2nd DWI Offense In Texas

The law in Texas lists DWI 2nd offenders as those who have been arrested for driving with an alcohol content of 0.15 or more on at least two occasions in the previous 10 years. Texas has a very high DWI offender rates in the country, so the repeat offender problem is treated harshly in the state. This article will describe what you should expect if you or someone you know has received a 2nd DWI offense in Texas.

Evaluation for an alcohol or drug dependency needs to be allowed by the person as soon as the conviction. All those people with DWI in Texas 2nd offense convictions, regardless of their test, have to complete 36 hours of drivers education on the topic of the danger of driving while drunk, and alcohol or drug use in general. Lowering the rate of drunk driving is the aim of this program, on top of helping people with substance abuse trouble. Accepting individual responsibility, building self-esteem and learning productive behaviors is the primary goal of the course. This program is offered in many different areas, by various groups and charities who have been permitted to do so by the state.

If the person is found as having trouble with substance dependence or abuse, they may be given one of two options by the judge: facing jail time, or going to a rehab program. Those who have already had 2nd DWI offense convictions in Texas could look at the chance to go to a rehabilitation program a good option since the 3rd DWI offense in Texas is a felony.

Celebrities and DUIs: A Bad Example to Follow

It seems that almost every day you hear another story about some celebrity caught drinking and driving. From Paris Hilton to Ty Pennington they all seem to be in a rush to see who will be next to get a DUI. However, driving under the influence (DUI) also sometimes called driving while intoxicated (DWI) is no laughing matter. In fact, it is severe and will have a disastrously adverse effect on your life.
Now, it may seem as though I am a little melodramatic. Most celebrities charged with DUIs recently, have had seemingly light sentences. I think that there are several reasons for this that I will outline below.

The most important Factor in the relatively light changes and sentences given to Celebrities’ DUI cases are the fact that no one was injured or even Worse killed. This is by far the most critical consideration any a police force or judge will look at when charging and sentencing
people for DUI related crimes.

A second important factor is that celebrities can afford high priced experienced DUI attorneys for their cases. These lawyers will know exactly how to minimize the charges against their clients. This also helps result in seemingly light sentences and costs.
Finally, I think that there is a degree of celebrities getting lesser charges and lighter sentences from the simple fact that they are celebrities. Famous and rich people are often able to get there way in life, even if it does not seem fair. However, I think that this is the least important of the three factors.

However, if you are not a celebrity or at least rich, these last two factors will probably not help you. The most important thing will remain the circumstances surrounding your choice to drink and drive. Be advised though that any DUI charges you may receive will most likely be severed.

At an absolute minimum, you will have your driver’s license suspended for a period and probably have to pay a fine. For more severe offenses and repeat offense, you can expect jail time. Moreover, it won’t be a few weeks like Paris Hilton but more likely months or even years. I think that the leniency shown to celebrities in their DUI cases is also having a very negative consequence on the public attitude towards drinking and driving.

In fact, I would go so far as to say that continuing lenient sentences given to celebrities in DUI cases risks undermining the achievement by groups such as MADD (Mothers Against Drunk Driving) in reducing the number of DUI related fatalities in North America.

Therefore do yourself a favor don’t drink and drive. Even though celebrities get away with a light slap on the wrist, you probably won’t. This goes double if you have injured or killed someone. In these cases, even a high priced DUI attorney and the star power of Tom Cruise would be enough to get you out of that situation.

Open Container Law of Texas: Talks about Illegal factors of Holding Alcoholic Beverages in an Open Container

First of all, let me define simply about what is Open Container? Alcohol bottle with the open condition in the motor vehicle, then it is precisely an Open Container.

The state illustrates the Open Container Law clearly in many categories:

1. Possession of alcohol in open container inside the vehicle is illegal.
2. Texas law restricted the person that not to carry any amount of alcoholic beverages which was opened in the motor vehicle. If the person who breaks the law, then he will be considered as an offender, even if he didn’t drink it.
3. The officer should not find any opened alcoholic beverages inside the car especially in driver’s seat.
4. However, the Law allows the adult person to carry the alcohol in some areas or districts legally.

