In 2013, there was a decline in the number of impaired driving arrests in Houston over Thanksgiving weekend. Your Houston News reported one local prosecutor believed the decline in arrests was due to no refusal weekends. No refusal weekends routinely go into effect in Houston on holidays like Memorial Day or Thanksgiving day.

During these times, you are unable to refuse a test of your blood alcohol concentration if you are pulled over and there is probable cause to suspect impairment. If you do not agree to take field sobriety or handheld breath tests, you could be transported to a hospital nearby to undergo a blood test.

Drivers need to be aware of the impact of no refusal weekends on their rights, and need to be cognizant of the fact police will be out in full force over Thanksgiving weekend in an effort to identify suspected impaired drivers. If you are arrested and charged with DWI, you need to explore your options for DWI defense so you can fight to keep your license and aim to avoid consequences like jail time and higher insurance costs.

Houston Drivers Face Added Enforcement Efforts Over Thanksgiving

In 2014, the Texas Court of Appeals ruled it was unlawful for police to force suspected drunk drivers to undergo BAC tests without first securing a warrant. The actions of officers to force testing was considered a violation of Constitutional rights because it was an unlawful warrantless search. Houston Public Media indicated this ruling could put an end to no refusal weekends, including one scheduled for the upcoming Thanksgiving holiday weekend.

The reality, however, is the decision did not actually stop police from using these harsh tactics to try to arrest allegedly impaired drivers. Instead, as Star Telegram reported, a local district attorney in one location in Texas simply said they would find a way to make sure warrants could be issued immediately. This meant those suspected of impaired driving would still be subject to the no refusal requirement to give blood to see if they were impaired. The solution came in the form of having judges on call on holiday weekends to sign warrants, which could be sent via fax or email.

With this quick fix in place, law enforcement was able to continue scheduling no refusal weekends during times considered high risk. Those who drive on holidays, including over Thanksgiving weekend, are thus still at risk of being unable to refuse testing and being forced to take a blood test after being pulled over.

If your BAC is tested after you are pulled over for Thanksgiving, you need to make sure police followed proper protocol both for the initial traffic stop and for subsequent actions leading to a warrant being secured and your alcohol levels being tested. In their zeal to make arrests over Thanksgiving, which is considered a high-risk day for drunk driving, the rights of motorists may be infringed. If this happens to you, evidence obtained illegally cannot be used to convict you of DWI.

Football and alcohol-use seem to go hand-in-hand, both for players and fans. According to USA Today, on average, NFL players are arrested for impaired driving between 13 and 14 times annually. NFL players have faced 177 arrests since January 2007 for driving under the influence of alcohol and drugs, and three NFL players have caused fatal accidents while allegedly impaired.

Football fans also commonly face arrest during football season, especially as police tend to be on the lookout for impaired drivers on game days.

One University of Texas study found football games are among the days with the heaviest alcohol consumption over the course of the year. Of Texans who drink, 51 percent said they consumed three or more alcoholic beverages while watching football games and the Texas Department of Transportation indicated 45 percent of those motorists drove home. Police are often present around stadiums when the Houston Texans or Dallas Cowboys are playing to catch drunk drivers.

If you are pulled over after attending a football party or game, you may find yourself forced to submit to a test of your blood alcohol concentration. If you are found to be over-the-limit, you could be arrested and charged with impaired driving. You need to understand what your legal rights are and what to do after an arrest for DWI during football season.

What to Do If You Are Arrested For a DWI During Football Season

If you are arrested for a DWI during football season, the steps to take after the arrest are the same as they would be any time of the year – you need to contact an experienced attorney. Your lawyer will help you to decide if you should plead guilty to try to reduce penalties or if you can raise defenses.

Many people arrested after watching a football event end up with a blood alcohol concentration that is above .08 percent. If you consume three or more drinks while watching football and then you drive home, there is a very real possibility you could have a blood alcohol concentration above the permissible level. However, even having a high BAC does not necessarily mean you are going to be convicted. Just recently, ABC reported on forensic errors in a crime lab in Chicago that were jeopardizing DWI prosecutions.

