by admin | Jul 14, 2018 | DUI, DWI
A BWI means boating while intoxicated. According to the Texas Penal Code, Section 49.09, the legal definition of a BWI is an individual committing a crime of operating a watercraft while in the state of intoxication. A BW is a class B misdemeanor and carries minimum detention of 72 hours. However, there are exceptions to this law.
Being convicted of BWI is serious. Truth be told, the negative implications of a BWI are just as bad as DWI. So, you should prove yourself that you’re a qualified and responsible captain when using a boat or any other watercraft. Be mindful not to over drink while cruising on Texas waters. Also, ensure that you’re wearing a life vest at all time. In addition, make sure you’ve enough life vests for all your passengers. If you’re entertaining your guests or passengers on your watercraft, do not consume any alcohol.
Anyone Can Be Arrested For BWI
So you’re going to the sea to fish for 15 hours. A vessel approaches near you and you realize that it is law enforcement. They’ll come aboard to conduct a safety inspection of your boat. The officer will ask you how many life vests you have on your watercraft. If you’ve been drinking, the inquiring officer will detect the smell of booze on your breath when you talk.
If that occurs, police will ask you to whisk off the boat and onto the law enforcement craft, and taken back to the shore. They will allow a quarter of an hour to recover you from sea legs. Then police will ask you to stand using one leg and walk straight. Finally, they will ask to tilt your head back while keeping your eyes closed. The officers might conclude that your balance is abnormal and charge you of being guilty of boating while intoxicated.
The situation described here is based on real events where many individuals detained unfairly for boating during intoxication.
Contact a Texas Criminal and DWI defense attorney today who can provide you with a confidential consultation. He can also evaluate your case and counsel you on the best steps to take. Contact Mr. Yong J. An by calling or texting him 24/7 directly at (832) 428-5679.
Yong J. An, Criminal Defense and DWI attorney, Abogado de Defensa Criminal, Brazoria County, Pearland, Angleton. Lake Jackson, Manvel, Alvin, Freeport, Waller County, Hempstead, Chamber County. Anahuac, Montgomery County, Woodland, Conroe, Jefferson County, Beaumont, Liberty County. Also, Cleveland, Brazos County, College Station, Bryan, Fort Bend County, Sugar Land. Moreover, Richmond, Rosenberg, Missouri City, Harris County, Houston, Spring. Pasadena, Humble, Tomball, Cypress, Webster, Galena Park, South Houston, Deer Park. Katy, Baytown, Kingwood, Galveston County, League City, Texas City, Dickinson, Kemah, Friendswood, and Santa Fe.
by admin | Jul 11, 2018 | Criminal Defense, DUI, DWI
The consequences of DWI are serious in terms of what it does to your family and career. It is possible that you’ve been charged with DWI and not sure what to do next. Truth be told, the DWI process is not as complicated as what most people think. But, it is important that you know what to expect, so you can protect yourself.
The DWI process typically involves an administrative hearing where you’ve 15 days to schedule it starting from the day they arrested you. If you fail to do, the law enforcement will suspend your driving license. You will also face a criminal case and the court will determine the bail. And, you will also have to attend a pre-trial appearance and a trial as well.
During the pre-trial, all evidence against is subject to review. This is where plea-bargaining takes place and having a competent, experienced good defense attorney will help you deal with your case.
Possible Penalties for Charged with DWI
If convicted for DWI, the possible penalties you will face include:
- License revocation
- Imprisonment
- Community Service
- Fines
- Probation
A charged with DWI can have a huge impact on your life. A permanent criminal record can badly affect your career, personal relationships, finances, and family. And by no means, you want this to happen. So, when you are charged with a DWI, call a reputable DWI attorney immediately. It’s crucial that you’re well aware of your legal options and what needs to done to mitigate it.
Contact Local DWI Defense Attorney
Contact a Texas Criminal and DWI defense attorney today who can provide you with a confidential consultation. He can also evaluate your case and counsel you on the best steps to take. Contact Mr. Yong J. An by calling or texting him 24/7 directly at (832) 428-5679.