Penalties Charged Under Texas Open Container Law:

Breaking the Open Container Law is illegal, and the offender will be charged based on the situations. Let us see an example if the person caught with an Open Container in his device, but there is no accident took place even though he will be charged $500 as a fine. If in case, you were caught in DUI (driving under the influence) and if the officer finds any alcoholic beverages in open condition then you will be punished severe – not the only penalty and also he may be put in jail. Note the point that the Texas open container laws are applicable for any road or highways.

In public place, a person who is drinking alcohol in open container is illegal according to the Texas State Law.

Texas state law strictly prohibits, that the person should not be allowed to have possession alcohol in his vehicle in an open container which is illegal.
If you have caught in the high offense under the open container laws in Texas, then you have to approach your lawyer instantly. Hence, the lawyer is the only person to release you from the above case without any significant loss.

In some cases, for example, a vehicle caught by the police officer with an open container, but the driver doesn’t know anything about the alcoholic beverages, then he won’t be convicted.

If we follow the Rules and Regulations, issued by the state laws properly, then there will be no offense in the country.

According to §28.01 State Law has no restriction in some cases. The holder can deliver alcoholic beverages like wine or beer inside the hotel building like lawn, garden, etc., but he doesn’t have permission to provide those beverages in the parking area which is strictly prohibited.

If the hotel got the license for allowing the visitor to have alcoholic beverages inside the hotel, e.g., If the person who has ordered wine with food then the order is placed for the person. However, at the same time, the permittee should not permit the person to carry his wine in an open container from the premises.

According to Section 28.10, the Permit holder has brewpub license. Then he is allowed to sell alcoholic beverages to its valuable consumer to drink inside or outside the premises. The bulk amount of beverages are also can be sold by the Permittee in a proper container, and the amount should not exceed a Thousand Barrels Per Annum.

The hotel who have permitted to sell alcoholic beverages, in that case, the management can allow the employee to deliver the alcoholic beverages to the consumer in the particular sidewalk area. The employee should not cross the law limits like he should not carry the alcoholic drinks in public sidewalk area which is illegal according to the Texas Open Container state law.

These are all can be possible, if the permittee holds proper License Premises.
According to Section §101.75 a person who is having an alcoholic beverage in an open container with seal broken in the public highway, public sidewalk area, or near the schools like government or private, or any part of nursery through higher secondary, then he will be considered as an offender. It’s undoubtedly against the State Law.

Overall every citizen in the country has to follow the State Law, which will lead to safe and happy life. The simple way is following State Law helps us not to cross the limits.

Rules and Regulations followed under DUI Texas act

Department of Transportation in Texas says that for every 20 minutes, somebody gets killed in an accident due to drunk driving. So the administers in Texas have issued penalties in both criminal and administrative, convicted for offenders.

Let us go through the Criminal and Administrative Penalties of DUI in Texas first offense:

Criminal Penalties Act in Texas:

1. According to Texas DUI laws, DUI criminal will be under custody for three days or with a maximum of 6 months. These penalties will change according to the age (which means person under age of 15), will be in custody for six months or over two years.

2. Penalty Charge should not exceed $2000, which applies to an ordinary DUI Texas cases. At the same time, the charge may differ from minor persons, and the Penalty may be increased, but not more than $10,000.

3. Texas state also hires surcharge program for Texas DUI lawbreaker; the surcharge is about $1000 PA for three years. However, the tax increased according to the level of BAC, which means if the level of BAC is excessive, then the surcharge is raised up to $2,000 PA for the period of 3 years.

4. Following the DUI laws in Texas, convicted offender records will be maintained, and it will be used in future DWI offender cases for the duration of 10 years.

Administrative Penalties Act in Texas:

1. Under Texas DUI law, the offender will get arrested under suspicion. They will arrest according to the process of administrative license suspension. Under the act, first offense involves minimum suspension period of 90 days (maximum of 180 days).

2. DUI in Texas first offense refuse to submit a blood test under implied consent laws; then they will suspend your license.

3. According to DUI laws in Texas Driver License get cancel for 180 days. To retain the Driver License DUI penalties in Texas will charge an Annual fee of $1,000 or $2,000 for three years.

4. Under Texas DUI law the offender case still counts as a prior offense, even if the case was 25 years ago.

Is a DUI a felony in Texas?