Attorneys defending a client accused of causing a drunk driving accident were able to recover internal audits showing the crime lab expressed concern about evidence handling and scientific methods. Subsequent investigations showed numerous problems at the testing lab including mixing up test results, improperly destroying samples, and improperly calibrated equipment. When there are problems with tests, it is possible the evidence won’t be able to be used effectively by prosecutors to secure a conviction.

Forensic evidence including the results of blood and urine tests for alcohol can often be challenged, and a DWI defense lawyer can help determine how you can best defend yourself if you are arrested for impaired driving during football season.

A driver in Texas who is found guilty of operating a vehicle while impaired by alcohol can face a suspension of a personal driver’s license. Not being able to drive is a major problem for most people, as work and family commitments may be difficult to fulfill without a valid driver’s license. For those with a commercial driver’s license (CDL) however, the loss of a license can mean the end of a career.

A commercial driver’s license holder can have his CDL suspended both for a drunk driving conviction while operating his own personal vehicle and for a drunk driving conviction while operating his commercial vehicle.   Because conviction can lead to a lengthy CDL suspension or a lifetime revocation, it is very important for a Houston commercial driver to raise a strong DWI defense if he is accused of breaking Texas laws on impaired driving.

Why You Need a Good DWI Defense When You Have a CDL

Most truckers in Texas who drive passenger vehicles or big trucks are subject to regulations established on the national level called Federal Motor Carrier Safety Regulations (FMCSRs). The regulations are passed and enforced by Federal Motor Carrier Safety Administration (FMCSA).

FMCSR 383.51 is the relevant federal regulation addressing the situations under which a commercial license can be suspended.  A CDL suspension may occur after:

• A refusal to take a blood alcohol concentration (BAC) test when there is probable cause the driver is impaired by drugs or by alcohol.
• A conviction for driving drunk while in a personal car.
• A conviction for driving under the influence of a controlled substance, or any combination of drugs and alcohol, while in a personal car.
• A conviction for driving drunk or under the influence of drugs or controlled substances while operating a commercial motor vehicle.

A commercial motor vehicle is typically defined as a truck with a gross weight rating of 26,001 or more pounds or a tow trailer of 10,000 or more pounds. Vehicles that are able to transport 16 or more people, including the driver, may also be considered commercial vehicles.

When a driver is in a commercial vehicle and refuses to take a BAC test or is considered to be impaired by alcohol or other substances, the driver could face:

• A one year CDL suspension for a first conviction.
• A three year CDL suspension for a first conviction while operating a vehicle that contains HAZMAT/ hazardous material.
• A lifetime revocation of a CDL for a second conviction.

Under Texas law, as throughout the United States, there is a lower limit set for drivers who are operating a commercial motor vehicle. A CDL holder in a truck or passenger vehicle is considered to be in violation of impaired driving laws as soon as his BAC is .04 percent. The lower limit is set at half of the standard limit in a passenger car.

Because a DWI can mean the suspension or lifetime loss of your CDL, you need to develop a very effective DWI defense if you don’t want to lose your professional license and career.

Texas Vehicle Code Section 724 provides rules on implied consent. Under this law, an individual driving or operating a boat within the state gives consent to chemical testing to determine if the individual is breaking the law by driving while driving. If a defendant refuses to submit to a test when there is probable cause of impairment, this can result in a license suspension. The refusal to submit to the testing may also be used against defendant in subsequent criminal proceedings, including in a trial for impaired driving.

When you are facing drunk driving charges and the prosecutor is going to use your BAC test refusal against you, it is important to talk with a DWI defense lawyer about what your options are for defending yourself. You do not want the jury to be convinced of your impairment by your refusal to take the test, and your attorney should help develop an effective legal strategy to try to ensure this does not happen.

Defenses to Drunk Driving Charges After Refusing to Take a BAC Test

In every drunk driving case, it is important to develop a strategic plan for how you will defend yourself from accusations you operated your vehicle while impaired. In cases where you have refused to take a breathalyzer test, an explanation for the refusal generally must be incorporated in some way into the defense because the prosecutor may submit your refusal to provide proof you knew you were too impaired to be behind the wheel.

