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Pleasanton traffic violation attorney

Traffic laws vary from state to state, and while the rules may seem relatively similar, you should understand how the consequences change as you cross state lines. Drivers who violate traffic laws can receive traffic tickets, and they may face serious fines and fees. What many people do not realize is that receiving a traffic violation can lead to more than just an expensive ticket.

Common Offenses and Their Penalties

Traffic violations come in many different forms — and so do their legal consequences. Speeding may be the first type of violation to come to mind, but drivers may face hundreds of dollars in fines and other consequences for a variety of other reasons, including driving without a seat belt, texting while driving, driving without a valid license, or failing to maintain liability insurance. Charges can become even more serious for offenses such as reckless driving or DWI, and in these cases, drivers may face license suspension or even jail time.

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Wilson County drunk driving defense attorney

It is not uncommon for drivers to get behind the wheel after having a few drinks, especially around the holidays. Rather than paying for a rideshare and leaving their car behind to be safe, individuals will often assume that their senses are not altered to the extent that restricts their ability to drive. The truth is that even when you think you are capable of driving, you may be over the legal limit. With the blood alcohol concentration (BAC) limit being 0.08 percent for Texans, even a couple of drinks can cause you to be legally intoxicated. If you see red and blue flashing lights in the rearview mirror after drinking any amount of alcohol, you could face DWI charges.

Do I have to Take a Breathalyzer Test?

Being pulled over by a police officer can be an anxiety-provoking experience. After stopping on the side of the road and waiting for the officer to come to your window, you will likely wonder how you should handle the situation. One thing to note is that in Texas, all drivers are required to submit to a BAC test if they are arrested on suspicion of DWI. This is known as the implied consent law. Every driver who has a valid Texas driver’s license agrees to give a blood or breath sample upon arrest.

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Texas DWI Defense AttorneyHoliday parties are in full swing serving your favorite spiked eggnog or toasting the night away with friends and family over many glasses of champagne. Blurred senses and decreased rational thinking usually follow, which unfortunately bring the possibility of an increased number of drunk drivers on the road.

Driving while intoxicated (DWI) and driving under the influence (DUI) are serious offenses that can damage your reputation and criminal record. Although there is never an excuse to drink and drive, here are five myths you need to debunk if you’re ever pulled over while inebriated.

Myth #1: If I don’t blow hard enough in the breathalyzer, it won’t fully read my BAC.

Failing to breathe into a breathalyzer test will only result in an officer asking you to redo the test until an accurate result is recorded. Drivers who unlawfully refuse to take the test face serious consequences. In Texas, the first offense is 180-day license suspension with up to 2 years for a third offense. It’s also important to note that breathalyzers measure the amount of chemical alcohol content in the breath not the amount in your blood. Taking a blood test is an alternate option you could make if you feel you were cheated by a breathalyzer test.

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Texas Criminal Defense AttorneyThe year is 2019 and you most likely noticed the letters "CBD" boldly labeled across the front of new shops while driving down the street or your local grocery store handing out free samples of hemp-infused treats branded with Cannabis plants. What is this new wave sweeping across the nation? Cannabis is finally legal in Texas, but it’s not what you think. Times are changing for Texas residents, which is why it’s important to understand the regulations surrounding this new bill and how it can affect your use of the substance.

No, don’t start lighting up anywhere you want.

The new bill that was passed by President Trump, known as the Farm Bill, left Hemp sale and production regulation up to state lawmakers, which encouraged several states to take steps to address the legalization of Cannabis and related products – and it’s the same for Texas. To be clear, it is legal to purchase, distribute, and consume Hemp products, but it is still very much illegal to consume Marijuana.

Yes, there is a difference between Marijuana and hemp.

Hemp and Marijuana are two terms used to classify strains of the Cannabis plant. The main difference is that an oil, hemp, is derived from the plant containing less than .3% of THC, while Marijuana contains up to 30%. THC is what is known to give off psychoactive effects or that “high” feeling that is not given when consuming hemp but present in Marijuana. Unlike breathalyzers where you’ll get accurate results on the spot, there is no way to test between marijuana and hemp that is readily available seeing as tests are too costly and time consuming to conduct at the moment.

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Pleasanton driving while intoxicated defense attorney

Everyone has heard of the dangerous consequences that can result from drinking and driving, and sometimes, the warnings about its dangers may start to seem dramatized. However, the potential physical and legal consequences of driving intoxicated should be warning enough. According to the Texas Department of Transportation, someone is hurt or killed in a crash involving alcohol approximately every 20 minutes in Texas. Not only do drunk drivers put themselves at risk, but they also place other drivers and pedestrians in danger. There are different charges that Texans can face when mixing driving and alcohol, and it is important to understand the laws to avoid criminal consequences.

