How to Beat a DUI Charge in Texas
http://www.lawsays.net/articles/2044/1/How-to-Beat-a-DUI-Charge-in-Texas/Page1.html
Alex Weidmann
Find more great DUI tips at Colorado DUI By Alex Weidmann
Published on 03/9/2009
There are two things you need to do if you've been charged with a DUI in Texas.
There are two things you need to do if you've been charged with a DUI in Texas; the first is to take the charge seriously. If you're convicted of your DUI the consequences can last a long time. Your future, your personal freedom, and even your employment can be affected by a criminal record. A DUI charge can stick with you for the rest of your life, so you need to take it seriously.
The second would be to hire an experienced DUI lawyer. Understanding the DUI laws and courtroom procedures is difficult. Getting a qualified lawyer who focuses on DUI defense can turn the outcome of the case to your favor. Hiring a lawyer that only focuses on DUI cases is a big plus.
Alcohol and drug-related traffic offenses are among the most highly prosecuted. If your alcohol to blood ratio is higher than .08%, you're considered legally intoxicated. In some cases the law considers you intoxicated even if your blood-alchohol level is lower than .08%. Having any sort of controlled substance in your body that causes a loss of regular use of physical or mental faculties is also considered legally intoxicated - a Class B misdemeanor.
The minimum amount of jail time for driving intoxicated is 72 hours, unless you're in possession of an open container of alcohol. In that case the penalty increases significantly. You could spend up to 10 years in prison and be fined $10,000.
Not only can you face jail time, if you're convicted the first time your driver's license can be suspended for three months to an entire year. Even without a conviction, the positive results of a sobriety test can result in an automatic suspension of your driver's license. You may also be required to complete a drivers education course.
If you fail to finish your class, especially if you've been sentenced to, you'll lose your driver's license for another 18 months. To get the license back after the year-and-a-half long period, you'll have to pay a hefty sum.
Although you have the right to refuse a field sobriety test, this can carry sever consequences. If an officer has reasonable belief that you've been drinking and you refuse to take his test, it's an automatic suspension of your license for at least three months, or even more if you're under 21.
The length of time your license is suspended gets longer with every test that shows you are legally intoxicated. For instance, if you've been convicted or had your license suspended due to intoxication, you could lose your license for a year even if you are over 21, or it could be revoked permanently. No matter what the circumstances, you are always entitled to a hearing.
The second would be to hire an experienced DUI lawyer. Understanding the DUI laws and courtroom procedures is difficult. Getting a qualified lawyer who focuses on DUI defense can turn the outcome of the case to your favor. Hiring a lawyer that only focuses on DUI cases is a big plus.
Alcohol and drug-related traffic offenses are among the most highly prosecuted. If your alcohol to blood ratio is higher than .08%, you're considered legally intoxicated. In some cases the law considers you intoxicated even if your blood-alchohol level is lower than .08%. Having any sort of controlled substance in your body that causes a loss of regular use of physical or mental faculties is also considered legally intoxicated - a Class B misdemeanor.
The minimum amount of jail time for driving intoxicated is 72 hours, unless you're in possession of an open container of alcohol. In that case the penalty increases significantly. You could spend up to 10 years in prison and be fined $10,000.
Not only can you face jail time, if you're convicted the first time your driver's license can be suspended for three months to an entire year. Even without a conviction, the positive results of a sobriety test can result in an automatic suspension of your driver's license. You may also be required to complete a drivers education course.
If you fail to finish your class, especially if you've been sentenced to, you'll lose your driver's license for another 18 months. To get the license back after the year-and-a-half long period, you'll have to pay a hefty sum.
Although you have the right to refuse a field sobriety test, this can carry sever consequences. If an officer has reasonable belief that you've been drinking and you refuse to take his test, it's an automatic suspension of your license for at least three months, or even more if you're under 21.
The length of time your license is suspended gets longer with every test that shows you are legally intoxicated. For instance, if you've been convicted or had your license suspended due to intoxication, you could lose your license for a year even if you are over 21, or it could be revoked permanently. No matter what the circumstances, you are always entitled to a hearing.