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What Are The Best Tips to Avoid a Holiday DWI in Texas?

Fortbend DWI Arrest

Holiday parties in Texas often don’t seem complete without a few alcoholic beverages on the menu. Enjoying a glass of egg nog or cup of mulled cider in moderation is frequently considered tradition. However, the area subsequently sees a rise in arrests for driving under the influence of alcohol. 

Avoid being pulled over, charged, and found guilty of a DWI with these straightforward and easy tips. 

Have Fewer Drinks   

Calculating how much alcohol it takes you to reach the legal limit of 0.08% isn’t easy. There are inexpensive breath tests that consumers can purchase to keep in their cars, or you can download an app on your phone that helps you calculate your blood alcohol content, also called your BAC level. 

Factors that impact your BAC includes both basics like age and gender and things that change from day to day, such as what you ate, how much you ate, how “hard” the alcohol was that you consumed and how fast you drank it. 

Call a Cab If You Overindulge   

If you end up overindulging during the holidays, you’re not alone. Hopefully, you’ve planned ahead of time to have a sober driver to take you home if you don’t feel safe to drive. If not, don’t take the risk of getting behind the wheel. Instead, call a cab or a ridesharing service like Lyft or Uber. 

Know Your Rights During a Police Stop     

It’s always important to know what your rights are when being stopped or interviewed by the police. In the case of a DWI stop, this is even more important. The police officer may ask you to get out to take a field sobriety test, but it isn’t a legal requirement. It’s entirely voluntary and usually in your best interests to decline. 

Get Legal Help from a Fort Bend DWI Lawyer If You’re Arrested    

The best chance you have for a favorable verdict lies in the hands of an experienced DWI attorney. Your lawyer can assist you with gathering critical evidence and presenting it to the court in the best possible light to help decrease the chances you’ll be convicted or penalized harshly.

Call Segura & Kiatta Criminal Defense Today    

Texas takes drinking and driving penalties seriously and if you’re charged with a DWI, you face jail time, fines, and more. Fort Bend criminal defense and DWI attorneys Segura & Kiatta can help protect your legal rights, your criminal record, and your future by zealously advocating for you against drinking and driving charges. Call 281.570.6400 today for your initial consultation.  

 

By : admin | November 3, 2020 | DWI

What Happens If a DWI Court Orders Me to Go to an Alcohol Treatment Program?

Houston-Defense

An alcohol treatment program is designed to reduce recidivism or reoffense and is often included in a sentence where jail time and fines are also ordered. However, depending on the seriousness of your offense, your lawyer may be able to negotiate an alcohol treatment program in lieu of fines and/or incarceration. Here’s what you need to know. 

You Will Be Assessed 

Initially, the court will need to have a certified drug and alcohol counselor meet with you to conduct a comprehensive interview. At this time, the counselor will also review other pertinent records, including the new arrest report, any previous criminal history you have, your driving record, and chemical test results. 

A Treatment Team Will Recommend Next Steps to the Court 

After you have completed your assessment, the court will review your interview and all other pertinent documents supplied by the certified counselor. The counselor and/or their treatment team will make a recommendation for treatment, which includes where you should be treated, what kind of program is best for you, and how long it should last. 

You’ll Be Required to Go to Counseling 

Mandatory drug and alcohol counseling is nearly guaranteed if you are arrested and convicted of driving while intoxicated. You’re legally required to go to these counseling sessions, which are usually weekly and may last for months or longer than a year depending on the seriousness of your DWI. 

If You Don’t Comply, What Are the Consequences? 

Failure to comply with a drug and alcohol treatment program after a DWI can have severe consequences. In addition to not being able to get your license back until after the class has been completed, you may also be required to go back to court for a probation violation hearing. You could also be resentenced at that time with a harsher punishment.  

How a Texas DWI Lawyer Can Assist You After an Arrest 

If you were arrested and taken into police custody for driving while intoxicated, you have the right to contact a lawyer before ever speaking to law enforcement officers. It’s typically in your best interests to do just that. The outcome of your case is heavily influenced by the skills and abilities of your defense lawyer, and who you hire can truly make or break your case. 

Protect your rights, best interests, and future, by hiring an experienced criminal defense attorney at the start of your case. Segura and Kiatta today at 281.240.3941.

By : admin | July 27, 2020 | DWI

What Don’t the Police Want You to Know in a DWI Traffic Stop?

DWI-Stop-Fortbend

When you are pulled over for a traffic stop on suspicion of DWI, you have many rights that the police officer who stopped your vehicle doesn’t necessarily want you to have knowledge or understanding of. 

