Tessmer Law Firm, Author at Tessmer Law Firm - Page 16 of 30
1
archive,paged,author,author-tessmer,author-1,paged-16,author-paged-16,ajax_fade,page_not_loaded,,qode-theme-ver-13.9,qode-theme-bridge,wpb-js-composer js-comp-ver-6.2.0,vc_responsive

Author: Tessmer Law Firm

DWI Fact #9: What happens to your insurance?   The amount you pay for car insurance depends, in part, on what your insurer deems your risk of being in an accident.  A DWI conviction indicates you are a high risk and you can expect your premiums to rise.  The State may request that you file a proof of financial responsibility form, otherwise known as an SR-22, before reinstating your driving privileges. Your auto insurer will file this on your behalf, for a fee.   More resources:  TxDPS - SR-22 Certificate...

DWI Fact #8:  What are the penalties for DWI?   The penalties for DWI vary according to the number of offenses and the circumstances of your situation.  For example, a first offender may be ordered to pay up to a $2,000 fine, serve jail time from 3 to 180 days and have their license suspended for up to 2 years.   The fines and jail time increase with the number of offenses.  You may also have to pay an annual surcharge to the State in order to keep your license.  If you are found guilty of Intoxication Assault or Intoxication Manslaughter, you will be...

DWI Fact #7:  Can I still drive?   To preserve your right to drive in Texas, you must request a hearing within 15 days of the date you were served with a Notice of Suspension. In most cases, this is the day of your arrest. If you timely requested a hearing to contest your license suspension, you will be able to continue to drive unless an Administrative Law Judge rules against you and authorizes the Department of Public Safety (DPS) to suspend your driver’s license.   If you lose at the hearing, your driver’s license will be suspended and you cannot drive unless you...

DWI Fact #6: What can you expect at court?   The initial court appearance is called an arraignment. At the arraignment, the judge may advise you of the charges and of certain rights that you have because you have been charged with a crime. Your lawyer may get an opportunity to look at the State’s file and at the police offense report to determine what the police claim that you did.   It is very important that you not wait for the first court appearance to seek legal advice and to hire a lawyer. Valuable rights and evidence that will affect the ability to...

DWI Fact #5: What will happen after you are arrested for DWI?   Generally speaking, following an arrest for DWI in Texas, you will be taken first to the police station or county jail. Once at the station or jail, you will be asked to submit to a breath test.  Or, if you have refused the breathalyzer, a warrant will be obtained to draw your blood.   Keep in mind, you are already under arrest and you are not going home if you take the breath test and pass. You will still be charged with driving while intoxicated by not having the normal use...

DWI Fact #4: What happens during a DWI stop?   Most people are stopped for DWI in the evening or early morning hours. If you are driving during that time and you get pulled over by the police, there is a good chance that you will be asked to perform tests and provide a breath sample.   When stopped, remember that the officer can only detain you for as long as it takes to complete the purpose of the stop. You do not have to answer any questions. In fact, answering questions may inadvertently cause the officer to suspect you are intoxicated.   Once the officer...

DWI Fact #3: How much is too much?  That’s the wrong question to ask because it assumes that there are a fixed number of drinks that are acceptable before you get behind the wheel. That is not the case.   For example, if you are taking medication, one drink could put you at risk. For some people, it often takes very little alcohol to become legally drunk and certain physical characteristics such as weight, gender and body fat percentage can all be factors in the equation. Eating can also affect your outcome – you are more likely to fail a blood alcohol...

DWI Fact #2: Mostly, DWI crimes are related to your BAC when operating a motor vehicle.  However, officers can arrest you for other alcohol-related crimes involving your vehicle.   For example, it’s illegal to have an open container of alcohol in the passenger area of your vehicle if you’re driving or parked on a public highway (Texas defines the “passenger area” as the area designed for people to sit in while traveling).  A simple open container violation results in a maximum $500 fine and a Class C misdemeanor. However, if you’re arrested for DWI and open container, you’ll get a Class B misdemeanor and a...

This is the season for all those holiday happy hours and parties, but don't let those holly jolly times have you making a mistake by drinking and driving!   This week on our Tessmer Tips blog, the subject is DWI Facts.   DWI Fact #1:  If you drink and drive and the only thing that happens is that you get charged with a DWI, you are actually lucky. It could be much worse. According to the Texas Department of Transportation, someone dies in an alcohol-related accident once every 5 hours. In 2013, Texas led the nation with 1,337 drunk-driving fatalities. It is easy to distance...

If you cannot comply with an order garnishing your wages or money in your accounts because of your military service, under SCRA you may request that the court temporarily stop your money or property from being taken. This right applies only to actions and proceedings that were commenced against you before your period of military service, during your period of military service, or within 90 days after your period of military service ended.   If your health insurance was canceled while on active duty, it can be reinstated without loss of benefits, waiting periods or penalties in most cases. Life insurance is...