When you are cited for driving while intoxicated, you face a number of consequences. For example, an automatic license suspension can go into effect. You also face criminal charges and may be convicted, fined and jailed. One common question that people have, however, is what happens if you are arrested for a DWI in a different state? After all, each state issues its own driver’s licenses, so many people aren’t sure how an out-of-state DWI will impact their license in their own state.

Our Texas DWI lawyers believe it is important that everyone is aware of the consequences of a DWI when visiting another state. Throughout the U.S., the states have come together to create reporting programs and to exchange information about DWI offenders. These cooperative efforts ensure that a person who drives drunk when he is out of his home state will still face consequences upon returning home. As such, it is just as important to avoid driving drunk out of town and just as essential to take an arrest seriously if it happens someplace other than the state where you live.

Interstate Consequences of a DWI

There are two different enforcement systems in place to ensure that a person convicted of a DWI faces consequences in his home state: the Driver’s License Compact (DLC) and the Nonresident Violator Compact (NRVC). Forty-five states are current members of the Compact, including Texas. A map of the states that participate in the DLC and NRVC can be found on the website of the National College for DUI Defense.

If you are convicted of a DWI, the Driver’s License Compact mandates that the state where you are convicted must relay the information about your offense to your home state. This means that if you are convicted anywhere outside of Texas, news of the conviction will reach Texas. When the home state receives information about your conviction, it takes action against your driver’s license according to its own rules. Once Texas learns of your conviction, therefore, your license will be suspended for the required length of time depending upon whether you have any previous DWI convictions.

The DMV in the state where your offense occurred may also suspend your right to drive within that state. This is not, however, the end of the consequences, and the suspension does affect your rights at home. In all 50 states, your suspension is entered into a registry of drivers with suspended licenses. When you apply for a new license or you try to renew your license, every state is required to check the registry. This means that no matter where you go, whether you go back to Texas or move to a different state entirely, your license suspension will be on the record and your license will be denied if your out-of-state suspension is active.

Because of these different rules, it is very important to take out-of-state DWI charges just as seriously as you would if you were arrested in your home state.

You need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951 today for your free consultation. More than 20 years experience.

In Texas, it is illegal to drive with a blood-alcohol content (BAC) of .08 or higher. For younger drivers under the legal drinking age, zero-tolerance rules impose penalties with a BAC of .02 or higher. Commercial drivers also have a lower maximum BAC and can face consequences if their blood alcohol content exceeds .04. In addition to these general rules, Texas also imposes enhanced penalties upon any driver with a blood-alcohol content level of .15 or higher.

Because your BAC is such an important determining factor under Texas DWI law, it is important to have some idea of how many drinks will cause you to exceed the legal limit. The way in which alcohol affects your blood-alcohol content can vary based on a number of different factors including your weight, how long the alcohol metabolizes in your body, your metabolism and your gender. Medications that you take can also affect the way in which your body processes alcohol.

Even a simple choice about whether to mix a drink with diet soda or regular soda can affect your BAC. A recent study found that diet soda mixed with vodka resulted in breath alcohol concentrations that were 18 percent higher after 40 minutes, compared to people who drank a regular soda mixed with the same amount of vodka.

For all of these reasons, it can be difficult to get an accurate estimate of how much you can drink before you are over the legal limit. Despite the challenges, however, our Texas DWI lawyers believe that it is important that you have some idea of how drinking will affect you and of how much is too much to drink.

Estimating your Blood Alcohol Content

Because different types of drinks have differing amounts of alcohol in them, it is important to first understand the alcohol content of varying types of drinks. For example:

• One ounce of 80 proof spirits is generally considered to constitute one drink.
• A three ounce glass of wine has an ounce of eighty proof spirits and is considered one drink.
• An eight ounce glass of five percent beer has an ounce of eighty proof spirits and is considered one drink

Using this information, the National Council for DUI Defense provides a table that allows you to estimate your BAC based on the number of drinks consumed, your weight and your gender. The table is available on its website and reveals, for example, that:

• A 100 pound man who has two drinks over the course of one hour would likely be at the legal limit of .08.
• A 200 pound man who has five drinks in an hour would likely be at the legal limit of .08.
• A 100 pound woman who had two drinks in an hour would be over the limit with a BAC of .09.
• A 200 pound woman who had four drinks in an hour would be slightly over the limit with a BAC of .09.

With football season upon us, sports fans every weekend will gather in front of the television with friends and family to catch a game or two. As your guests get together for exciting game action, our Texas DWI defense lawyers want to remind you to play it safe.

Having food on hand is half the battle in avoiding a DWI as you or your guests head home after the game.

The Texas Department of Transportation earlier this month announced the implementation of a program called P.A.S.S., or Person Appointed to Stay Sober, just prior to the Texas Tech-Texas football game. Karen Peoples, TxDot’s public information officer, reported that drinking and driving on football game days is actually increasing.

She stated that approximately 1,400 DWI crashes in Texas occurred on game days. This accounts for six percent of the total DWI crashes in the state throughout the year. Considering that a regular NFL season is 17 games, that’s only 4.5 percent of the year.

Further, TxDot reports that 45 percent of Texans report drinking alcohol while at football parties, and then driving home afterward. Another study conducted by the University of Texas indicates that football game days are among the heaviest of the year for alcohol consumption.

Primarily, the most DWI arrests are occurring in Dallas/Fort Worth, Houston, Austin, El Paso, San Antonio and the Rio Grande Valley.

In 2009, the Houston Chronicle reported that Harris County had the highest alcohol-related traffic deaths in the country for areas of our size. The district attorneys office reported that with 3.9 million residents, the county files about 10,000 DWI cases each year.

