Texas Law

As is the case in many cities and states nationwide, in Dallas, Texas drunk driving is taken very seriously. Texas police are always on the lookout for drunk drivers and will arrest anyone they believe to be doing so. If you find yourself charged due to a mistake in judgment, you need to take certain steps to ensure the best outcome.

First, contact a Dallas DWI attorney who specializes in this type of case (as soon as possible). A true Dallas DUI lawyer should be quite well-versed in the laws and procedures surrounding drunk driving and will go over your arrest to make sure the officers followed the proper steps during your arrest. If they did not do so, your case can often be thrown out!
Even if the police handled your arrest properly, your Dallas DUI attorney can still help you out. They can sometimes get the charges reduced in exchange for a guilty plea. They can also help you get provisional driving privileges if you are found guilty (so you can drive to and from work during the time your license is suspended).

Always contact a qualified Dallas DWI lawyer if you find yourself charged. In Texas drunk driving is considered a very serious offense and you need to make sure to protect your rights.

Being charged in Texas as a minor in possession is no laughing matter and the consequences are serious. This offense is technically defined as being under 21 and possessing or consuming alcohol. A person can be convicted and sentenced to jail time, loss of driver's license and health fines. This can even apply to simply being in the vicinity of alcohol being served and consumed by those under the age of 21.

What are the consequences? First, if you are under the age of 21 and consume alcohol, you will be fined around $500 and have your license suspended until you are 21, along with having to complete community service. If you are behind the wheel and under the influence, there are even stricter penalties. The first instance comes with fines, community service and probation. Any additional offenses come with larger fines, larger community service requirements and the addition of jail time. Do not risk such steep penalties-avoid being a minor in possession.

A person suspected of a Texas DWI, have the right to refuse any testing. The guidelines include the field sobriety test and any breath or blood testing. Any citizen accused of being intoxicated as the right to refuse to answer a single question that may be incriminating. The most recent craze in all jurisdictions is the search warrant to obtain blood.

You see, when a person is under suspicion of a DWI, and they refuse to submit a breath test or a field sobriety test, the officer will immediately get a warrant that compels the defendant to give a blood sample for alcohol level testing.

A search warrant technically requires the police official to give probable cause, or reasonable grounds to think that the person is actually driving while intoxicated. To obtain this, the police can use any incriminating answers you gave, any observations during driving behavior. However, the search warrant more than likely will be challenged by the defense if the driver refuses to submit any and all sobriety tests. When the defendant also refuses to answer questions by the police, this is touchy. You must immediately consult with a defense attorney before proceeding with conversation.

The police won't try to obtain a warrant in every case. There are obvious times in their jobs that show that a person may be intoxicated and they need to test. It could be the person is on medication, tired or in fact drunk. A DWI is a serious offense and you do not want it on your permanent record. Keep it clean and stay away from a Texas DWI.

Don't delay in obtaining a Plano Defense Attorney. By hiring an attorney, you have more of a chance of positive outcomes than going without. For instance, when you have an attorney for your defense in a traffic case, the benefits can be: keeping the ticket off of your permanent record, reduce the amount of money you would be required to pay the court, lift any traffic ticket warrants to avoid being arrested, assist you in locating and disposing of old or missing tickets.

Common traffic tickets that occur are: school zone speeding (fines for this one double or triple), speeding, no valid inspection or expired inspection, construction zone speeding, no valid registration, no valid drivers license, suspended drivers license, no automobile insurance, no seat belt, no child safety seat, running a stop light or stop sign, failure to signal. All of these offenses can add points to your driving record and if accumulate enough, your license could be suspended or revoked.

In Texas, the Department of Public Safety keeps the points you accumulate on your driving record for three years after the date of conviction. The points gather as follows:

%u2022 Two Points violations: moving violation in Texas or another state, violation of child safety seat laws.

%u2022 Three Points violation: moving violation conviction in Texas from a car accident.

Along with these points, surcharges apply. The DPS reviews the driving records every year and if the record shows six or more points in a three year period, fees will be charged. Some drivers have to pay a $100 charge and $25 per point thereafter. The fees can be enormous, so if you receive a moving violation ticket, don't hesitate to contact your Plano Defense Attorney for assistance.

The Texas Marijuana Laws have been strictly enforced lately and it is vital to revisit this information. Being so close to the Mexico border and the drug wars going on there, Texas had to build up its task force. If someone is in the possession of marijuana, different charges and penalties apply depending on certain situations. For instance, if you are in the possession of 2 ounces or less, it is now considered a class B misdemeanor. This can come with up to six months in jail and thousands of dollars in fines. In possession of a larger quantity? Well, you my friend would be moving to a class A misdemeanor and up to one year in jail. The punishment goes up from there to the point of 99 years in jail with a $50,000 fine. This is just for the possession of the substance. If you were to sell marijuana, the penalties begin at 6 months in jail with a $2,000 fine. This is for just a ¼ ounce. On the largest of scales, you can be looking at 99 years in jail and a fine of $100,000. Want to put the icing on the cake? Try to distribute within 1000 feet of a school and all penalties skyrocket. Be aware and be responsible of Texas Marijuana Laws.

Important Information Regarding Texas Marijuana Laws

Section 481.121 of the Texas Health and Safety Code defines what it means to "possess" marijuana in Texas and spells out the possible range of punishment for a conviction on possession of marijuana charges. Under this statute, a person commits the offense of "possession of marijuana" if he/she "knowingly or intentionally possesses a usable quantity of marijuana."

A Possession of Marijuana charge will be classified as either a felony or a misdemeanor depending on the amount (in ounces) of marijuana alleged to be in your possession. The most common marijuana charge in Collin County and Dallas (as well as Denton and Tarrant counties) is the Class B misdemeanor variety - for possession of less than 2 ounces.

The breakdown of punishment ranges under Texas law is as follows:

* less than 2 oz. is a Class B misdemeanor;
* more than 2 oz. and less than 4 oz. is a Class A misdemeanor;
* more than 4 oz. and less than five pounds is a state jail felony;
* more than five pounds and less than 50 pounds is a 3rd degree felony;
* more than 50 pounds and less than 2000 pounds is a 2nd degree felony; and
* more than 2000 pounds is life imprisonment or a term of 5 to 99 years and a fine not to exceed $50,000.

Be certain to get expert counsel in Texas Marijuana Laws if you are facing charges.

If in fact you like to consume alcohol and are in the state of Texas you should take some time to learn about the public intoxication laws in force in that state. The first thing that you will realize is that if you drink so much that your acts and behavior can put the life of another person or even yourself in danger and you are found to be intoxicated you can be charged with an offense under applicable state laws.

A public place, according to Texas laws is any place that has a license or which has permission under the state's Alcoholic Beverage Code. In case you are found guilty of public intoxication under Texas laws you will, other than in the law's Subsection (e) be considered as having committed an offense that will be classified as a Class C misdemeanor.

A Class C misdemeanor is the same as when you are given a ticket for speeding on the road, but its effect on your record does look a bit worse. You can be fined up to five hundred dollars and you may even be put into jail for between four and twelve hours from the time of having committed the offense.

Under Subsection (e) the offense committed by anyone that is not twenty-one years of age will invite the same kind of punishment as would be applicable if a minor was to have committed an offense under Section 106.71 of the state's Alcoholic Beverage Code.

You can only escape punishment if you can prove that the alcohol in your blood is present because of having been administered the alcohol due to therapeutic needs and also if it is part of your medical treatment that is administered professionally and by a licensed medical practitioner.

If you don't want to be booked under Texas laws you must ensure keeping your alcohol consumption to an acceptable limit; otherwise, you will, if caught, be penalized