Many people often have the wrong assumption about the type of people who get arrested for alcohol related charges. For instance, most people tend to presume that the only individuals who get pulled over for driving while intoxicated (DWI)are irresponsible or don’t know their limits when it comes to drinking and driving, however they couldn’t be more wrong.

A DWI is an equal opportunity charge. Most of the people who get charged for driving while intoxicated are average people just like you and I. Some are doctors and lawyers, while others may be parents or teachers. These charges can happen to someone who has been drinking for years or even someone who is going out and drinking for their very first time. However, what many people don’t realize is that a DWI can even happen to someone who is trying to be responsible.

For example, let’s say that a person goes out to the bar with their friends. After laughing and talking for a few hours, the bar closes and they realize that they’ve had just a little too much to drink. They walk out to their car and decide that it’s probably not the best idea to drive home. Instead, they get into their car, turn on the radio and “sleep it off” for an hour or so until they can safely drive home. However, the next thing they know, they are being woken up by a police officer and are charged with a DWI.

The question is, can the state really charge you for driving while intoxicated if you were simply sleeping in your car and it wasn’t even moving? In some cases, they can.

Under Texas state law, a person can be found guilty of a DWI if there is sufficient proof that they “operated” a motor vehicle while intoxicated. Unfortunately, the term “operating” not only includes the process of moving your vehicle from one location to another, but it also includes starting the engine, engaging the machinery of the motor vehicle, or manipulating the electrical equipment inside the vehicle even without putting the car in motion.

Under this definition, there are several instances in which you can be charged for a DWI without driving, as long as contact an experienced DWI lawyer if you have been charged with a DWI.

By contacting a professional who has significant experience in DWI law, you can ensure that your case is handled properly and that you avoid any charges and fines that you do not deserve.

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Many people often view police officers as trusted members of the law who are simply looking out for the safety and good of those around them. While we may not always enjoy being pulled over or fined for something that we have done wrong, we can usually accept the fact that they were just doing their job as an officer of the law.

However, many people often forget the fact that police officers are also normal people, just like you and I, who are fully capable of making mistakes―even when on the job.

Many of these common officer errors will go unnoticed by the person who is at fault, and therefore, are not usually a big concern to the officer in the overall scheme of things. However, when a mistake is made during your Driving While Intoxicated (DWI) arrest, it could make a huge impact on your entire court case and the good-standing of your personal record.

Here are just a few common ways in which officers make mistakes in a DWI case:

No Probable Cause

A police officer is not able to pull you over when driving unless they have a probable cause to do so. Therefore, there must be reasonable suspicion voiced as to why a police officer has stopped you in the first place. Also, while speeding in itself is against the law, numerous studies have shown that speeding does not directly relate to driving while intoxicated. Therefore, an officer cannot using speeding as a factor of evidence that you were driving drunk.

Inaccurately Conducting DWI Tests

There are many different guidelines which detail how a DWI officer should administer Field Sobriety Tests and Breathalyzer tests. Failure to follow these guidelines could result in unreliable evidence of intoxication. In fact, even when given by the most experienced officer and under the most ideal of conditions, field sobriety tests can inaccurately label 23-35% of people tested as intoxicated. Therefore, it is important to know whether or not these tests were conducted accurately.

Misjudged Your Levels of Intoxication

A study conducted by the Alcohol Behavior Research Laboratory at Rutgers University showed that police were not any better judges of intoxication levels than were bartenders or social drinkers. In fact, not one of these three groups correctly judged the levels of intoxication more than one quarter of the time. Officers may also notice factors of physical impairment, including sickness, injury or lack of coordination, and misjudge them as signs of intoxication.

While nearly every police officer will try their best to follow the rules and guidelines of a DWI arrest, errors can sometimes happen and minor details can get overlooked―it is only the nature of a human being that we sometimes make mistakes. However, that shouldn’t mean that you have to face the consequences of a police error.

Instead, it is important to hire an experienced DWI lawyer to handle your case, identify any possible mistakes in your arrest report, and use them to your best interest.

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Fall is one of the best seasons for traveling around the country and visiting friends and family―teens and college students are celebrating Halloween weekend, there are several long weekends that many people have off from work, and the weather is perfect for driving around, exploring the beautiful Autumn scenery and having a relaxing weekend away from home.

The fall season is also one of the most popular times for traveling because of all of the fun events that occur during this time of year: Halloween parties, Thanksgiving, school reunions and Homecoming football games, weekends at the cabin, etc. These away-from-home events are a great chance to grab a drink with long lost companions and really relax away from the stress and trouble of work and school.