Here’s what the police don’t want you to know if you’ve been stopped for drinking and driving. 

You Don’t Have to Answer the Officer’s Questions 

Beyond providing your driver’s license, vehicle registration, and proof of insurance to the police, you do not need to answer any other questions. The officer will likely ask you where you were coming from, where you’re going, and whether or not you’ve had anything to drink. You do not need to answer these questions and will not face a penalty if you don’t. 

If You Do Talk to Police, It Will Likely Hurt Your Case 

If you do choose to answer police questions, it will most likely damage your case. Even if you think you are not saying anything incriminating, anything you do say can be twisted or manipulated to make it seem like you said something you didn’t. Your best bet is to remain silent and simply hand the officer the required documents to prove your identity, vehicle ownership, and motor vehicle insurance status. 

You Can Refuse a Breathalyzer Test 

Although there are automatic penalties for refusing a breathalyzer test, such as the immediate suspension of your driver’s license, this is an available option. 

You have the right to decide if you’d rather have an immediate license suspension instead of taking a breathalyzer, however, an officer can still arrest you for a DWI even if you didn’t take a breath test. That said, lack of breath test data may result in the prosecution not having enough evidence to convict you. 

You Don’t Have to Take a Field Sobriety Test 

You can also decline to submit to a field sobriety test and there are no penalties for doing so. The officer may attempt to intimidate you and suggest there are legal consequences for not submitting to the test, but this is incorrect. 

You Do Not Have to Get Out of Your Car Unless You Are Under Arrest 

If you are not actively being arrested by the police officer who stopped you, you’re not required to exit your vehicle and may choose not to. 

You Can Call a Lawyer 

You have the right to contact an attorney right away if you are arrested for drinking and driving. You do not need to wait to be charged or to make bail to call a lawyer. 

Contact Segura and Kiatta today for more information or to book your case consultation by calling 281.570.6400. 

 

By : admin | June 27, 2020 | DWI

How Can I Help My Child Fight an Underage DWI?

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Consequences Of Underage DWI

If your underage child has been arrested and charged with driving while intoxicated, they face serious consequences. If convicted, they face fines, the loss of their license, and the negative impact of having a criminal record at a young age. 

A guilty verdict can result in the loss of college admission, scholarships, job opportunities, relationships, and more. Here’s how you can help your child defend themselves against underage DWI charges. 

Zero-Tolerance for Underage Drinking and Driving in Texas 

Texas has a zero-tolerance policy for underage drinking and driving, meaning that if there is any alcohol in the driver’s system or even on their breath, the officer can make an arrest. 

Penalties for a Class C Misdemeanor 

Underage DWI is charged as a class C misdemeanor, which carries the following penalties: 

  • Fine of up to $500 
  • License suspension 
  • Community service 
  • Mandatory drug and/or alcohol counseling 

If your child caused an accident that resulted in the injury or death of someone else, they may face additional charges, such as reckless driving or manslaughter. Rarely will an underage DWI be charged alone; even if the stop was routine, your child will likely also face a traffic or open container violation. 

Potential Defenses Against Underage DWI 

Depending on the circumstances of your child’s case, there may be potential defense strategies that can increase the chances you’ll receive a favorable outcome. For example, your criminal defense attorney may be able to argue that:  

  • The breathalyzer equipment used to test your child’s blood alcohol content (BAC) level was faulty or improperly calibrated, and therefore the results cannot be considered accurate or reliable 
  • The officer who stopped you did not accurately administer breath or field sobriety testing, and therefore the results cannot be considered accurate or reliable 
  • The officer did not have probable cause to stop your child’s vehicle in the first place (e.g., your child wasn’t speeding, swerving, or displaying any driving behavior that indicated the need for a traffic stop)
  • There was another reason for failed field sobriety tests, such as a medical condition

Get Help from an Experienced DWI Defense Attorney Today 

Segura and Kiatta understand how challenging it can be for young adults to start their lives with a criminal record, and how difficult it is for their parents to watch. Segura and Kiatta can help you fight for your child’s rights and best interests, and work towards a clean record and rehabilitation. Call now for your consultation at 281.240.3941. 

 

By : admin | May 27, 2020 | DWI

What You Should Know About Being Read Your Rights During a Pullover for DWI

DWI Stops In Fort Bend

If you are pulled over for suspected DWI, this situation usually begins with the officer asking you questions such as where you were headed and whether or not you had been drinking. Even though this is an anxiety-provoking experience, an attempt to remain calm as your ability to answer these questions in a relaxed fashion can increase your chances of success and avoiding DWI charges.