Yong J. An, Criminal Defense and DWI attorney, Abogado de Defensa Criminal, Brazoria County, Pearland, Angleton. Lake Jackson, Manvel, Alvin, Freeport, Waller County, Hempstead, Chamber County. Anahuac, Montgomery County, Woodland, Conroe, Jefferson County, Beaumont, Liberty County. Also, Cleveland, Brazos County, College Station, Bryan, Fort Bend County, Sugar Land. Moreover, Richmond, Rosenberg, Missouri City, Harris County, Houston, Spring. Pasadena, Humble, Tomball, Cypress, Webster, Galena Park, South Houston, Deer Park. Katy, Baytown, Kingwood, Galveston County, League City, Texas City, Dickinson, Kemah, Friendswood, and Santa Fe.
by admin | Jul 9, 2018 | Criminal Defense, DUI, DWI
A DWI charge is anything but serious. It can lead to a criminal conviction and the possibility of a suspended driving license. An individual charged with a DWI conviction will have dire implications not only in his/her personal life but on their insurance rates as well.
Below are four ways a DWI can affect your insurance rates:
1. Your Driving Record Gets Tainted for DWI charge
DWI charges usually lead to high fines, court costs and suspended license. A DWI conviction stays on your driving record. This can result in social stigma after your legal proceeding has concluded. Insurance companies are more likely to ask for higher premiums when they see a DWI conviction on your driving record, for example. The imputation continues when you’re renewing your auto policy.
2. Paying Higher Premiums
Auto Insurance companies typically inspect a person’s driving records before insuring them. If you have a DWI charge on your driving record, you’ll be into the high-risk category of auto insurance. Consequently, you’ll find yourself having a hard time getting affordable auto insurance. And even if you do find one, be prepare to pay higher premiums for it. This is bad if your income is low or on a tight budget. Worst case scenario, no insurance companies are willing to insure you.
3. Filing An SR-22
If your drivers’ license has been suspended following a DWI conviction, you’re required to file an SR-22 with DPS. You also need to maintain coverage for two years starting from the day of your DWI conviction. Filing an SR-22 provides proof of your financial obligations and that you’re insured accordingly. The filing is also a requirement in case the DMV decides to reinstate your drivers’ license. However, filing an SR-22 fares badly with the auto insurance companies because they’ll demand high insurance rates from you for several years even after your DWI charges.
4. Family’s Insurance Rates Gets Adversely Affected
Unfortunately, a DWI conviction affects both you and your entire family, especially when it comes to auto insurance. Your DWI charge can have a detrimental effect on your parents or your partner. This is particularly noticeable when you list them as drivers of your vehicle on your auto policy. As a result, they may have to pay higher insurance premiums.
by admin | Jul 5, 2018 | Criminal Defense, DUI, DWI
Like it or not — a DWI conviction will affect your career. However, the implications won’t be as serious as you expect it to be. But, nonetheless, there is a possibility there a DWI will put your career on the line as most employers don’t like having a person who have charge with drink driving on their payroll.
So what can you do minimize the impact of a DWI on your career? Here are a few ways:
Be Honest About It
It is easy to say but difficult to do. It’s very likely that you want to omit the information when you’re completing your employment questionnaire. But, be fully honest about it, no matter what. You may be able to get away with it during the hiring process. But if your employer discovers it later, you might be dismissed from the job immediately. However, you’re not required to disclose the information unless you’re asked about it.
Find An Suitable Job
Some jobs require you to voluntarily disclose information even if it doesn’t require to do so. For example, if you’re applying for a job that needs plenty of driving obviously required a good driving record. If you’ve charge for DWI conviction, then this isn’t the right job for you. Similarly, Teachers and school employees also have risk of firing if they’ve DWI convictions. So, look for a job where your chance of getting employed will be less affected by your DWI conviction.