However, while exploring a new state can be a fun fallevent, it can be dangerous for those who are unfamiliar with their surroundings. Trying to navigate your way through strange streets, roads and highways can be difficult, especially if you have had a few drinks. Unfortunately, this is how many people end up getting pulled over and charged with a DWI.

So, what happens if you are charged for driving while intoxicated (DWI) and you are in a different state? First, it is important that you get all of the information that you can about your charge, then contact an experienced DWI lawyer to assist you with your case.

Until then, here is some basic information about out-of-state DWI’s that will help you get a better understanding about what may happen:

Will They Alert Your State?

Most states have reciprocity laws and procedures which means that they have decided to share pertinent information about traffic violation convictions with the licensing state of the driver who received the ticket. This can happen with anything from a speeding ticket all the way to a DWI charge.

These main agreements are the Drivers License Company (DLC) and the Non-Resident Violator Compact (NRVC). The only states that do not participate in either of these reciprocal agreements are Michigan and Wisconsin.

However, whether or not your state is part of the DLC or the NRVC, they will still have to report certain information to the National Driver Register (NDR), such as a revoked or suspended license. Therefore, if you have been convicted of a serious traffic violation like a DWI, your licensing state will be able to see that you were convicted of this major offense.

Will It Affect Your License?

While no one but your own state can suspend your driver’s license, another state can and will suspend your driving privileges in the state you were pulled over in. They will also report your arrest to your licensing state, who will most likely impose their own suspension of your driver’s license.

Therefore, a DWI charge in another state will likely be sent to your own state’s DMV and, in turn, will affect your license just the same as if you had received the charge in your home state.

What Should You Do If You Receive An Out-Of-State DWI?

If you are driving out of state and you receive a ticket for a DWI, the most important thing that you can do is to avoid conviction at all costs. Therefore, the smartest move that you can make is to contact an experienced DWI lawyer who specializes in DWI defense and has an extensive background in drunk driving cases.

As long as you make smart choices about your next steps, you may be able to expunge (completely remove) your DWI charge from your record, or even greatly reduce the damage that a DWI charge can bring to your personal life. However, the best hope you have of doing this is to fight alongside a lawyer who has experience and success at fighting a DWI.

Everyone has their own personal preference when it comes to drinking alcohol. Some people enjoy a classic cocktail such as gin and tonic or rum and coke, while others may prefer a more extravagant mixture such as a fruity martini or a trendy micro brew. And just as fashion trends come and go each and every season, many alcoholic drinks will gain a popular buzz around them, prompting the beverage to become the most popular drink at every bar in town.

In the last couple of years, classic cocktails and martinis are increasingly becoming replaced by a wave of energy drink and alcohol concoctions. These types of drinks can range from a simple mix, such as vodka and Red Bull, all the way to the adventurous “Jager Bomb”―a powerful combination of 70-proof Jagermeister which is dropped into a glass of Red Bull.

However, while these high-energy mixes may seem like an exciting trade-in to your average Bud Light or Jack and diet, pairing energy drinks with alcohol can be a hazardous combination if you are not careful.

Given the fact that a 0.08 BAC level is the legal limit in most states, this is a dangerous combination for those who are walking or driving home from the bar.

Here are a few more things that you should know about mixing alcohol with energy drinks:

May Lead To Heart Problems

Whenever you are drinking high levels of caffeine, especially the amount that is often found in energy drinks, you are boosting your heart rate and speeding up your blood pressure. Mixing these types of drinks with alcohol can further increase the risk of heart palpitations, even prompting cardiac-related problems.

Creates A Bad Hangover The Next Day

Many people are aware of the fact that alcohol can make you dehydrated. However, the caffeine that is found in energy drinks is a diuretic, which causes the body to lose a lot of water. Therefore, combining the effects of these two beverages can cause your body to become increasingly dehydrated, causing a brutal hangover the morning after your night of drinking.

Causes You To Feel Less Impaired

Whenever you are feeling fatigued and exhausted after a late night of drinking, it is your bodies way of telling you that it is ready go home and shut down for the night. However, energy drinks cause your body to lose this natural feeling of control and sedation, and instead, keep you wide awake and drinking longer.

If you are a big fan of these energy drink cocktails and are not ready to give them up completely, limit yourself to only one on occasion and make sure that you pair it with a glass of water to stay hydrated and alert. As they say, everything is fine in moderation―just be sure that you know your limits when it comes to safe drinking and driving.