A strategic defense must be crafted that is specific to the facts of your case and that provides you with compelling arguments to make to a jury. A Bar Association article addressed some of the issues paramount to creation of an effective DUI defense when you have declined to take a chemical test in spite of implied consent law.

One of the best outcomes after a chemical test refusal is to successfully motion to suppress evidence of the refusal. You have the right to be informed of the Texas implied consent laws and to be alerted to the fact declining the testing will result in a license suspension and can be used against you. If you were not warned of the consequences of refusing to take the chemical test, it is possible the evidence obtained may be considered inadmissible in court. The prosecutor will not be able to present to the jury the fact you refused to take the test.

If evidence cannot be suppressed, then there are different approaches to take to try to ensure the prosecutor cannot successfully prove you’re guilty by showing you did not take submit to the testing.

Red states tend to impose harsher penalties on people who drive under the influence of alcohol, as compared with blue states. Wallet Hub ranked all 50 states plus the District of Columbia in terms of how strict each was with its impaired driving penalties. The strictest state (Arizona) was ranked 1st and the least strict state (South Dakota) was ranked 51st. When classifying all of the states, red states had an average ranking of 23 and blue states had an average ranking of 28.2.

Texas was one of many red states that was stricter than most other locations in the U.S. in its treatment of people convicted of drunk driving. Because those found guilty face serious criminal penalties, anyone accused of impaired driving should consult with an attorney familiar with all aspects of Texas DWI law as soon as possible post-arrest to begin developing an effective strategy to fight charges.

Texas Imposes Strict Penalties on DWI Defendants

The state of Texas ranked 18th out of 51 in terms of how strict its penalties are when a defendant is found guilty of impaired driving. It was tied with New Hampshire and was above South Carolina (ranked 20th) and below Colorado (ranked 17th).

One area in which Texas is stricter than most other locations is in the mandatory minimum jail terms imposed on defendants convicted of impaired driving. In Texas, a first time offender who is convicted of driving while impaired will be sentenced to a minimum of three days imprisonment and a repeat offender with one past conviction will be sentenced to 30 days. The national average is one day in jail for a first offense and 21 days in jail for a second offense.

Texas had a shorter look back period, or time period during which past convictions count against offenders. In Texas, only convictions in the prior five years count to determine whether you have past convictions. Many other states, including South Carolina, Florida, New Hampshire, Oregon and Louisiana, have a 10-year look back period.

Texas, like many other locations, makes a third offense for DWI a felony conviction. Some locations like Alabama and Arkansas do not impose an automatic felony charge until a fourth offense, while others like Colorado never make impaired driving an automatic felony.

Texas is among the states imposing a 12-month ignition interlock device requirement on those who are found guilty of a first DWI with a BAC of .15. Only four states impose longer than a 12-month ignition interlock requirement (Delaware at 14 months, Oklahoma at 18 months, Massachusetts at 24 months, and Rhode Island at 24 months).

Unlike many other states, however, Texas does not have minimum fines for a first or second conviction for impaired driving. Some states will fine repeat defendants as much as $2100. While conviction won’t necessarily lead to large fines, Texas drivers do see a 44 percent increase in insurance premiums after a conviction, compared to other locations with much lower premium increases.

Defendants need to be aware that Texas is stricter than many other states and need to ensure they are taking aggressive steps to defend themselves from a guilty verdict.

When police pull you over, they may ask you questions like whether you have consumed any alcohol. A law enforcement officer may also ask you how much you’ve had to drink.

Many people pulled over by police incorrectly believe evidence obtained cannot be used against them if they weren’t given a Miranda warning before they answered questions. This is not necessarily true. While evidence collected in violation of your rights can’t be used against you in a drunk driving case, police aren’t required to read your rights every time you have an interaction.

