Each DWI is a complex mixture of civil and criminal law. Possible consequences for Houston DWI include; criminal consequences, revocation of driver’s license, confiscation, and consequences with immigration. These consequences must be examined. For this reason, DWIs remain a complicated legal issue that require the expertise and knowledge that only a lawyer can provide.
Detention and Arrest
From the first contact of your clients with the police, a criminal defense lawyer should analyze if the officer had reasonable and articulable reason to stop the vehicle and if there was reason to believe that the driver of the vehicle was under the influence of alcohol. This requires an understanding of the sobriety tests, familiarity with the preliminary results of the breathing test and understanding when these tests are admissible in court. A competent criminal defense lawyer must also make sure that the officer tube causes probable arrest, the officer strictly complied with the protocol of reading the Consent Advisory Minnesota, and that the officer respect the right of the detainee to obtain legal advice.
A criminal defense attorney must examine any evidence that was submitted to the individual. This analysis begins with the type of test offered. There are three types of tests: blood test, breath test and urine test. The chemical testing procedure can be a difficult process to understand, especially if the individual is not a native English speaker. Many times, officers claim that the arrested person “refused” to take a test. It is vital that a lawyer evaluate what type of evidence was offered to the individual, what words or behaviors were considered a denial, and whether a second test was requested.
If a detainer refuses to be tested or is otherwise unable to give consent, and a test was administered anyway, the circumstances surrounding this test must be carefully examined. Failure to comply with the law may result in the deletion of test results. DWI Lawyer Houston will be able to analyze and explain the different exceptions to the requirement of the court order and determine if any of the exceptions were present in your case.
Charges and release conditions
There are 4 different levels of DWI: 1st – 4th grade. A defense attorney must educate his clients regarding the different levels, the mandatory consequences and the maximum consequences of each level, and the justification of the charge. If the client is arrested and taken to jail by a DWI, the bail must be established according to the minimum statutes for the different levels. To facilitate bail payment, criminal defense attorneys often work with families, bail bondsmen and supervisory companies to ensure the release of their client. Criminal defense attorneys must carefully explain the conditions of release to their clients.
Clients must also be informed about the civil consequences of a driver’s license. Criminal penalties for a DWI can be severe; however, when this is combined with the revocation of a driver’s license, the seizure of the license plate or the seizure of a vehicle can be devastating. Deadlines, filing of charges and service requirements must be met rigorously. Failure to comply with these requirements may result in the loss of a claim. A competent lawyer will discuss with his clients, among other things, ways to fight against the revocation of the license, the innocent defense of the owner to the seizure of the license plate and confiscation of the vehicle, the benefits and risks of blocking the ignition in the vehicle and Request an application for a stay of the revocation period.