It’s important to note that many of these cases involve first-time offenders. With the help of an experienced Texas DWI lawyer, many defendants can apply for a pretrial diversion in lieu of a conviction. These pretrial diversions often include alcohol abuse or dependency treatment.

Unfortunately, the district attorney’s office also reported that many of those arrested are simply pleading guilty, serving jail time and then paying the steep fines, rather than trying for the diversion.

The problem with this is that DWI remains on your permanent record, resulting in higher insurance rates and acting as a possible impediment to landing certain jobs in the future.

Plus, you’re giving up on the possibility that an officer mistake may be enough to have the charges dropped altogether.

Getting a good lawyer in these cases is key, but it’s best to avoid the situation altogether if you can.

If you are the host, part of that is being responsible and looking out for the interests of your guests. Keep these tips in mind for this weekend’s game, and all your other future football celebrations:

1. Keep plenty of food on hand. Food helps to soak up the alcohol. Make sure you have appetizers and snacks on hand as well for guests to munch.

2. Stop serving alcoholic beverages at least an hour or two before the party ends. This isn’t a guarantee your guests will be sober, but it can certainly help. Consider serving coffee and desert as you wrap it up.

3. Pay attention to your guests. If one appears to have had too much to drink, either offer to drive home (assuming you are sober) or call a taxi. Do not allow them to drive.

You need an experienced, aggressive Texas DWI lawyer. Call 1-800-395-5951 today for your free consultation. More than 20 years experience.

With football season and the year-end holidays comes an increase in drunk driving enforcement, and a corresponding increase in the number of marginal or unfair arrests.

An experienced Houston DWI lawyer understands that simply being arrested does not mean someone is guilty. Unfortunately, for those who fail to take it seriously, a conviction can result in jail time, driver’s license suspension, hefty fines and court costs, and even job loss. Nationwide, the cost of a conviction is often $10,000 or more, including skyrocketing insurance premiums. Seeking professional legal advice in the aftermath of arrest is the first crucial step.

Whether college or pro, the link between football and DUI is real. A study by the University of Colorado found a 76 percent increase in alcohol violations on game day in college towns and a 13 percent increase in drunk driving accidents. Football leads us into the year-end holiday driving period — which is the most dangerous time of the year on our nation’s roads. Authorities typically respond with targeted enforcement efforts and more manpower. Here in the Houston area, this means “no refusal weekends.” In some cases, that can result in inexperienced officers making arrests, or older officers typically responsible for inside jobs. In some cases, even voluntary or auxiliary officers may be involved. Enforcement efforts may also place unrealistic expectations on law enforcement, thus leading to probable cause violations and marginal or unfair arrests.

Knowing your rights is important. You have the right to remain silent and to refuse roadside sobriety tests, including hand-held breathalyzers. And you have the right to refuse a blood sample without a warrant. Under Texas DWI Law, if you take the breath test and fail (test over .08) or if you refuse to take the test, the state’s Administrative License Revocation (ALR) process will attempt to suspend your driver’s license. While the officer at the scene may take your driver’s license for refusing a breathalyzer, a temporary permit will be issued good for 41 days.

Within 15 days of arrest, a driver can request a hearing to challenge license suspension – your defense attorney can explain in more detail. Failure to do so can result in a suspension of 6 months. For a second or subsequent refusal within 10 years, an automatic two-year suspension may be applied to those who fail to assert their legal rights to a hearing. You want an attorney who will know the ALR process and help you keep your license.

A third DWI in Texas is a felony offense punishable by 2-10 years in prison and a fine of up to $10,000. Felony DWI charges must always be handled by experienced legal counsel.

The truth of the matter is there are many ways to fight a DWI arrest. The experience and training of officers, the reliability of the breathalyzer test, probable cause for the traffic stop and the results of field sobriety tests. With the legal and social consequences of a drunk driving conviction growing more serious with each passing year, keeping a DWI conviction off your permanent driving record can save you time, money and headaches for years to come.

You need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951 today for your free consultation. More than 20 years experience.

Drunk driving laws in Texas are among the toughest in the nation. If you are convicted of DWI, your whole life can be turned upside down. A conviction may affect your job, your reputation, child custody issues and your driving privileges. With so much at stake, you don’t want to risk going into court on your own. You will need the best DWI attorney in Texas to handle your case. It’s important to find the right lawyer for your DWI arrest promptly. A delay may affect your legal rights.

A qualified DWI lawyer in Houston can represent you and work hard to help you get the results you need to get on with your life. A drunk driving conviction can lead to a jail sentence, costly fees and penalties, increased insurance rates, and a loss of your driving privileges.

Even people who are arrested for their first DWI offense can face serious consequences. Whether it’s your first offense or you have been arrested in the past, you should not hesitate to contact the best attorney you can find. Some people make the mistake of settling for the lawyer who charges the lowest fee. They may regret that decision, as the attorney may not provide thorough and aggressive representation. A DWI case may involve a lengthy investigation as well as expert witnesses who can testify on behalf of the person charged with drunk driving. Be sure to find a lawyer who is not going to have you enter a guilty plea to your charge because that is your “best option.” You need to fight the charge and have an experienced lawyer who is willing to go the distance.

A drunk driving arrest can be a frightening experience. Your future is uncertain, as you face the possibility of expensive fines and even a jail sentence. One of the wisest decisions you can make is to contact a lawyer as soon as possible after a DWI arrest.

If you are arrested for DWI in Conroe, The Woodlands, Montgomery, Houston or elsewhere in Texas, contact Joseph LaBella & Associates. Criminal defense lawyer Joseph LaBella has a successful record of defending drivers charged with DWI. He has obtained dismissals and has tried more than 100 cases, with a 90 percent success rate.

You need an experienced, aggressive DWI lawyer on your side. Call 1-800-395-5951 today for your free consultation with an attorney who has protected clients’ rights for more than 20 years.