18 Ekim 2009 Pazar

Austin DWI Dismissal

Looking for a DWI lawyer in Austin? First, educate yourself here on the facts of Austin DWI defense and the Texas laws for drinking and driving.

First, it is easy to fall in the trap of feeling bad for yourself after getting caught for drinking and driving. The instinct is to replay all the different times when you had the ability to change your decision. No matter how you look at it though, saying, “I should have taken a cab,” or “I should have let my sober friend drive the car home,” is unproductive.  So, initially, get over the feelings of remorse and focus on the future. In short, get your defense together and learn the facts about your case.

Second, if you are under twenty-one and are a casualty of Texas’ “zero tolerance” policy, then you most likely were charged with a Driving Under the Influence unless the officer believed you were substantially intoxicated. For more facts on DUI’s in Texas click here.

In the state of Texas a driver can be arrested for Driving While Intoxicated if a police officer can prove 1) he had reason to pull over the car and 2) had reason to believe the driver was intoxicated.В В If the driver submits a blood, urine, or breathalyzer test with a Blood Alcohol Content (BAC) of over .08%

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Ansiklopidia fulls My The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw. Section 724.017 of the Transportation code was amended to provide protection to those who take blood specimens according to "recognized medical procedures." However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen. And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws
As of today, September 1, two new laws go into force that deal with DWIs in Texas. Section 724.017 of the Transportation Code is now expended to allow more situations where police can do a forced blood draw without a warrant. Mandatory warrantless blood draws are now allowed if a person is arrested for DWI, or BWI, the person refuses to submit to the taking of a specimen volutarily, and: 1) an individual other than the person arrested has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment; 2) the person is arrested for DWI with a child passenger under 15; 3) the officer has reliable information that the person has been previously convicted of DWI two or more times; or 4) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter. full my web