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Texas DUI Laws And Consequences

Most states are continually revising their driving under the influence (DUI) laws with the aim of preventing intoxicated drivers from risk-taking on Texas roads. Measures brought into force in Texas treat DUI very seriously, outstripping other states in the severity of penalties enforced on DUI offenders. If you are arrested for DUI anywhere in Texas, you should contact an experienced DUI lawyer as soon as possible. DUI is a traffic violation that could have serious consequences for you and a lawyer with specialist experience in DUI will help you to get the minimum penalty for your DUI. More here

Some of these strict measures in this state are as follows: In Texas, DWI offenders must install an Ignition Interlock Device as a condition of bond and/or probation if he or she meets certain criteria. Currently, Texas law requires an IID to be ordered as a condition of bond for all second and subsequent offenders. Since Texas is a Judicial Ignition Interlock state, the decision for how long you’ll need your Ignition Interlock is up to your judge. However, usually, first DWI offenses with a BAC of.08 or higher need an Ignition Interlock between 90 days to one year. For second offenses, it can be between 180 days to two years.

A first-time DWI charge in Texas is a Class B Misdemeanor. The penalties are:
Up to a $2,000 fine.
Jail time between 3 days and 180 days.
License suspension for up to 2 years.
DWI intervention or education program
Possible ignition interlock device

2nd Offense:
Up to a $4,000 fine.
Jail time between 1 month and 1 year.
License suspension up to 2 years.
DWI intervention or education program
Ignition interlock device

3rd Offense:
Up to a $10,000 fine.
State prison time is between 2 years and 10 years.
License suspension up to 2 years.
DWI intervention or education program
Ignition interlock device

If you have been charged with DUI you should contact a Texas DUI lawyer for a free consultation.

This Blog was brought to you by the Speeding Ticket Attorney Gordon Slade

Got Your First Traffic Ticket? Here’s How You Can Handle It

The first traffic ticket can be one of the most frightening experiences you may experience. You might be charged a speeding ticket, most probably. Speeding is speeding regardless of whether or not you are aware of the speed limit. But, remember- you need not freak out just because you have been charged a traffic ticket.

Most people do not take any action after receiving a ticket. Either they forgot all about it, or they just put it in the glove box and assume that it would disappear on its own. But, the fact is that a seemingly small traffic ticket can quickly become a major headache.

You should take proactive steps after receiving a traffic ticket.

Make payment

Be aware that you may be assigned points on your driver’s license, and your insurance premiums could rise if you don’t pay it all.

Recognize your options

After receiving a traffic ticket, there are many options. There are three options available to you after receiving a traffic ticket: You can plead as guilty, not guilty, or no contest (nolo contender). You can plead guilty or not guilty to admit that you drove too fast for the conditions. You have two choices in this situation: pay the fine and any applicable fees to the court, and allow the citation (as well as the points) to remain on your driving record. Another option is to request that the ticket be dismissed by taking a state-approved driver safety class. You must contact the court following the instructions on the ticket to let them know your intentions before the deadline.
You can fight the traffic ticket in court if you wish to plead not guilty. Texas law gives you the right to present your case to the court, with or without legal counsel, to show why the ticket was incorrectly issued. Based on the information provided, the court will decide whether to dismiss or affirm the ticket.

Is it possible to get the ticket dismissed?

Before you plead not guilty to a traffic violation, there are some things that you need to be aware of. Many factors can either increase or decrease the chance of your ticket being dismissed.

Take a look at your ticket to see what violations were listed. Did you get a speeding ticket or other violations? These are some of the most common traffic violations that can be combined with speeding tickets:

Driving without a driving license
Driving when your license is suspended or revoked
There is no evidence that you have automobile insurance.
Vehicle registration expired
The license plate has been changed

How To Defend Your Traffic Ticket

By choosing not to fight your ticket, you are effectively putting it “layaway.” You will not have to pay your ticket until your trial ends. If your case is dismissed, then you won’t be required to pay a fine.

Learn defensive driving.

Select a traffic school. Traffic schools expect you to spend at most four hours each day in the classroom.

As part of the ticket remission process for speeding offenses (and other moving violations), successful completion of the Driver Safety Course (defensive driving course) will be required. Most often, a driver safety class will be required to get your ticket dismissed. This will prevent future violations (and the points) from showing up on your driving record.

To avoid any future fees such as insurance increases, DPS surcharges, and so forth, it is essential to complete a driver safety course. Even if your ticket is dismissed through this process, you will still need to pay a court/dismissal charge. This will be in addition to the fine. To avoid any further punishment or disciplinary action, you will have 90 days from the time you submit your request to dismiss the ticket. Failure to appear at court on the scheduled date will result in the ticket being recorded in your name. In certain cases, a warrant could be issued. A defensive driving course is a smart and easy way to maintain a clean driving record. It can also help you to refresh your driving skills while you work.

Tolling and the Statute of Limitations

Tolling a statute of limitations is often very important for people involved in personal injury cases. We’ve blogged about the statute of limitations in personal injury cases before, but it’s a good idea to go over the basics. Essentially, a statute of limitations is a ticking clock that applies to your case. After you suffer an injury, you have to file your case within the amount of time specified by your state’s statute of limitations or you are prevented from doing so. With tolling, the time you have to file a lawsuit is effectively extended.

Stopping the Clock

When we talk about tolling the statute of limitations, what we are talking about is putting the statute of limitations ticking clock on pause. Tolling allows people to suspend or delay the statute of limitations time limit. Depending on your circumstances, there can be several reasons why you might be able to pause the statute of limitations and give yourself more time than you would otherwise have to file a lawsuit.

For example, minors who suffer personal injuries cannot file a lawsuit on their own. They have to have an adult guardian, parent, or some other adult file on their behalf. However, if a parent or guardian fails to file a lawsuit in time, the minor is not necessarily out of luck. This is because the statute of limitations is tolled when a minor suffers an injury.

So, let’s say a 16-year-old suffers a personal injury. The child’s parents do not file a lawsuit on behalf of the 16-year-old. A couple of years pass and the child turns 18. In this situation, the statute of limitations clock is tolled or paused and only begins counting down again after the child becomes an adult.

Tolling and Discovery

Similar to tolling is the idea that the statute of limitations clock doesn’t start running until you have discovered your injury. For example, let’s say that you had your inflamed appendix removed. During that surgery, your doctor mistakenly left a surgical sponge in your abdomen. However, you had no way of knowing that the sponge was there, and didn’t discover it until three years after your surgery.

In this situation, the statute of limitations clock won’t likely start ticking until you discover the injury. Even though the statute of limitations for medical malpractice in your state might only be two years, you can still file a lawsuit because you didn’t discover the injury until after those two years had passed.

Tolling and Your Case

Tolling is one of those issues that can sometimes be difficult to apply. Every personal injury case is different, and determining what statute of limitations applies will depend on several different factors. Additionally, knowing if the statute of limitations can be tolled, and if so, how that affects your case, is something that only an experienced personal injury attorney can help with. Even if you don’t believe you can still file a case because of the statute of limitations, you should talk to a personal injury attorney in your area for legal advice.