Posts Tagged ‘DWI’

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Top 8 Reasons why People Drink & Drive

Posted on May 19, 2011

Regardless of the reasons people choose to drink and drive, it is still a very dangerous and reckless past-time activity. It is never a good idea to drink and drive. Driving While Intoxicated (DWI) is deadly. However, knowing the reasons why people drink and drive will help to keep you safe.

Drunk Driving Stats by U.S. Department of Transportation

The U.S. Department of Transportation (DOT) recently released a report that showed 20 percent of all drivers have driven within two hours of consuming alcohol. The Department of Transportation also reported that 8 percent of all motorists have driven drunk at least once during the year. Research showed that more than 12,500 deaths occur each year nationwide due to drinking and driving. This is a serious problem that must be stopped.

Here are the top 8 reasons why people drink and drive.

• They don’t care about the dangers of drinking and driving.
• They think that nothing will ever happen to them if they drive drunk.
• Lack of information about the risks involved when drinking and driving.
• Don’t know about the consequence of driving while impaired.
• Forgot to assign a designated driver or call a taxi to take them home.
• They have a drinking problem.
• They underestimate the powerful effects of alcohol.
• They’ve never been caught by law enforcement before, so they choose to continue the behavior.

Penalties Associated with Impaired Driving and Alcohol Abuse

Impaired drivers can face several penalties if caught and failed the field sobriety test. Some of the penalties include driver’s license suspension, vehicle impoundment, driving privileges suspension, fines, rehabilitation programs, ignition interlock installation, increased auto insurance, criminal charges and jail time.

Why People Drink and Drive?

Knowing some of the reasons why so many people choose to drink and drive is important for everyone. When you drink and drive you put your life in danger and you put the lives of others in danger as well, so if you have had too much to drink, don’t drive!

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Essential Considerations to Protect Yourself if Arrested for DWI/Drunk Driving/DUI

Posted on May 16, 2011

How does a Driver reconcile the need to cooperate with The Man vs. the desire to not be convicted of a DUI? Think of it as a game of chess.

When The Man activates his lights and siren, and comes up to your window with a gun and a badge, a driver understands the need to appear cooperative.

It becomes problematic if the driver could not mask the odor of alcoholic beverages or if something was wrong with the driving. A weave is a DUI Officer’s pet peeve.

Reality hurts when a DWI Officer thinks he can smell alcohol. Like a bowling ball rolling down the lane, the DWI Driver Dude is facing the inevitable drunk driving “approach.”

The Officer’s approach is simple: Smell = Gather Drunk Driving Evidence = Arrest.

The driver’s approach is complicated. Exactly how does the driver appear to cooperate while exercising vested rights?

“Rights” is not a favorite word of the DUI Officer. In fact, once the driver starts mentioning rights, the Officer can take it as Refusal. Refusal usually means a longer license suspension and/or a jury instruction for consciousness of guilt.

Rights are pretty limited anyway in a DWI case. The Implied Consent Law generally means the Driver MUST submit to blood or breath test. And that usually does not include the right to speak to a lawyer first or the right to remain silent as silence can be deemed a Refusal.

The odor not only makes Driver a Presumed DWI Arrest Target. It may cause resentment by the DUI Officer. Too many times, drunk-smelling drivers hassle The Man. And The Man is usually not very patient or understanding.

Therefore, it is important to remain polite.

A mental balancing challenge follows. Of course, it’s naturally a function of each step the DUI Officer takes and the words he or she chooses to use.

Much like a game of chess, each player has pieces to use. The DUI Officer is the King, so you cannot touch him.

The hand-held breath test gadget is the Queen. But while the Queen may approach the Driver, the Driver does not have to blow kisses at the Queen. Unless the Driver is underage,

Flanked by his gun & badge, his rooks or castles, the officer gets out of his car, his knight. Admitting drinking becomes one bishop; smelling alcohol is his other bishop.

Every question he asks is by design, like the use of pawns.

Since the driver is at a strong disadvantage, the driver’s frontline moves are essentially his eight pawns. Therefore, the driver plays by the rules, using these eight (8) moves:

1. Upon the DUI officer turning on his overhead lights, the driver quickly finds a safe place to stop.
2. Make sure the driver’s side window goes down.
3. Place hands on the wheel of the vehicle.
4. Hand over license, registration & insurance.
5. Try not to speak to the officer. (Say you’re advised by attorneys not to talk.)
6. Politely decide against all Field Tests, physical or mechanical. Every FST is optional.
7. If arrested for DWI, try to select the urine test. If no such test is offered, select the breath test. Only select the blood test when there is no other option.
8. Your last pawn move becomes your strongest play. Find the right DUI lawyer. Your attorney transforms into a queen upon reaching the other side.

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DWI Felony in Dallas

Posted on Apr 26, 2011

If you or someone you know is facing the additional factors that turn a DUI charge into a DWI felony in Dallas, it is vital that everything possible is done to get the best possible defense. A DWI defense attorney who understands the court system, and has handled felony DWI charges in Dallas will be your best bet.

Getting the Right DUI Defense Attorney for DWI in Dallas

Certain circumstances in Dallas will turn a normal DWI misdemeanor into a felony DWI. The average DWI felony in Dallas is due to the driver having two previous drunk driving convictions. Prior convictions can be from any place with no time limit. Felony DWI can also be triggered by;

• Vehicular Homicide
• Intoxication Manslaughter
• Drunk driving accident with serious bodily injury(Intoxication Assault)
• Driving While Intoxicated with a child under 15 in the car

Penalties for Those Charged With a DWI Felonies in Dallas

Punishments for a DWI felony in Dallas are much harsher than regular misdemeanor DWI. A second Driving While Intoxicated is not automatically charged as a felony. However, the chances of being charged with a felony DWI is greater every time a person is charged with a DWI offense. Even with a second DWI conviction punishment are doubled.

Third Degree Felony DWI in Dallas

A third-degree felony Driving While Intoxicated can be charged against you when you have two or more previous DWI convictions; also, if you are the cause of an accident that causes injuries. This is called “intoxication assault” in Texas.

Second Degree felony DWI in Dallas

Second-degree felony DWI in Dallas is called intoxication manslaughter. These charges can be triggered if you caused a DWI accident that resulted in death of a person(s).When an automobile accident causes a death, law enforcement officers are required to take a sample of the driver’s blood to find out if second degree felony DWI can be charged. If you are convicted of second degree felony DWI it may result in the permanent revocation of your driver’s license in Texas.

Get Help with Your DWI Felony in Dallas

If you or someone close to you is facing the challenge of a DWI felony in Dallas, finding competent and expert help is one of the best choices you can make. Find one to help you with your problem today.

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