and generally relaxing among friends and acquaintances.
While this is fine and dandy, when considering the intoxicants involved with the weekend enjoyments of some people, it’s understandable how outcomes can vary drastically depending on the people and the circumstances. Weekends like these have led to many good people being stopped by police only to be suspected of drunk driving, and subsequently arrested, car towed, and thrown in the Harris County Jail.
This is a very common scenario in Houston, TX, and we can tell you first hand that thousands of people have dealt with such a fate. If you’re arrested for a DWI offense in Houston, you have options, but dealing with the situation is never easy nor convenient. As an adult, we all have a duty to conduct ourselves in a manner that doesn’t conflict with the law.
Taking Into Account One’s Actions
Whether you’re a doctor, lawyer, politician, street-thug, or preacher, if you’re thought to be driving while intoxicated in Houston you’ll be arrested and jailed. It’s important to realize that the offense may not seem like a big deal to you, but there’s a real risk to public safety when drunk drivers are on the road. Thousands of Texans die annually due to auto accidents and a large percentage of those are caused by drunk drivers.
About every 20 minutes in Texas, someone is hurt or killed in a vehicular crash involving alcohol.
While many DUIs involve college students, the recent case of a Zapata County priest charged with driving while intoxicated after a single-car accident, shows this problem impacts people of all ages and walks of life.
In Montgomery County alone, the sheriff’s office arrested 62 individuals as part of “Operation Blackout,” an anti-DUI effort conducted during the 2017 Memorial Holiday weekend. Some of them were charged with driving while intoxicated with a child, one was a boating incident and several were third offenses.
If you’re ready this article, and you’re out on bond after being arrested for a drunk driving offense, you’ll need legal representation. If you were arrested in Houston, we recommend Houston DWI Lawyer Tad A. Nelson for your case, as he’s one of the most competent defense lawyers in Houston.
Drunk driving cases tend to be tricky for inexperienced lawyers due to the scientific nature of the offense. If your attorney can prove that you were not intoxicated or can call into question the judgement of the officers or the validity of the Blood Alcohol Test, you’ll likely be able to beat a Texas DWI charge.
Your Response to an Arrest
Refuse to blow, and don’t voluntarily provide the police with any evidence they can use against you. Force them get a warrant, but remember to be polite and orderly. Once you post bond, contact a qualified defense attorney as soon as possible.
The penalty for Driving While Intoxicated, in most cases, is quite severe. Where you have been arrested for DWI and are adamant to fight the charge one ought to understand the defenses available to them. With a proper defense one might just evade conviction, suspension of a license, and ultimately get acquitted. In a DWI case, the prosecution has to prove two things.
The Prosecution Must Prove Guilt
First that the defendant was the person driving the vehicle in question, and secondly, that the defendant was under the influence of a drug, for example, alcohol, another intoxicating drug,, or a combination of drugs. And to prove this, in cases where the defendant has been accused of a serious offense, a blood test may be necessary to prove that the defendant was indeed intoxicated.
One defense a defendant may have is that the officer involved in the case did not actually pull them over while were driving the vehicle, which is the reality in most DWI cases. For example, where an officer did not in person observe you driving the vehicle or where the officer found you behind the steering wheel of your car in its stationery state, the issue of DWI will become debatable.
Drunk Driving Defenses
Another strong defense a defendant may have in a DWI case is that there was no probable cause to stop the defendant in his vehicle and subsequently arrest him/her for DWI. Any evidence a defendant may present on the process of arrest will be considered in the court process. For example, where one is of the conviction that they were arrested as a result of their race or ethnicity, and not for reasons of erratic driving or apparent intoxication.
Intoxication Manslaughter: A Serious Felony
However, in instances where one has been charged with Intoxication Manslaughter, defense becomes infinitely harder. The consequences for this type of offense are severe for all parties involved; the injured party as well as the accused. Intoxication Manslaughter is considered a felony crime in most jurisdictions and generally carries a sentence of between two to twenty years imprisonment and possible fines that could be as much as $10,000.
Intoxication Manslaughter differs from manslaughter and vehicular manslaughter on the premise that these two demand some proof of recklessness. However, for Intoxication Manslaughter, once it has been proven that you were indeed intoxicated while driving the vehicle in question, the law will automatically make the presumption of the act being reckless on its own. Therefore, no further proof is required to show reckless driving and a conviction and/or fine is eminent.