Beware Of The Strict Penal Provisions Of DWI Houston Laws

Getting arrested for driving in an intoxicated situation anywhere other than Texas will have you released in no time but if it is Texas then be ready to pay heavily for the consequences. Drinking and driving is a misdemeanor in Texas and the charges leveled against the convict depends on the intensity of the offense. Due to the increasing number of DWI Houston cases the laws have been framed in a well-defined and stricter manner to reduce the occurrence of such criminal activities. Generally, the Blood Alcohol Concentration (Bac) limit is considered for the imposition of penalties and charges on the convict but the permissible limit varies depending upon the type of driver arrested. If the person arrested is below the age of 21 years any amount of detectable alcohol content in the body will be considered to be an intoxicated state. For commercial drivers the permissible BAC level is 0.04 percent and for drivers above the age of 20 years have a permissible BAC limit of up to 0.08 percent. This BAC level varies depending on the number of drinks you have taken, your gender and your body weight.

IMPLIED CONSENT LAWS

Those who have earlier committed a DWI offense and had to hire a professional lawyer for the purpose must have come by the term "implied consent law" which means that when the person obtained the driving license from the Department of Motor Vehicles he/she implicitly agreed to undertake any chemical test required to be conducted by the law enforcement officials for the purpose of determining the mental and physical stability of the person in driving a motor vehicle. However, the Texas Penal Code provides a right to its citizens to refuse to submit to a field sobriety test except under certain circumstances. In such a situation only a skilled DWI Houston lawyer will be able to provide a prudent advice to his client as failing to consent with the laws of Texas can get you into serious trouble. If you have ever been caught for committing a DWI offense immediately hire professional services of a lawyer to help you successfully defend your DWI case. The laws for a second and subsequent commitment of the crime are harsher and there are high chances that you will have to heavily pay for the consequences.

COMMITTING MULTIPLE DWI OFFENSES

In most of the cases for a first time DWI offense the offender gets some type of probation but the Court can still order a jail term depending on the circumstances of the case. The state laws determine whether you will have to face jail terms for a misdemeanor offense in addition to suspension of your driving license for a certain period of time and imposition of monetary penalty. But the worst part of such an offense is that even if your sentence was probated or deferred it will remain in the official records to be used later in case of second or subsequent DWI offenses. Earlier the law stated that such a record would exist for a period not exceeding 10 years form the date of such sentence but now it has been amended to include it throughout the lifetime of the convict. Now such record can be used anytime as reference to increase the penalties or sentences for a future offense committed by the same convict. Though the laws relating to a DWI offense vary according to the state if you have committed multiple DWI charges such as conviction can be enhanced to a felony offense. The state in which you have been arrested for a DWI offense will determine whether to consider your act as a felony offense or a misdemeanor. Only because your home state considers your third time offense as a misdemeanor does not mean that other states will do the same and charge you for your offenses accordingly.

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