It is important to determine when your rights actually were violated so you can make a compelling legal argument to keep illegally obtained evidence from being used. You should consult with an experienced DWI defense lawyer after you’ve been charged for help with the process.

When Must Police Mirandize You in DWI Cases?

You’ve probably seen police reading people their rights on TV. This is called Mirandizing, and involves delivering the Miranda warning i.e. telling you you have the right to remain silent and to call a lawyer. Police have to go through this recitation of your rights before a custodial interrogation or prosecutors won’t be able to use any statements you make during the interrogation.

When you are subject to a traffic stop, you could make an argument you are in custody. Custody is typically defined as subject to the common restrains of arrest and/or being in a situation where you do not feel free to leave the presence of officers. You can’t just drive away when police stop your car.

You could also make an argument you’re being interrogated if police ask you questions about whether you’ve had anything to drink. The answers to these questions could result in your arrest and prosecution, and anything you say can be used against you.

Despite this, the Supreme Court ruled in Berkemer v. McCarty there’s no Miranda warning required before police talk to you at a roadside stop because: “In short, the atmosphere surrounding an ordinary traffic stop is substantially less “police dominated” than that surrounding the kinds of interrogation at issue in Miranda.” If you are formally arrested for DWI, however, police must at this point give you a Miranda warning because you are being taken into custody. If police arrest you without reading your rights, you can petition to have evidence suppressed if it was collected during a subsequent interrogation. Evidence suppressed can’t be used to secure a conviction.

Prosecutors have the legal burden of proving drunk driving occurred beyond a reasonable doubt. There are times when evidence can be suppressed, like if you were pulled over without probable cause. An attorney can provide assistance determining if the Fourth Amendment was violated in your case. A failure of police to read your Miranda rights as soon as you’re stopped is not likely to be one of these situations where a constitutional argument will work to prevent evidence from being presented.

Does a defendant in Houston, Harris County and Montgomery County need to make a voluntary choice to be convicted of driving drunk? This is a question that comes up in some complex DWI cases. If you have been charged with driving under the influence, a DWI defense lawyer can help you to explore ways to make it difficult for a prosecutor to prove the case against you. If you can disprove any part of the crime, you should avoid conviction.

Some defendants try to avoid being convicted of driving drunk by claiming that they did not make a choice to engage in the behavior. This defense may work under limited circumstances depending upon state laws. You need to make sure you talk to a lawyer before raising any defense because an argument that worked for one defendant may not work for you.

Does DWI Require a Voluntary Act?

Courthouse News reported one DWI defendant who was challenging the suspension of his license to drive. His license was revoked by a hearing officer as part of administrative proceedings that result in the automatic suspension of a driver’s license when someone is considered to be impaired. The motorist had been arrested for having alcohol in his system while driving, and his license was revoked because he was over-the-limit.

The motorist also had Ambien in his system at the time of his DWI arrest. The Ambien detected through chemical testing was in normal therapeutic dose. One known side effect of Ambien is that the medication can result in people getting up and doing things after they have taken the pills and while they are asleep. A person who acts while sleeping is in a somnambulistic state. Sleep driving is a common activity that people who take Ambien do when they are in a somnambulistic state.

The motorist claims that he shouldn’t have lost his license because he was not acting voluntarily when he got behind the wheel drunk after he took Ambien and acted in a somnambulistic state. He believes that the hearing officer who held that his license should be revoked made an error in ruling that a DWI does not require a voluntary act.

The motorist who is challenging his suspension is in Colorado, so the case will be heard in Colorado courts and the local DWI laws will be interpreted in order to determine if the driver should lose his license for a period of time.  Other state laws may be written differently and a different outcome may occur if a defendant tries to challenge a license suspension or a DWI charge by claiming that he should not be held accountable because he acted involuntarily while on Ambien or was under the influence of other prescription or over-the-counter drugs.

Texas plaintiffs have previously had charges dropped when they claimed they acted involuntarily and drove under the influence of Ambien.  The Guardian reported on one Texas woman who battled for years to get her charges dropped — she was ultimately successful.