Field Sobriety

If the officer asks you to submit to a field sobriety test or other testing and you do so, and this testing reveals that you may be under the influence of alcohol, you may be put under arrest for DWI. This can escalate the concerns you have about the situation and prompt you to hire an experienced Fort Bend DWI lawyer.

Miranda Warnings

Bear in mind that police officers usually will not read you your Miranda warnings if you have been stopped for a DWI offense until they have already completed the requested blood or breath test and the standard field sobriety tests. This does not mean that you don’t retain your right to remain silent. They just may not remind you of it.

Anything You Say Can Be Used Against You

If you are in your vehicle and the police officer asks if you have been drinking that night, any information that you provide, even answers to basic questions, could ultimately be used against you. If you inform them about how many drinks you have had, this information could be used to take you into arrest and to use this statement without reading your rights. These rights will still apply and you do have the right to remain silent.

Speak To An Experienced Fort Bend DWI Lawyer

One right you may wish to exercise sooner rather than later is that of speaking to an experienced Fort Bend DWI defense lawyer. The police may try to encourage you to provide as much information as possible to them but this will not be used to allow you to cooperate or increase your chances of success.

Miranda Rights

Instead it can actually be used against you and can become problematic down the road in terms of your future with your case. If your Miranda rights are not read, you may wish to ask the officer about whether or not you are under arrest and what is happening next. You do have a right to be informed in general but remaining calm and avoiding the potential escalation can assist you tremendously.

Get Assistance With You DWI Charges Today

Consulting with an experienced Fort Bend DWI lawyer is strongly recommended if you are accused of DWI because the penalties and consequences may follow you for many years to come.

By : admin | April 20, 2020 | DWI

Facing A DWI Charge In Texas?

Did you just get arrested for a DWI?

Do not feel like you are all alone. After getting arrested for something like this, I am sure a lot is going through your mind. Things like; embarrassment, confusion, stress and a sense of overwhelming blur on what to do next. We are here to help guide you through the Texas DWI process. We will aggressively defend you against charges in Fort Bend and the surrounding communities.

Are you afraid of ruining your record?

We understand the stress that you may be feeling at this moment and the concern about how this will change your life. When facing a DWI in Texas, the impact of this mistake can affect every aspect of your life, i.e, your employment status, education and ultimately the livelihood of you and your family. At Fort Bend DWI we are dedicated to giving you the best outcome possible by getting ahead of your defense as soon as possible. We gather your records and review the case that the prosecution has against you in order to determine the best possible defense strategy.

 

Will this affect your work-life if you are a driver?

Those who require a valid driver’s license for the purpose of employment may be harshly affected by the strict DWI Laws in the state of Texas.  The likelihood of a DWI affecting your work as a driver is high however, there may be some mitigating factors that can allow for leniency in terms of hardship applications.  No two DWIs are the same. Do not think that because there may not have been a positive outcome for someone else that you fall into the same end. Likewise, a harsh penalty applied to another may not apply to your case at all. 

Do not think you have no other options other than to settle for a plea deal. We are here to improve your outcome. Before you decide that the easiest way forward is to agree to a plea deal, understand that the strength of the case against you is not determined by the prosecution, an experienced defense attorney will question every element of the state’s case including, breath alcohol equipment, maintenance of said equipment and more.

First-Time DWI Dismissal In Texas

In Texas those with a DWI on record for the first time usually get their license suspended, get fined and/or serve jail time. There are some short term ramifications and some long term, life-altering ramifications. Why would you leave those options to chance?  Depending on the case against you, if a dismissal is not an option, we will fight for alternative options like a drunk driving course, alcohol or drug rehabilitation, sober living, electronic monitoring etc. 

 Get Help With Your Fort Bend DWI Charges Today

Do not attempt to negotiate your charges on your own, DWI is a serious crime in Texas and requires a serious defense. Call Fort Bend DWI Lawyer Segura at (281) 240-3941 to schedule your FREE consultation. 

 

By : admin | March 25, 2020 | DWI

Texas DWI and License Suspension

What Happens To My Drivers License?

One of the most common questions drivers ask when facing DWI charges in Texas is how will a DWI arrest or conviction affect my driver’s license? This is an important question because losing your driving privileges can cause enormous disruption to your life and daily routine.

Risk Of License Suspensions In Texas

Following an arrest for DWI, the Texas Department of Public Safety will open a civil case to determine if your driver’s license should be suspended. You are at risk of a suspension if you either: took a breath or blood test resulting in a BAC reading of .08 percent or higher or you refused to submit to a breath or blood testing.

