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Texas Drunk Driving Defense Attorney Jed R. Silverman Practice Areas and Legal DefinitionsTexas laws surrounding drunk driving and related traffic offenses are extensive. Houston DWI lawyer Jed R. Silverman has built his practice on defending those arrested and accused of drunk driving, or traffic-related crimes, and possesses the ability to provide aggressive legal solutions for clients involved in any of the following matters: In the State of Texas, it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. In order to be convicted of drunk driving, the prosecution must prove that the defendant was driving or possessed actual physical control of a vehicle while under the influence of drugs or alcohol at the time of arrest. Evidence must show that the arresting officer had a reasonable, articulable suspicion for stopping or approaching the vehicle, or if stopped at a roadblock, that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution. "DWI" stands for Driving While Intoxicated and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DWI conviction stays on a DMV record for at least 7 years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DWI could also jeopardize your employment opportunities. However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DWI conviction will likely be raised to a felony if it is the driver's fourth DWI offense or the driver has had a prior felony DWI offense within 10 years of the new charge. Driving with a Suspended License: Driving with a suspended or revoked license in Texas is considered a crime and can result in heavy fines and possible jail time. At worst, it may be considered a felony and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI). Typically, a driver's license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant's license may be suspended for a year or more. Traffic crimes are specifically addressed in state statutes. There is an entire body of law that regulates the operation of motor vehicles on the streets and highways that can be difficult to interpret and apply. It is important to contact an experienced DWI defense lawyer if you have been charged with a drunk driving related traffic crime. To learn more about traffic related criminal charges, contact Texas drunk driving Attorney Jed R. Silverman. If you or someone you know in Houston, Texas, or throughout the State of Texas, needs the assistance or legal counsel of an experienced DWI lawyer, contact Jed R. Silverman today at 866-655-3961, or complete the contact form provided on this site to schedule your free initial consultation. |