Background Checks
Employers usually run background checks on prospective and current employees for legal and other various reasons. If you have not disclosed your DWI conviction assuming that it won’t be in your records as it happened many years ago. Guess what, it can still be on your record. Many companies often do a background check on their prospective employees through the DMV and they can find your case there. However, if it happens, it does not always mean that they will not hire you anymore. You just have to find yourself a job that doesn’t require stringent background checks or will hire you even after discovering your situation.
Contact a Texas Criminal and DWI defense attorney today who can provide you with a confidential consultation. Moreover, he can evaluate your case and counsel you on the best steps to take. Contact Mr. Yong J. An by calling or texting him 24/7 directly at (832) 428-5679.
Yong J. An, Criminal Defense and DWI attorney, Abogado de Defensa Criminal, Brazoria County, Pearland, Angleton, Lake Jackson, Manvel, Alvin, Freeport, Waller County, Hempstead, Chamber County, Anahuac, Montgomery County, Woodland, Conroe, Jefferson County, Beaumont, Liberty County, Cleveland, Brazos County, College Station, Bryan, Fort Bend County, Sugar Land, Richmond, Rosenberg, Missouri City, Harris County, Houston, Spring, Pasadena, Humble, Tomball, Cypress, Webster, Galena Park, South Houston, Deer Park, Katy, Baytown, Kingwood, Galveston County, League City, Texas City, Dickinson, Kemah, Friendswood, and Santa Fe.
by admin | Jul 1, 2018 | Criminal Defense, DUI, DWI
Mothers Against Drunk Driving (MADD) advocated using ignition interlocks for convicted drunk drivers for many years. They’ve been convincing the public that this specific technology is the most effective tool in preventing accidents caused by drunk driving. It can also used for DWI.
The ignition interlocks small devices which are hard-wired into vehicles driven by drunk driving offenders. These devices hinder the vehicles from starting despite repeated attempts by drunk drivers or by someone if their blood-alcohol level is higher than allowed limits.
In 2016, in a bid to reinforce their claims, MADD conducted a study to evaluate the effectiveness of the system. The results were both alarming and encouraging. MADD collected data from 11 ignition interlock makers and discovered that the interlocks prevented 1.77 million attempts to start the vehicles while being drunk. This is despite the fact that these devices are still not hugely popular. The following year, the interlocks stopped another 350,000 attempts.
As part of their ongoing campaign, MADD has been working relentlessly to convince every state to enact ignition interlock laws for every person charged with a DWI.
MADD Launching
Today, every state has some form of ignition interlock law in force. When MADD first launched their movement, only the state of New Mexico had an all-offender ignition interlock law. Now, thanks to the embolden message of MADD. The District of Columbia alongside 28 states have implemented ignition interlock laws for intoxicated offenders, who have a blood alcohol level of 0.08 or more after committing their first conviction.
MADD is encouraging other remaining states to pass similar bills. Also, works in providing assistance to every state in amending their existing laws to incorporate the use of technology to prevent drunk driving accidents.
MADD wants other to support to create a nation of “No More Victims” by promoting the use of existing technologies. Also, in accordance with law enforcement efforts to prevent drunk driving tragedies.
Need Support for DWI?
Contact a Texas Criminal and DWI defense attorney today who can provide you with a confidential consultation. He can also evaluate your case and counsel you on the best steps to take. Contact Mr. Yong J. An by calling or texting him 24/7 directly at (832) 428-5679.
Yong J. An, Criminal Defense and DWI attorney, Abogado de Defensa Criminal, Brazoria County, Pearland, Angleton, Lake Jackson, Manvel, Alvin, Freeport, Waller County, Hempstead, Chamber County, Anahuac, Montgomery County, Woodland, Conroe, Jefferson County, Beaumont, Liberty County, Cleveland, Brazos County, College Station, Bryan, Fort Bend County, Sugar Land, Richmond, Rosenberg, Missouri City, Harris County, Houston, Spring, Pasadena, Humble, Tomball, Cypress, Webster, Galena Park, South Houston, Deer Park, Katy, Baytown, Kingwood, Galveston County, League City, Texas City, Dickinson, Kemah, Friendswood, and Santa Fe.
