Sunday, February 10, 2013

A Brief Guide on How to Find a Great Houston DWI Lawyer


First, it is not a crime to drink and drive; however, it is a crime to drive with a blood alcohol content of .08% or above, which is the legal definition of “driving while intoxicated.” It is also important for you to know your rights if you have been pulled over or have gone through a checkpoint. While you have the right to refuse field sobriety tests, breath tests, other field tests, and failure to comply with such situations can complicate your case. The sad reality is that most police officers know that the majority of civilians do not specifically know their rights. Because of this, many people who are charged with a DWI give up all their rights in fear. It is a catch-22 situation – what do you do? Do you comply with the tests even if you fail, or do you refuse, go to jail, and reap the harsher penalties as a result? For the best outcome, it is wise to consult with Houston DWI attorney Herman Martinez; but, if you cannot do so at the time, here are some tips if you are ever suspected of a DWI:

 •   Field sobriety test – You have the right to refuse to do the the field sobriety test. This could entail a number of things, which are up to the officer's discretion. He/she may ask you to say the ABCs backwards. He/she may ask you to follow the light to see if your eyes are dilating “properly,” even though he/she is not a doctor. The officer may also ask you to stand on one foot and count to 50. You have the right to refuse all of it. All you need to say is, “At the advice of my attorney, I do not need to do any of this.” Yes, it may mean a trip to jail for the night, but there will be less evidence to add credence to your case.
 •   Breath test – Again, you have the right to refuse. There is a distinction between age, the BAC(blood alcohol content) level you “blow,” and the penalty associated with it, so comply if you can – but, not doing so will result in harsher penalties if convicted.
 •   The interview – You do not have to answer any questions that incriminate you. “How much did you have to drink tonight?” for example. You can simply reply, “At the advice of my attorney, I do not need to answer any questions.”

If you refuse everything, spend your night in jail, and hire a Houston drunk driving lawyer, and things should go a lot better than if you don't. Refusal will give you a definite night or so in jail, but it will also provide the prosecution with a lack of evidence to convict you. Hiring Houston DWI attorney Herman Martinez can help immensely in this situation, as his experience has helped many escape jail time. The final thought is the old cliché: Don't drink and drive! But, if you ever find yourself in need of a Houston DWI lawyer, call on Houston DWI attorney Herman Martinez for a consultation. Honesty, integrity, reputation and reliability is what you need on your side to defeat – and possibly throw out – this criminal and civil charge!


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