Whenever you have any type of complex DWI case, it is important to have an experienced DWI defense lawyer to help determine the best course of action.

Call Joseph LaBella & Associates today at 800-395-5951 or visit www.texas-dwi-lawyers.com to speak with a Houston DWI defense lawyer. Serving Harris County, Montgomery County, and communities along Interstate 45 through The Woodlands and Conroe.

In the state of Texas, a driver who refuses to take a blood or breath test after a DUI arrest can have his license suspended for between 90 days and two years. The Texas Department of Public Safety also warns motorists that they can face a 90-day to two-year license suspension if they submit to a test of their blood-alcohol concentration and their BAC is .08 or higher.

A DUI defense lawyer knows that a suspension of your license can cause significant hardship. You have the right to challenge the license suspension. However, you have only a limited period of time in which to request a hearing to try to save your ability to drive. You should talk to a lawyer right away so you don’t miss the deadline and so you can prepare an argument for why you shouldn’t lose driving rights.

Administrative Suspensions Based on Illegally-Obtained Evidence?

While implied consent laws require that you submit to a breathalyzer test when police have reason to believe you are impaired, these laws require that a law enforcement officer have probable cause. Police must have a legitimate reason for pulling you over as well as a reason for asking you to take the BAC test. Otherwise your Fourth Amendment rights may be violated.

Recently, one case in North Carolina addressed what the rules are for an administrative license suspension when evidence is obtained in an illegal search. The North Carolina case arose out of a traffic stop in 2013.

A phone call had been made to police alerting them to the fact that a blue Ford Explorer was weaving and driving erratically. A law enforcement officer subsequently pulled over a woman who was driving a blue Ford Explorer. The officer did not actually see the driver weaving or doing anything wrong. During the time when the officer observed the motorist, she was driving fine and there was no justification for stopping her.

While stopped, the officer asked her to submit to a field sobriety test on the basis of allegations that she smelled like alcohol. She did not pass and was asked to take a BAC test after a DUI arrest, which she declined to do. This triggered a license suspension under the implied consent laws.

Her DUI case was subsequently dismissed because the illegally obtained evidence could not be used since the traffic stop was not legitimate. Although the criminal case against her was dismissed, her license suspension still remained in effect. She went to court, which ruled that the DMV couldn’t consider evidence that was obtained in violation of her rights. However, the DMV argued that the exclusionary rule preventing the use of the evidence in criminal court didn’t apply to the administrative suspension. The North Carolina appellate court agreed with the DMV.

The result essentially means drivers in North Carolina can have their license suspended based on an illegal traffic stop. This is a troubling example of how Fourth Amendment rights are being curtailed and defendants are suffering as a result.

Call Joseph LaBella & Associates today at 800-395-5951 or visit http://www.texas-dwi-lawyers.com/ to speak with a Houston DUI defense lawyer. Serving Harris County, Montgomery County, and communities along Interstate 45 through The Woodlands and Conroe. 

After you are charged with driving under the influence in Houston, Harris County, Montgomery County, and surrounding areas, there are a number of different potential defenses that you could raise in order to try to avoid being convicted of these serious charges. A DUI defense lawyer can review the circumstances of your arrest and help you to determine what types of arguments may be most effective in order to help you avoid conviction.

Some lawmakers are considering added a new possible defense to DUI charges. This defense would allow people to justify the decision to drive while impaired if they needed to do so in order to protect their safety. This could provide important protections to people who drove while impaired because they had no other choice but to get behind the wheel after having consumed alcohol.

Proposal Could Allow a New DUI Defense

According to MPR News, bipartisan legislation is pending in Minnesota that would provide protection for people who drive impaired because their physical safety is at risk.

The legislation arose out of the case of a woman who was forced to drive while impaired because she was at risk of domestic violence. The woman had a fight with her husband in a cabin that the couple was sharing and she was afraid that she would be injured. As a result, she had no choice but to get in the car and drive a mile to safety despite the fact that she had consumed too much alcohol at dinner and she was over the legal limit.