Driving While Intoxicated (DWI)

The most well known and common charge related to alcohol use is driving while intoxicated, or DWI. In Texas, the blood alcohol concentration (BAC) limit is 0.08. In other words, once that level of alcohol consumption is reached, the individual is considered legally intoxicated. While this charge may seem fairly straightforward, there are additional details that some may not know about. Texas law defines this offense as “operating a motor vehicle in a public place.” The term “operating” includes more than just driving. If you are sitting in the driver’s seat while intoxicated, and the car is running, you can still be charged with a DWI. Because you were technically operating the vehicle, the charge remains the same, even if the vehicle was not moving.

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Karnes City traffic ticket defense attorney

Seeing the red and blue flashing lights behind you is a situation that every driver hopes to avoid. You slow down, pull over to the side of the road, and hope that you do not receive a high-priced ticket. What many people fail to realize is that paying a large fee is not the only legal consequence of a traffic violation, and in many cases, even those who do not receive a ticket may still face penalties or consequences to their driving records.

What Is the “Point System?”

Every Texas traffic violation is put on record and has “points” attached to it. The more serious the violation, the higher the points. Unlike many states, Texas only has two categories of violations that determine the number of points. Any Texas or out-of-state traffic conviction will warrant two points added to the driver’s record and any Texas or out-of-state conviction resulting in a collision will result in three points. These numbers may sound low; however, even having two points on your record can translate to financial consequences such as higher insurance premium rates. 

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atascosa county dwi defense attorneyDriving under the influence of alcohol or drugs is illegal in all 50 states. Police routinely look for drivers who break the law, sometimes setting up checkpoints to stop motorists. If you have been arrested for driving while intoxicated (DWI) in Atascosa County, you should discuss your case with a criminal defense lawyer to see if the charges can be reduced or dropped.

DWI Penalties and Fines

The penalties and fines for a DWI in Texas vary depending on the number of offenses a driver has been charged with. Fines range from $2,000 for a first DWI offense up to $10,000 for a third offense. You can spend anywhere from a few days to 10 years in jail if convicted of DWI. Regardless of the number of offenses, you could lose your driver’s license for up to two years. You may also have to pay an annual fee for a few years to keep your driving privileges. Under Texas law, two or more DWI convictions within a five-year period will result in the mandatory installation of an ignition interlock device that prevents your vehicle from operating if alcohol is present in your system.

DWI as a Minor

Anyone under the age of 21 is considered a “minor” when it comes to DWI cases. Minors are prohibited from operating a motor vehicle with any detectable amount of alcohol or drugs in their system. A first offense can result in fines, probation, mandatory alcohol abuse classes, community service, and more. These penalties increase with subsequent offenses and may include jail time.

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Pleasanton DWI lawyer

If you are arrested for DWI in Texas, or you refuse a blood-alcohol test after being pulled over by law enforcement, and you do not immediately take steps to protect your driver's license, it can be suspended anywhere from 90 days to two years. If you are a commercial driver’s license (CDL) holder, it can be an automatic one-year revocation. 

Often a court will order an individual to have their vehicle equipped with an ignition interlock device (IID) as a condition of their bond or as a condition of probation. This device will only allow a vehicle to start once the driver has successfully passed a breathalyzer test. The driver may also be required to provide periodic tests while the vehicle is in operation. 

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Atascosa County DWI lawyer

Like every state, driving while intoxicated laws are aggressively enforced by police and the courts in Texas because statewide, a person is injured or killed in an alcohol-related crash every 20 minutes.

Regardless of whether you are a first-time DWI offender or you have multiple DWI charges on your criminal record, a DWI conviction can severely impact your life. As a Class B misdemeanor, a DWI can result in anywhere from three days to six months in jail, a license suspension of up to two years, and $2,000 in fines. A DWI charge can negatively affect your employability, especially if you perform a job that requires a commercial driver’s license (CDL).

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Posted on in DWI

Wilson County DWI defense lawyer FAQWhat is a DWI?

DWI is short for Driving While Intoxicated. In Texas, DWI is defined as having lost the normal use of your physical or mental faculties or having a blood alcohol concentration above .08.

Is a DWI the same thing as a DUI?

No, these are very different legal terms. A DWI, or Driving While Intoxicated, refers to someone who is driving a vehicle and has lost the normal use of their mental or physical faculties. However, a DUI, or Driving Under the Influence, refers to someone under the age of 21 with any detectable amount of alcohol in their system. 

How do the police test for blood alcohol concentration?

After your arrest, the police will either ask you to submit to a breath test or a blood draw. 

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Posted on in DWI

Have you been charged with Driving While Intoxicated (DWI) in Atascosa County

Have you been charged with Driving While Intoxicated (DWI) in Atascosa County? Wondering what to do next? There are some important things to know and expect when facing a DWI charge in Atascosa County.

Consequences of a DWI

Punishment for misdemeanor DWI cases can be severe, and they can include jail time, fines and a license suspension.

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