At the time of your arrest, the police officer most likely confiscated your license and issued you a temporary driving permit or “notification of suspension” which is valid for 40 days. The suspension will go into effect on the 40th day.

Prevent An Automatic License Suspension

To prevent an automatic suspension of your license, you must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest.

*It is recommended that you have a DWI attorney request the hearing.

How Long Will My License Be Suspended? 

You have the right to refuse the portable breath test when you are pulled over but you must submit to a breath or blood test at the police station. Refusing to take a chemical test after an arrest will result in a longer suspension period than failing a breath test.

  • Adult DWI with BAC over .08 percent
    • First offense: 90-day suspension
    • Second offense occurring within 10 years of first offense: 1-year suspension
  • Refusing a chemical test
    • First offense: 180 day suspension
    • Second offense occurring within 10 years of first offense: 2-year suspension
  • Under 21 DWI with BAC over .08 percent
    • First offense: 60-day suspension
    • Second offense: 120 days suspension
  • Under 21 refusing chemical test
    • First offense: 6 months suspension
    • Second offense within 10 years: 2-year suspension

What is an Administrative License Revocation hearing? 

An ALR hearing is a hearing presided over by an administrative law judge (ALJ) at the State Office of Administrative Hearings (SOAH).  It can take four weeks to 120 days for DPS to schedule a hearing date. You will maintain your driving privileges during the interim period.

Role of a DWI Attorney at an ALR Hearing

It’s important to have a DWI attorney represent you at this hearing because they can subpoena the arresting officer to appear in person. They can then cross-examine the officer under oath to poke holes in their case and challenge their testimony. Issues that will be discussed at the hearing may include:

  • whether the officer had reasonable grounds to pull you over or arrest you
  • whether there is probable cause to believe that you had been driving or was in actual physical control of your motor vehicle while under the influence of alcohol
  • whether the officer violated your rights
  • whether you were given an opportunity to provide a BAC sample and was told both orally and in writing that there would be consequences if you failed to comply
  • whether the testing was conducted improperly
  • lack of evidence

ALR Judge

An ALR judge will listen to the evidence and either throw out or authorize the automatic license suspension. If the judge rules against you, you may be able to petition for a hardship license to enable you to drive for a set number of hours every week. Even if the ruling doesn’t go in your favor, many of the facts will be preserved on the record which can then be used to defend you and help you avoid a conviction at trial.

Get Help With Your DWI Case

If you or a loved one are facing DWI charges, you need an experienced Texas DWI Attorney. Call or contact our office today for immediate assistance.

 

By : admin | February 18, 2020 | DWI

Should I Perform Field Sobriety Exercises?

Texas Field Sobriety 

Being pulled over by a police officer in the state of Texas is an unnerving experience, especially if you suspect the officer believes you are under the influence of alcohol or drugs. Because of the potential consequences associated with being convicted of DWI, many people have questioned whether or not they should perform the field sobriety exercises.

Law Enforcement Field Sobriety Instructions

The officer may ask you to exit your vehicle and complete field sobriety exercises in order for him or her to determine whether or not you may be under the influence of alcohol. Whether or not you perform these field sobriety exercises, depends on how you feel at the time. If you have not been driving dangerously, it should not be an issue to avoid the field sobriety exercises.

No Mandate At Present To Compel you

Current laws in Texas do not mandate that you do the exercises for the police under any circumstances. Keep in mind that there may be penalties for refusing to take part in the testing. Two of the tests for field sobriety involve your balance. One involves you standing with one foot immediately in front of the other taking nine steps forward and then returning. The other common balance test used in the Texas field sobriety test requires you to stand with one of your legs raised six inches off the ground for a minimum of 30 seconds.

Consider Your Physical Health And Abilities

You should consider your own balance or physical limitations before you attempt these exercises as any mistakes or difficulty completing them could lead the officer to think that you are under the influence of alcohol. Standard field sobriety tests may include a heel-toe walk, standing on one leg and an eye test. These are difficult to do perfectly on the first try even under the best of conditions. Which is to say nothing of the fact that you are likely extremely nervous when you are talking directly to the officer.

Remain Cordial And Cooperative

In these situations, try to remain calm. If you are placed under arrest for driving under the influence, you need to consult with an experienced attorney immediately to protect your rights. It can be overwhelming and unnerving to find yourself in this situation but taking positive actions to protect yourself is important.

Get Help With Your DWI Case Today

Call or contact our office to learn more about how we can help and what your rights and responsibilities are.  If you are charged with a DWI related driving offense, it’s best to get ahead of your charges as early as possible.