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Nearly everyone at some point or another has been informed about the numerous dangers of drinking and driving. Whether it was from your health teacher in middle school, your parents when you received your driver’s license, or from one of the many different advertisements online or on TV, every message is usually the same―drinking and driving is bad.

However, while many people were taught the consequences and dangers that can come from drinking and driving, very few understand just why alcohol can affect our ability to drive. Without this knowledge, many people who spend the night out at the bar drinking with friends and don’t really feel “that drunk” may attempt to drive because they aren’t aware of how their body has been effected.

Because alcohol can influence your ability to drive, even when it is ingested in small quantities, it’s important to understand just what parts of your mind and body are being effected so that you can determine whether or not you are safe to drive home.

How Does Drinking Affect The Body?

Unlike when you consume food, alcohol does not get digested within your body. Instead, it is water-soluble and is absorbed into the bloodstream, where it is carried to all of the body’s important organs―the liver, heart and brain. As a result, alcohol can impair your brain and motor functions within minutes.

Therefore, when a driver consumes alcohol―even as little as two drinks―they impair a large number of skills that are necessary for carrying out basic driving maneuvers such as depth perception, reaction time and concentration. Even worse, alcohol is a mood changer which can affect your judgment, making you think that you are fine to drive when you may actually be overly intoxicated.

What Are Some Common Signs People Exhibit When Driving Drunk?

You driving capabilities can vary greatly depending on how much you’ve had to drink, how much you weigh, and the amount of time in which you consumed your drinks. For instance, a 200-pound man who drinks three drinks in two hours will have a much lower blood alcohol content (BAC) than a 110-pound woman who had the same amount of drinks in that same time.

However, research conducted by the National Highway Traffic and Safety Administration has come up with several common signs that drunk drivers often exhibit when pulled over for drunk driving:

• Changing speed or lanes frequently for no reason
• Ignoring or overshooting stop signs
• Being unaware of the speed in which they are traveling
• Weaving or swerving on the road
• Following cars too closely
• Turing in a wide radius while straddling the center of the lane marker
• Going 10 mph slower than the speed limit

What Should You Do If You Are Pulled Over For Drunk Driving?

Being charged for Driving While Intoxicated (DWI) can result in serious fines and penalties, including possible jail time, license suspension, increased insurance costs and mandatory probation programs. Because of this, you should always contact an experienced DWI lawyer if you are arrested for drinking and driving. By seeking out proper help and assistance, you can insure that your consequences will be minimal and that you can happily put the mistake behind you.

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Heading to court can be an intimidating and nerve-racking experience for anyone. Whether it’s your first time entering the court house, or you’ve had the misfortune of being there before, the seriousness and severity of the matter can hit you head on as soon as you walk through the doors, causing you to feel completely unprepared for what’s ahead.

While each court experience can differ depending on the terms of your arrest, there is usually anywhere from a handful of people to as many as 50 people packed into your courtroom. Usually, each of these people will be facing various criminal charges, including driving while intoxicated (DWI). However, there is one single thing that can relate each and every one of these defendants―they all want to make a good impression on the judge.

Whether or not you think it’s fair, as soon as you enter court, you will be judged on everything from the clothes you are wearing and your overall demeanor to your criminal history. Therefore, how you choose to act and present yourself may directly impact the feelings of the judge and the direct outcome of your court case.

Because of this, we have put together a list of some of the most frequently asked questions about DWI court. Knowing the answer to some of these important questions will not only help you feel more prepared for your case, but it will also help you to make a better impression on the judge.

“If I intend to plead guilty, then why do I need a lawyer?”

Even if you were hired a private DWI lawyer, there is a good chance that you will be out of court relatively quickly. This is because private lawyers typically go before public defenders or self-represented defendants.

“How long will a DWI arrest stay on my record?”

Unfortunately, if you are convicted of a DWI, your charges will stay on your record forever. However, if you are found not guilty, you may be able to have your DWI charge “expunged” from your record, erasing it permanently. If this is the case, no employer, police officer or prosecutor will be able to find evidence of the expunged charge.

Because DWI cases are such a serious matter, it is vital that you hire an experienced DWI lawyer to handle your case. As long as you do, you can ensure that your case will be handled properly and that you will receive the best possible outcome for your DWI charge.

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Girls love heading to the bar just as much as any guy. Whether it’s for a drink after work, a night out with the girls, or just hanging out on a Friday night, it can be relaxing to sit at the bar and have a couple drinks with friends.