According to the Texas Rules and Regulations, alcohol driving offense will be charged as a felony. Here are some of the examples under Texas DUI law when the offense comes under the felony.

Texas penal code DUI has separated the conviction according to the Class:

• First DUI Conviction will be considered as Class B Misdemeanor
• Second DUI Conviction will be considered as a Class A Misdemeanor
• Third DUI Conviction will be considered as a 3rd Degree Felony.

Other than the above under DUI laws in Texas, you will be charged with a Misdemeanor in DUI offense if:

If you drink and drive with a young child who is less than 15 years old then, in that case, you will be under custody for not more than 2 years or a minimum of 6 months, and you have to pay the penalty not to exceed $10,000.
A car accident occurs due to drunk driving and the person who has poorly injured in Texas which is called intoxication; they will be considered as a 3rd Degree Felony. The offender will put in jail for a minimum of 2 years and maximum of 10 years. Not only prison, but they also have to pay fine up to $10,000 under Texas DUI penalties act
For this conviction, Texas DUI law command the Judge should order more than 25 days which should not be less than six days of community service.

Differences between DUI and DWI

Most of the people will get confused about the differences between DUI and DWI? Driving while Intoxication stands for DWI, and Driving under the influence stands for DUI. Hope this will clear our doubts somewhat isn’t it? DWI vs. DUI Texas differs according to the age. If you are 21 or above and you drink and drive, then you will be charged under Texas DUI. Also, you are mentally disabled or drunk alcohol above the level.

“Zero-Tolerance” law which acts for the person who is illegally drunk and drive, which means the person below the drinking age. Hence it is considered illegal. You are not supposed to drive after having alcohol if you are under the age of 21. Moreover, of course, people will get charged DUI penalties in Texas, if there is alcohol in their system. Decision authority left up to the officer who is taking charge of the accident.

Significant differences between the DUI and DWI ends up with the importance of the penalties. Even though in both the cases, License will get suspended. Compare to DWI; Suspension periods are decidedly less in DUI Texas first offense which is up to 2months. For the second offense, it will raise up to 3 months, and finally six months for third the offense. Drunk Driving offense computes for the basis of determining the length of the suspension. Hence you could have charged up to $500 if you are not driving at that time, but if you are in possession of alcohol.

Texas DUI records say that out of 10,000 deaths in the road accident, 70% of the accident was due to drunk drivers. Hence in 2009, all the fifty states were declared that DUI (Driving under the influence) or DWI (Driving while intoxicated) is undoubtedly considered as a criminal offense.

Hence people who are following the DUI checkpoints Texas can stay safe for long:

First, avoid driving when your alcohol level is high.

If you are not able to drive, then appoint a driver to reach your place safety, without affecting others.

You have decided that you be NIL unfit to drive a car, due to the high level of alcohol then call a taxi cab which is more safety.

Final and safety decision is not to go anywhere out when you intake more alcohol.

If the person who follows the rules and regulations of Texas DUI law, then he never is convicted under any act. Obey the rules and live your life safer.

Wichita Falls DUI Attorney

Now a Days Driving While Intoxication Case affects student’s education. A student who is going to apply for his higher studies in a college, he has to fill up required field i.e., is there any criminal record against the student, which includes DUI Offense also. He can’t able to avoid the question mentioned in the application as it was mandatory. If he has charged in one or more DUI Case then the college may reject his admission. But at the same time, the student was convicted under DUI case for the first time and he has attended the drunk and drive counseling program then he will be allowed to join in the college. Some colleges, they will accept the application of the student even though he was convicted in DUI Cases. But the student has to disclose his DUI Conviction on his application or else the college will reject his application for his misbehavior against the College Policies.

Once the student has got admitted to the college then he has to follow the college policies without fail. If he was arrested in any DUI Case, he has to report to the college administration within few days or else it may result in suspension as he fails to report about his DUI Arrest. If the student was arrested again and again for the same DUI Case, then the administration will decide whether the student is to be temporarily suspended or permanently suspended it depends upon the DUI Charges made for him. If the student got the temporary suspension, then he won’t get education loan provided for his studies.

