Many people arrested for alcohol-related driving offenses see breath test evidence as infallible. This is a common misconception. In reality, a breath test over the legal limit can be challenged in several ways. Breath test evidence can be highly unreliable and inexact, and can be successfully attacked by an experienced DWI attorney.
One reason breath test evidence is susceptible to attack is that breath test machines are prone to error. Just this week, the City of Philadelphia announced that improperly calibrated breathalyzer machines – similar to machines used in Texas – gave inaccurate readings in at least 1,147 cases. The mistake was brought to light by an attentive criminal defense attorney, and the Philadelphia District Attorney’s Office has said anyone affected can request a new trial. A similar scandal involving the breathalyzer machines occurred in Washington last year.
Issues like these underscore the importance of hiring an experienced DWI or DUI criminal defense attorney if you are ever charged with an alcohol-related offense. The lawyers at Scheiner Law Group are experienced trial lawyers who understand the subtleties behind the science of breath testing.
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1. If you are arrested for Driving while Intoxicated, your Texas driver’s license will probably be suspended.
2. You have only 15 days from the date your Texas driver’s license is suspended to request an Administrative License Revocation (”ALR”) hearing.
3. The ALR Hearing allows you or your attorney to contest the suspension of your driver’s license.
4. A Houston Criminal Defense Attorney who specializes in DWI cases can request the ALR hearing for you and also handle your Driving while Intoxicated case at the Harris County Courthouse.
5. Even if your license remains suspended after the ALR hearing, you may still be eligible to request and receive an Occupational Driver’s License, which would allow you to drive to places like work and church, but with certain restrictions.
If you have been arrested for Driving while Intoxicated and need a defense attorney who is experienced in these types of cases, call the Scheiner Law Group, P.C.
admin Uncategorized Administrative License Revocation hearing, ALR hearing, Driving while Intoxicated, DWI, Harris County Courthouse, Houston Criminal Defense attorney, occupational driver's license, Scheiner Law Group, Texas driver's license
The terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are usually used interchangeably in every day conversation. In Texas, the legal meaning of the terms DWI and DUI are very different. A criminal defense attorney in Houston is the best person to call if you have questions about the legal meanings of DWI or DUI. DUI is often used to describe any person who has been arrested for drinking and driving. But in Texas, DUI is when a person under the age of 21 drives a car with any detectable alcohol on his breath. A person may be completely sober and show zero signs of intoxication and still be arrested for DUI. A DUI is a Class C misdemeanor and is punishable by a fine of up to $500, but there are possible driver’s license suspension problems.
DWI is more serious than DUI in Houston Texas. A citizen of any age can be arrested for Driving While Intoxicated. The first conviction for DWI is punishable by a fine of up to $2,000 and up to 180 days in jail. On top of that range of punishment, a person arrested for DWI is also facing driver’s license suspensions, surcharges, and an increase in insurance premiums. Unlike DUI, a DWI requires proof that a person has lost “the normal use of his mental or physical faculties.”
admin Uncategorized DUI, DWI, Houston, Lawyer