Unfortunately, while we hear about women heading out to the bar just as much as guys, we tend to hear a little bit more about those girls―You may have seen a few of them last time you were out at the bar: The ones who just couldn’t seem to keep up with the guys or got a little sloppy while the rest of their co-workers were still sober.

It makes you wonder why women will get like that when alcohol treats both men and women equally… or does it?

Actually, any women who is attempting to “hold her own” when drinking with a man is putting herself at great risk. This is because when it comes to alcohol, men and women are inherently unequal. In fact, a higher blood alcohol concentration (BAC).

Women also become more intoxicated in a shorter amount of time because they tend to have a higher percentage of body fat than men. Body fat is not able to absorb alcohol, therefore it is concentrated at higher levels in the blood stream. Add all of these factors together and it is easy to see why a woman absorbs up to 30% more alcohol in their bloodstream compared to a man of the same height and weight.

Health and Well Being

Alcohol not only affects a women differently at the time that she is drinking, but also in the long-term effects of alcohol consumption. Women who consistently drink are at higher risk of developing serious conditions such as heart disease, liver disease, memory loss and ulcers compared to men.

A recent study by the Journal of the American Medical Association also showed that a woman’s risk of breast cancer rises with the amount of alcohol that she consumes. In fact, the study showed that women who drink two to five alcoholic drinks each day were 41% more likely to develop breast cancer than non-drinkers.

The bottom line is that when it comes to alcohol, men and women are vastly different. By understanding the different ways in which alcohol can have an effect on your overall health and body, you can help to ensure you stay safe and smart each and every time you head to the bar.

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Going through a court appearance and trial for a DWI offense can cause a spout of nerves and anxiety in anyone. When you’re sitting in front of the judge, awaiting the results of your case, it can be hard to keep the worried thoughts from passing through your head: What kind of fines am I going to have to pay? How is this going to affect my future plans and goals? Am I going to have to go to jail?

Luckily in many cases, as long you don’t have any prior DWI convictions, the judge will most likely suspend your entire jail sentence and, instead, will place you on probation. However, don’t breathe a sigh of relief just yet―Driving while intoxicated in Texas is a serious offense and, therefore, probation for a DWI is not to be taken lightly.

The state of Texas defines probations as the “conditional release of an eligible prisoner” and can last anywhere from  six months to two years for a first-offense DWI conviction. If any of the probation requirements are not met, including something as simple as forgetting to check in with your probation officer, the individual on probation may be charged with probation violation, a crime that brings with it the possibility of more fines, jail time and community service hours.

Because of these severe consequences, it is extremely important that you follow the probation guidelines set by the judge and probation officer and immediately contact an experienced DWI lawyer if you violate your probation. In the mean time, it is important to understand just what happens when you are put on probation for a DWI:

What is Probation?

Probation for a DWI in Texas is not too different from many other states. It is basically an agreement that is set between you and the judge committing that they’ve agreed not to impose a jail sentence (also referred to as “suspending a sentence”) as long as you agree to follow a strict list of rules throughout the period of your probation. This period of time is called the “probationary period” and may last up to two years for a first-time DWI offense.

What Must You Do During DWI Probation?

When you are put on probation for a DWI charge, the judge will assign you a set list of “do’s and don’ts” for the entire length of your probation period. During this time, there are several things that you must do:

• Pay Fees: In addition the money you must pay for your DWI fine, you may also have several additional fees that you will be required to pay such as court costs, attorney fees, payment of restitution, etc.
• Attend Meetings with Probation Officers: All individuals who are on DWI probation will be assigned a probation officer that they will meet with on a regular bases. These officers verify to a judge than an individual has fulfilled the terms of their probation.
• Attend Required Meetings: Some people who are on probation for a DWI may be required to attend special classes as ordered by the court. Some of these classes may include a DWI Education Class or completing a Victim Impact Panel. You usually have six months to require all classes set through your probation.
• Submit to Testing: All Texas residents on DWI probation are required to submit periodic alcohol and/or drug tests. If any problem is detected, additional terms and conditions may be added on to your probation.

If you are put on probation after a DWI offense or are accused of committing a probation violation for a DWI in Texas, it will be very beneficial for you to receive the guidance of an experienced DWI attorney.

Not only will this help you avoid the maximum punishment that may be set by a district attorney, but a DWI lawyer can also help you to minimize the consequences of your probation violations. While you have the right to plead innocent and have a defense presented during your case, this is almost always best accomplished with the help of an experienced DWI lawyer.