Although her safety was at risk, she still had her driver’s license revoked under implied consent laws. The case went all the way to the Supreme Court, and a divided court upheld the revocation because there is no provision under state law that permitted her to use the risk to her safety as a defense in the civil proceeding against her. The Chief Justice indicated that it would be up to the Legislature to provide protection from DUI laws for domestic abuse victims. The new proposed bill is an effort to provide this protection.

The legislation adds a defense of necessity, and gives people accused of impaired driving the right to argue that the fear of serious injury could override the state’s right to revoke a driver’s license for driving drunk.

If the law passes, this could provide protection not only for people who drive because they are at risk of domestic violence but also in other situations as well, such as if a bar fight occurs and you need to leave the scene to avoid being injured.

The new law, if passed, will be specific to the state. However, the defense of necessity has been accepted in varying degrees throughout the United States among defendants accused of drunk driving. In Texas, Sec 9.22 addresses the defense of necessity. Necessity is a defense if you reasonably believe your actions are necessary to avoid imminent harm; the urgency of avoiding the harm outweighs the harm that the law seeks to prevent; and a legislative intent to exclude a necessity defense does not plainly appear.

An experienced DUI defense lawyer can help those who have been accused of driving under the influence to determine if they can raise a necessity defense in their particular case.

Call Joseph LaBella & Associates today at 800-395-5951 or visit http://www.texas-dwi-lawyers.com/ to speak with a Houston DUI defense lawyer. Serving Harris County, Montgomery County, and communities along Interstate 45 through The Woodlands and Conroe. 

In Houston, TX, you can be arrested if you have a blood alcohol concentration exceeding the legal limit, which is set at .08 BAC. However, you can also be arrested for impaired driving even if you are not over-the-limit on alcohol. If you have drugs in your system, or a combination of alcohol and drugs, then you can find yourself charged with an impaired driving offense. A DWI arrest can lead to the loss of your driver’s license, a criminal record and potentially a requirement to complete a mandatory drug counseling program.

A DUI defense lawyer can provide you with legal representation in both drunk driving and drugged driving cases. Recently, the National Highway Traffic Safety Administration published a report indicating that there are fewer drunk drivers on the road than in past history but that the number of drugged drivers is increasing. As more evidence comes to light that there has been a shift in who is driving impaired, law enforcement practices are shifting to ensure there is sufficient focus on identifying drugged drivers. This can mean a greater crackdown on people who may have potentially used marijuana or other drugs before getting behind the wheel.

Drugged Driving is On-the-Rise

Over the past 40 years, the NHTSA has conducted five roadside surveys of drivers. These surveys are set up as road blocks, and drivers are given plenty of warning that a road block is upcoming. Motorists who go through the road block have their BAC tested and can be tested for drugs in their system. If someone does turn out to be impaired, he is not arrested. The data on impairment is collected anonymously in order to get a better understanding of how many people are drunk or high behind the wheel at any given time.

The reports from the most recent national roadside survey have been released and they show that there has been a 30 percent decline between 2007 and 2014 in the number of people with a BAC above the legal limit. Just eight percent of motorists were found to have any alcohol in their system and just one percent were found to be over-the-limit. Compared with the first NHTSA roadside survey that was performed in 1973, this was an 80 percent drop in the number of people driving under the influence of alcohol. This low number shows the effectiveness both of public education campaigns organized by groups like Mothers Against Drunk Driving, as well as the aggressive policing of drunk drivers.

The number of drivers who were found to be on drugs, however, has increased. From 2007 to 2014, the number of weekend nighttime drivers who had drugs in their system increased by 16.3 percent.

It is more difficult for law enforcement officers to identify drugged drivers in many cases, but as studies continue to show an increase in the number of drugged drivers, it is likely that law enforcement officers and lawmakers will begin exploring new ways to solve the problem of drugged driving.

Call Joseph LaBella & Associates today at 800-395-5951 or visit http://www.texas-dwi-lawyers.com/ to speak with a Houston DUI defense lawyer. Serving Harris County, Montgomery County, and communities along Interstate 45 through The Woodlands and Conroe.