To avoid these kinds of difficulties better the student can consult a DUI Lawyer in Wichita Falls to attend his case. Hence the student won’t have much knowledge about the State Law, DWI Attorney’s in Wichita Falls, TX are the only person to guide and support him in all the aspects. Wichita Falls, Texas DWI Attorneys dedicates his service well to secure the student education.

Waco DUI Attorney prove their excellence by winning in DUI Cases

If you have been arrested under DUI Case, then you have to face serious issues like jail, penalties, license cancellation and many more. So to prevent you from DUI Case, DUI Lawyer in Waco are the only person. They have more experience in legal services throughout the state. Practiced attorneys who have 20+ years of experience in their profession, they can handle your DUI Case smoothly and they can solve your problem.

If you have selected qualified DWI Attorney in Waco, TX to attend your case, then you can expect the best result. Attorneys have come across a broad range of DUI cases and they know all the state law. Once they take over the case from their clients then he takes his whole responsibility until he ends up the case. The offender may get tension or stress, because of the case charged on him. But Attorney’s duty is to clear their fear and their first step is to collect detail of the case. Then they will answer their client question step by step.

Well versed Waco, Texas DWI Attorneys provide their full effort in DUI Case. Client Satisfaction is very much important for the lawyer. Because every client is valuable and they believe only with their attorneys to win the DUI Case. An experienced attorney will never disappoint their clients. The attorney will argue to prove his client innocence and he tries to dismiss the penalties and fines charged, or else he will reduce the charges made to their clients and finally he will save his client life. At the same time, you have to be correct in paying attorney’s fee because he will never compromise in his fee.

Tyler DUI Attorney

Texas State Law strictly follows the rules and regulations in DUI Case. If you have arrested under DUI Case, then you are ready to sacrifice your whole life in jail it means. Arrested under DUI Case will affect your freedom, work, and also your future. You can have the support of DUI Lawyer in Tyler, they will also release you from the DUI Case, but your identity in the society cannot be released due to the DUI Conviction. To avoid these kinds of problem, better not to drive your car when the alcohol level is high. This was the best solution to lead your life smooth. Or else you have to face critical situations occurs due to DUI Case.

State Law has described the offense into three categories:

  1. First Offense: The person who was caught by the police officer, due to drink and drive and it was the first time he was convicted then the case is filed as the first offense. Immediately the officer will arrest you and issue penalties for the offense. The offender will be pushed to jail and his jail time period may be 3 days or maximum of 6 months; they will charge up to $2,000 as fine; arresting agency will suspend your driving license for 90 days it may extend more than a year; Court will order to install an Alcohol Interlock Device in your motor vehicle by spending your own money.
  2. Second Offense: Punishments are the same for DUI Case in all the time. But charges will differ to every offense. If you have caught again by the police officer then he will file the DUI Case as the second offense and the charges will be heavier than the first offense. Fine will rise up to $4,000; you have to face jail time period up to 30 days which will extend to 1 year. Driving License cancellation will be for 6 months or maximum of 2 years; Alcohol Interlock Device should be installed at your own expense as per the court order.
  3. Third Offense: For the third offense the offender has to face severe charges. Penalty up to $10,000; Jail time period will be 2 years or up to 10 years; for 2 years your driving license will be suspended. Interlock Device has to be installed in your motor vehicle by paying your own money.

DWI Attorney in Tyler, TX will help you in all the Offense but you have to pay more fees to attend your case. They will charge a fee according to the case complexity. If you have sufficient money to spend client fee then you can hire Tyler, TX-DWI Attorneys to reduce your penalties and fines charged by the Court.

Offender can Refuse to Take Breathalyzer Test – The Woodlands DUI Attorney Explains the State Law

A person who is forced to take Breathalyzer Test, when he was arrested under DUI Case, he can refuse to take the Breathalyzer test, if he was confident that his alcohol level does not exceed the limit or he didn’t drink at all, but the police officer pointed out unnecessarily. Before doing so, it is very important for the person to know about the advantages and disadvantages of refusing to submit the blood alcohol test. In that situation, he can go and approach his DUI Lawyer in Woodlands and can discuss, what will happen if he refuses to take blood alcohol test according to the state law?