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Being charged for Driving While Intoxicated (DWI) can be scary for anyone, but even more so if it is your first ever drinking-related charge. Simply talking to the police and trying to understand your rights can cause stress and anxiety, which is why many people panic when they find themselves in a similar situation.

However, this can be very dangerous for yourself and your future DWI case. When many people are scared and anxious after being pulled over for a DWI, they often end up making accidental mistakes than can do more harm than good to their DWI case.

Luckily, hiring a properly trained, experienced DWI lawyer to handle your charge can help  to dramatically increase an acceptable result from your court case. However, it is still important to understand the most common mistakes that people make when charged with a DWI, that way you can avoid them or inform your lawyer of them so that they can take necessary next steps.

Here are just three common DWI mistakes commonly made by someone who is accused of driving while intoxicated:

Assuming That You Are Guilty

People often think that just because they have careful about handling your case. Therefore, ignoring your charge or trying to solve it yourself without any legal training can have horrible, long-lasting effects on your record.

There are many difficult factors and tasks that must be done in order to properly represent yourself in court for a DWI charge, including getting proper information from the police, obtaining proper evidence, and dozens of other complicated tasks. These are not risks that you should take when such a serious charge is on the line.

Not Hiring A Knowledgeable, Experienced DWI Lawyer

DWI laws and charges are different in every single state, including Texas. Therefore, it is important to find a professional lawyer that is familiar with the different laws in your area and knows how to work with them most effectively. An experienced DWI lawyer also knows how to challenge the different types of evidence that are completely unique to DWI law.

If you are convicted a DWI, whether it be your first or second drinking-related incident, be sure to contact The Wilder Firm to ensure that your case is properly handled and that you obtain the best results possible for your DWI charge. In the end, your personal record and your wallet will thank you.

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When you are convicted of a DWI charge, whether it was your first, second or third offense, there will be several serious penalties and fines that you will have to deal with―court fees, community service, possible jail time, probation, etc. Understanding the rules and restrictions of each of these different penalties can be both confusing and overwhelming if you do not have an experienced DWI lawyer to help you along the way.

It’s also important to understand that, if you do not take proper preventative measures early on, the severity of these penalties can increase with the amount of alcohol-related incidents you have on your record. This is because the state of Texas determines the severity of its DWI penalties based on whether or not it is an individual’s first DWI charge.

One such DWI penalty that you may be faced with if you’ve already had prior convictions on your record is the requirement of an ignition interlock device.

This sobriety test is similar to a Breathalyzer in the fact that it detects whether or not a person’s blood alcohol concentration (BAC) level is at or above the legal limit of .08. However, unlike a portable breathalyzer test, an ignition interlock device is a small breath alcohol detector (about the size of a cell phone) that is attached to a car’s ignition. In order to start a car that has an ignition interlock device attached, a person must blow a clean breath sample below .08.

If a person blows into an ignition interlock device and has a BAC level of .08 or higher, they will not be able to start or drive their vehicle. However, Texas state law does not require that all people convicted of DWIs receive an ignition interlock device on their car. Here is a little more information about Texas Ignition Interlock laws:

How Does An Ignition Interlock Device Work?

An ignition interlock device is designed to prevent an alcohol-impaired driver (someone with a BAC level at or above .08) from starting and operating their motor vehicle that is equipped with the device. Once a person blow clean air into the ignition interlock, they will be required to submit periodic breath tests every 20 minutes. This is to prevent a person from enlisting a sober friend to start the car for them.

The interlock also maintains a record of successful and failed breath tests. They are also specially designed to prevent any tampering of the device. If the ignition interlock device shows that someone has attempted to tamper or circumvent the device, this could result in imposition of further penalties.

Who Requires an Ignition Interlock Device?

Generally in Texas, most judges will not assign an ignition interlock device to someone on their first DWI offense unless their breath/blood tests indicated an intoxication level that was at or above .15. However, if you are charged with intoxication assault or intoxication manslaughter (no matter how much above .08 BAC you were), you will be required by law to install an Ignition Interlock Device in your automobile.

For a second or subsequent offenses of a BAC of more than .15, the court will order the DWI offender to install an ignition interlock device on all of their motor vehicles for one year following the end of their license suspension.

Whether it is your first alcohol-related offense or you have several DWIs on your record, it is always important to enlist the help of an experienced DWI lawyer for your case. This will help to insure that your record is not significantly impacted by the related charges and that you only receive the necessary amount of penalties for your conviction.

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