| June 08, 2010 |
| Is Houston,Texas ready to go this low for a DWI? |
| Posted By Herman Martinez |
 |
The United Kingdom is considereing lowering the legal limit for driving while intoxicated (DWI) to .05. That would be less than a pint of beer of beer at dinner. I am sure M.A.D.D is all over this and will even cite to it when it approaches states like Texas when trying to influence them to lowering their own legal limit.
Currently, our State blood alcohol limit is .08. As late as the last decade the legal limit in Texas was .10. I do not see this being lowered again in the near future. I think most reasonable Texans would agree that one or two drinks at dinner should not be illegal. |
|
| Continue reading "Is Houston,Texas ready to go this low for a DWI?" » |
|
Permalink  |
| |
| May 18, 2010 |
| Harmon's No DIVERT Policy Allowed |
| Posted By Herman Martinez |
|
Judge Bill Harmon, Harris County Criminal Court Judge #2, has been the only judge that does not allow the DIVERT program in his court. I have written before how frustrating this is as a Houston DWI Attorney to tell your client that because of the court their case falls into they are not eligible for a program that would save them thousands of dollars and could potentially lead to the expungment of their DWI case.
Recently, a visiting judge ruled that Judge Harmon has the authority to disallow the DIVERT program in his court. I have a feeling that this is not the last we heard of this issue. I still hold out hope that Judge Harmon will change his mind as the program heads to its one year anniversary. Regardless, the decision is being appealed to a higher court.
If you need the help of a Houston DWI Attorney please contact our law firm. |
|
| Continue reading "Harmon's No DIVERT Policy Allowed" » |
|
| Permalink |
| |
| March 03, 2010 |
| Houston DWI/DUI or Drunk Driving Cost |
| Posted By Herman Martinez |
|
| The Texas Department of Transportation has printed what we have told clients for years. A DWI conviction is extremely expensive. If you are caught driving while intoxicated in Texas you could pay over $20000 according to department of Transportation. Thus, it is imperative that you hire an experienced DWI lawyer after your drunk driving arrest. |
|
| Continue reading "Houston DWI/DUI or Drunk Driving Cost" » |
|
| Permalink |
| |
| February 24, 2010 |
| Houston Drunk Driving |
| Posted By Herman Martinez |
|
| Please not that there is isnt a difference between the terms drunk driving, dui, and dwi in Texas. Many people come to our office that they were not DWI. In our state it is all the same. |
|
| Continue reading "Houston Drunk Driving" » |
|
| Permalink |
| |
| November 11, 2009 |
| Texas should follow South Dakota's lead |
| Posted By Herman Martinez |
|
One of the advantages of being part of the National College of DUI Defense is that every member of the college helps one another. Recently, I was able help fellow DWI Attorney,
Brad Schreiber of South Dakota, with a Texas licensing issue. While exchanging emails with him I was made aware of the fact that his state repealed the implied consent law in 2006. The affect of this is that South Dakota is one of the few states that do not require a breath test. In fact, his state requires a blood test in DWI cases.
In the past few years Texas has been expanding how law enforcement may collect a blood sample from someone that is arrested for DWI. If this continues Texas should explore eliminating the implied conset law as it relates to the breath/alcohol test. |
|
| Continue reading "Texas should follow South Dakota's lead" » |
|
| Permalink |
| |
| September 15, 2009 |
| Texas' Politicians refusing to provide a breath sample |
| Posted By Herman Martinez |
|
| A report from the Austin Statesman shows that despite the fact that 50 per cent of people that get arrested for DWI provide a breath sample that average does not apply to Texas politicians. Ironically, the same politicians that create and enforce the DWI laws in our state consistently decline to take the breath test. These politicians refused the breath tests 100 per cent of time for the period covered by the newspaper. These are people that are supposed to be leading by example. I guess they believe the same thing that this Houston DWI attorney believes, that the machine used by law enforcement is not accurate, full of internal flaws, and there are many factors that could affect the final result. Thus, it is an unreliable machine to determine a person's blood alcohol level. |
|
| Continue reading "Texas' Politicians refusing to provide a breath sample" » |
|
| Permalink |
| |
| May 28, 2009 |
| Refusing The DWI Breath Test a Criminal Offense? |
| Posted By Herman Martinez |
|
That is correct some states like Iowa and Minnesota make a seperate crime to refuse the breath test even if you are later found innocent of a DWI. Hopefully, we will never see the day that Texas makes refusing a DWI breath test a seperate crime. |
|
| Continue reading "Refusing The DWI Breath Test a Criminal Offense?" » |
|
| Permalink |
| |
| May 11, 2009 |
| Breathalyzer Supervisor for DWI cases in Houston Arrested |
| Posted By Herman Martinez |
|
A Texas Department of Public Safety audit has revealed that the breath tests from eight Houston area police departments have been comprised because the test machines were not properly tested by the certified supervisor. The machines in question are the breathalyzers that are used to determine if someone is legally intoxicated.
How is the Harris County District Attorney's Office going to handle this tricky situation. Will current cases be dismissed? Will there be any retrials of old cases? I imagine that the prosecutors will have to evaluate each case like there is no breath test. The likelihood is that you will see more breath test cases going to trial. Thus, a misdemeanor prosecutor's job just got harder.
DPS officials said they suspended the supervisor's certification, and the Texas Rangers launched a criminal investigation.
"These are serious allegations and we will not tolerate any activities that call into question the integrity of the breath test system," said Col. Stan Clark, interim DPS director.
If DPS was truly concerned with the integrity of the breath test system they would release the machine's software to the defense bar so it could be independently tested. Until this happens the machine will never have any credibility.
Lastly, will we be seeing criminal charges against the supervisor? It seems clear that he may be charged with falsifying government records, a felony. Stay tuned. |
|
| Continue reading "Breathalyzer Supervisor for DWI cases in Houston Arrested" » |
|
| Permalink |
| |