DUI Attorney in Woodlands, TX will clearly explain to you about the State Law, which will help you to get the knowledge of rules and regulations followed in your state. An arresting agency doesn’t have rights to force an offender to take any kind of blood test. But in DUI Case, some state will order the person to take the test which is mandatory according to the state law. The offender can refuse but he will be charged some additional penalties for refusing the test. One thing you have to be very clear that if you drive in public highway while intoxicated, then the police officer arrested you and ask to submit Breathalyzer test, you have the rights to refuse but it may result in extra penalties, it depends upon DUI Law in that particular state.

Penalties for refusing Breathalyzer Test

The first step of the police officer is to suspend the driving license of the person, who has refused to take blood alcohol test. Suspension period will differ according to the state rule. But the cancellation of the driving license cannot be considered as a penalty of the DUI case charged and is control under State’s motor vehicle department. If the court declares the offender’s DUI charge then his suspension period of the driving license will get increased. The Woodlands, Texas DWI Attorney will help you in all the aspects to get you Driving License Back. Discuss with the DUI Attorney for DUI Cases is a smarter way.

Temple DUI Attorney

Most of the people already know that Driving While Intoxication is an offense under Texas State Law, but do you know carrying alcoholic beverages with the seal opened is also a criminal offense under open container law? It comes under Class C Misdemeanor.

What is an open container? Open container is nothing but holding alcohol in a device with a seal opened. Beer, whiskey, wine or any type of alcohol in the open condition it is considered as an open container. If you are not drinking it, but you are having alcoholic beverages in your car then you are breaking the Texas State Open Container Law. Open Container Law strictly forbids alcoholic beverages with seal opened in any seating area of a vehicle. If you want to carry the Alcoholic Beverages in your device, then you have to place it in a safe and Locked Compartment.

Once your vehicle is stopped, if the police officer caught you with an open container of alcohol inside your device, then it is illegal. There is an exception for call-taxi, limos, and buses. Open Container Laws apply in any type of highways or public roadside.

Once you caught by the police officer, he will charge you penalties under open container law. Charges depend on the situations. If you are just carrying alcoholic beverages with a seal opened and you were not consuming it, you will be charged up to $500 as a fine and he will give a citation. But in case, you were arrested in impaired condition due to consuming alcohol and also carrying open alcohol container in your vehicle, then you may have to face harsh penalties. Penalty not only includes fine, it also includes Jail Time and Driving License Suspension.

In these circumstances, you have to speak with DUI Lawyer in Temple immediately. If you have selected an expert DWI Attorney Temple, TX to attend your case then there is more chance for success on your side. DUI Attorney will take charge on your case and he will give the best result. If the Case is not much complicated, he will dismiss the charges made on you by his excellent argument and release you from the DUI Case. If the case has more complications then he tries to reduce your penalties and charges. So only by the help of Temple, Texas DWI Attorney you can rescue from the DUI Case.

Sugarland DUI Attorney

Most of the people don’t know what is DWI? Everybody should have the knowledge of the DWI and what are the penalties charged by the government under DWI Case.

DWI which means (Driving While Intoxication) is nothing but a person who is driving his motor vehicle when he is impaired due to consuming alcohol. But the person can also arrest under any related substances.

While caught by the police officer in DUI case, the person has to face charges for driving his motor vehicle in an impaired condition, driving with an open container alcohol (which means carrying alcoholic beverages with the seal opened), and even for refusing BAC test.

Charges will be severe in DUI Case which cannot be tolerated by the Offender. First, he will get arrested, he has to face jail time, he will be charged penalties and fines, and his driving license will be suspended if he refuses to take Breathalyzer Test.

Once the person was convicted in DUI Case, he needs the full support of Sugar Land, DUI Attorney. DUI Lawyer in Sugar Land will represent you in the above critical situations.

Sugar Land, Texas in DWI Attorneys will arrange for a free consultation, before attending your DUI Case. After discussing the case study with you he will tell you the possibilities and difficulties of the DUI Case. And also Attorney will give you the fee structure which depends on the case complexity. If you are pleased with the Attorney and his fee, then you can go ahead. DWI Attorney in Sugar Land TX will put his full effort to reduce your Charges and penalties.