Tuesday, August 31, 2010

DWI Texas Law

The state of Texas has a .08 blood alcohol concentration limit for intoxication. However, a driver may be issued a citation for impaired driving due to alcohol or drugs regardless of the amount of alcohol. Impairment can begin with the first drink. Depending on body weight, gender, and the food in one's stomach, a person's tolerance varies. In general, women, smaller people, and younger people do not have high tolerances.




Once you are stopped, you will be asked to take a blood or breath test. You can deny. However, you will then be automatically subjected to a 180 day driver's license. In the state of Texas, punishment for DWI depends on the number of previous convictions.



For a person's first DWI offense, they will spend between 72 hours and 180 days in jail. In addition, they are subject to fines up to $2,000 and their driver's license will be suspended for a minimum of 90 days and a maximum of a year. A second offense carries a possible fine of $4,000. An offender will spend between a month and a year in jail. Their driver's license will be suspended for a maximum of 2 years. If a person is convicted of DWI the third time, they face up to 10 years in prison, a $4,000 fine, and a driver's license suspension for up to 2 years.



If you are found in possession of alcohol and are under 21, the following will occur on the first offense: 30 day driver's license suspension, 8 to 12 hours of community service, alcohol-awareness classes and a fine of up to $500. If a second or third offense occurs, the driver's license can be suspended 180 days. If the offender is above the age of 17 they face a maximum of $2,000 in fines and 180 days in jail for the third offense.



If you are under the legal drinking age of 21 and are drinking and driving, the following will occur: 60 day driver's license suspension, $500 fine, 20 to 40 hours of community service, an alcohol awareness classes. Penalties increase with subsequent offenses.



The state of Texas has a zero tolerance rule. That means an individual under the age of 21 cannot possess any alcohol in their blood. The above consequences will occur if the amount of alcohol is very minimal. If the BAC is .08 or greater and the individual is 17 they face up to 180 days in jail.



If you are facing DWI charges contact, contact http://www.dwi-lawyers-austin.com for legal help.



Joseph Devine



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DWI Attorneys - Getting an Attorney For a DWI

Drinking and Driving is the act of operating or driving a vehicle while under the influence of alcohol and drugs to the extent that both mental and driving skills are impaired. It is illegal in all jurisdictions within the United States. The specific criminal offense is usually called driving under the influence or operating while intoxicated.




Every Day people are charged with a DWI or DUI (drunk driving) and have never been in trouble with the law before. They don't know what to expect or how to find help. Many individuals may not understand that immediate action is needed to save their drivers' license. Losing a drivers license can make a persons life extremely hard. In this case many people may look towards getting an attorney



Getting Your License suspended or revoked normally follows conviction for alcohol-impaired driving. Under an administrative license suspension, licenses are taken before conviction when a driver fails to refuse to take a chemical test. Because administrative license suspension laws are in a different category than criminal procedures and are invoked right after you are arrested, they've been found to be a lot more effective than the usual post-conviction sanctions. Administrative license suspension laws are in place in 41 states including District of Columbia.



Making the right decision about a Drinking While Driving attorney can affect your life many years down the road. DWI Attorneys [http://austindwilaywer.blogspot.com/] focus on fighting aggressively for your individual rights and making sure that you receive the highest level of representation. Facing a DWI charge is difficult, but definitely worth talking to someone about.



If you would like to read more about Austin DWI Attorneys. The Author has created a website for them, to visit the website click here [http://austindwilaywer.blogspot.com/].



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Drunk Driving Statistics - Fact Or Fiction?

Every 30 minutes, another person is killed by a drunk driver - so says one set of dramatic statistics often cited by anti-alcohol activist groups like Mothers Against Drunk Driving (MADD). No doubt such a statistic should and does make an impact on anyone who hears it. Drunk driving is not a laughing matter, and it is most definitely a serious issue - however, the situation may not be nearly as grim as some make it out to be.




There's a saying that 90% of all statistics can be made to say anything, 50% of the time. While this statement is obviously an exaggeration, it contains a grain of truth - statistics are not nearly as scientifically sound as many people would like to believe. In many cases, statistics become skewed (whether intentionally or unintentionally) and communicate a message inconsistent with the reality they are meant to depict. Could something like this happen in DWI-related research?



Alcohol-Related Incidents



If you believe the popular media, about 50% of all traffic fatalities are caused by the actions of people driving drunk. If you choose to find the truth yourself, you'll probably come up with a percentage closer to 10%, according to the National Motorists Association - a significant drop, to say the least.



Why is the popularized figure so far off? One cause is an unfortunate confusion involving the term "alcohol-related incident." In most cases, any traffic fatality in which someone involved has a measurable amount of alcohol in their system qualifies as an "alcohol-related incident."



This applies even if the person with alcohol in their system was not physically or mentally impaired by alcohol in anyway, if he or she was not the cause of the accident, or even if he or she was an innocent pedestrian who was not behind the wheel at all. That is to say, if a sober driver is driving recklessly and kills a non-impaired pedestrian with a blood alcohol concentration (BAC) of .01 (the legal limit is .08, for comparison), the incident will be classified as alcohol-related and spread over the media by special interest groups and politicians.



Politicization of the Issue



Unfortunately, efforts to actually deter drunk driving have been hindered by the sensationalist approach of the popular media, the single-minded crusade of biased interest groups, and the general politicization of the topic. Because dire DWI statistics make good news, promote interest groups' narrow-minded agendas, and make for dramatic political speeches, they are often preferred in place of the truth.



Although the original goal of organizations like MADD (that is, the goal of preventing drunk driving) is a noble one, this goal has been perverted, becoming more about highly visible and politically attractive actions (sobriety roadblocks and checkpoints, for example) than about solutions which have been scientifically proven to work.



For more information about the truth behind DWI, visit the website of Austin DWI lawyers Morales & Navarrete at http://www.dwi-lawyers-austin.com.



Joseph Devine



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