By : admin | January 20, 2020 | DWI

Can You Get a Prescription Drug DWI?

The term DWI, or “driving while intoxicated,” is typically associated with alcohol impairment.

However, DWI charges are not limited only to alcohol as a source of intoxication. Prescription drug DWIs are becoming more common in Texas, begging the question — can you get arrested for driving after taking medicine prescribed to you? Here’s what you need to know. 

Were You Impaired? 

Generally speaking, the degree of impairment is considered before its cause. Whether or not an officer can prove you were drinking after a traffic stop is irrelevant; if the officer believes you are impaired by any substance or otherwise unable to safely operate a vehicle, they have the right to make an arrest. 

How Prescription Medication Impairment is Measured 

Because a breathalyzer cannot test for the presence of drugs, the following tests are usually used to evaluate how intoxicated a driver is after a traffic stop: 

Field Sobriety Testing 

Field sobriety testing is one of the most commonly used tests to detect impaired driving by any substance. These tests are meant to assess balance, coordination, and the ability to follow instructions. If you do poorly on the tests, you are likely to be charged with a DWI. 

Roadside sobriety evaluations are notoriously inaccurate though, and many people who aren’t under the influence of any substances fail. You are not legally required to submit to field sobriety tests and it’s usually in your best interest to decline. 

Officer Observations 

When you’re stopped by a police officer, they’re constantly observing and evaluating your behavior for signs of impairment or criminal activity. If an officer observes slurred speech, marked drowsiness, bloodshot eyes, and other hallmarks of drug use, this can be enough to make an arrest. 

Blood Testing 

After your arrest, you will likely be transported to the police station or a medical facility where you can submit to chemical testing, usually in the form of a blood draw. You can decline chemical testing as well, but this is usually not in your best interest. The result is an automatic license suspension and refusing a blood test may not look the best to a judge and jury. 

Charged with Drugged Driving? Call a Lawyer Now 

If you were arrested and charged for driving while intoxicated by prescription medications, it’s important that you reach out for legal advocacy as soon as possible. Your rights, reputation, and relationships are on the line. Protect your future with the help of Fort Bend DWI lawyer Anthony R. Segura. Call now for your consultation at 281.240.3941. 

By : admin | December 26, 2019 | DWI

If I’m Arrested for a DWI, What Information Do I Have to Give Police?

Were You Arrested For Driving While Intoxicated?

If you’re arrested for driving while intoxicated, there’s certain information that you must provide to law enforcement officers. However, many people misunderstand exactly what they have to disclose and what is voluntary information that may be used against them. Here’s what you need to know about your rights after a DWI arrest and what to do next. 

Your Identifying Information 

If you are stopped by a police officer in any state in the U.S. and are asked for your identification, you must provide it. You do not have to be suspected of committing a crime, however, most law enforcement officers aren’t spending their time doing random identification checks on the sidewalk. 

However, this does mean that you cannot decline to provide your identifying information or withhold it in any way, which generally includes your name, birth date, and address. 

Your Registration and Proof of Insurance 

As standard in any motor vehicle stop, whether for suspected drunk driving or another infraction, you must provide police with proof of insurance and registration. However, if you do not have these, you are generally only issued a ticket, which may be dismissed if you are able to show proof that you did have insurance coverage and your car was registered on the date you were stopped. 

Your Blood Alcohol Content 

Under implied consent laws, which are signed and agreed to when you get your driver’s license, you must submit to a blood alcohol content (BAC) test if requested. While you can technically decline to do so, you will receive an automatic license suspension. 

Typically, it is your best interest to abide by implied consent and submit to a blood, urine, or breath test as requested. You may be able to request a certain type of test — e.g. a blood test so split testing can be done and your attorney can send one blood sample to an independent lab of your choice. 

What Information Can You Withhold? 

The above two categories of information are all that you are legally required to provide when you are arrested. You do not have to provide any other information, although law enforcement officers will often use intimidation tactics to make you believe you legally have to answer their questions. 

You can, and generally should withhold information from law enforcement officers about: 

  • Where you came from 
  • Where you’re going 
  • When you last had a drink 
  • If you’re intoxicated 
  • If you’ve been using drugs 
  • If you have drugs in the car 
  • If you know why the officer pulled you over 

Contacting a Fort Bend DWI Lawyer 

Don’t wait to reach out to an experienced Texas criminal defense attorney if you were charged with driving under the influence of alcohol. Anthony R. Segura has extensive experience working with individuals charged with DWI and other crimes and works hard to clear their names. Call today for a consultation at 281.240.3941

By : admin | November 25, 2019 | DWI
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