Month: August 2016

Texas: The Difference Between DUI and DWI

no alcohol signWhile in many states there is no differentiation between DWI and DUI, there is a very distinct difference in the state of Texas. DWI stands for driving while intoxicated and DUI stands for driving under the influence. However, the difference in what charge is used has to do with the age of the driver.

DUI, in the state of Texas, refers to the zero tolerance policy of alcohol consumption for anyone under the age of 21. A person under 21 years old who has any detectable amount of alcohol in their system may be arrested for DUI. They will be considered driving under the influence even if they are far below the .08 percent blood alcohol level.

Texas DWI applies if you are of the legal drinking age (21+) and you fall under the stipulations of intoxication. You will be considered intoxicated when your blood alcohol level is .08 percent or greater or you are noticeably impaired. Someone under 21 can also be arrested for DWI if they are driving legally drunk. However, because it is harder to prove a DWI case, persons under 21 are often arrested for DUI.

If I Am Facing DUI or DWI Charges?

In either situation, whether you are facing Texas DWI or DUI, it is important to realize the seriousness of the arrest. The implications are far reaching in both scenarios. You should contact an experienced attorney immediately to pursue your legal rights. If you need to talk to an attorney about Texas DWI or DUI today, contact Paul Previte for a free consultation at 817-335-4357!

The Constitution, Arrests & You

open handcuffs The Constitution of the United States of America protects US citizens from governmental overreach. One of the ways it does this is by explicitly outlining the rights of someone accused of committing a crime. Many people may be familiar with the first ten amendments to the Constitution, commonly referred to as the Bill of Rights. However, you may not know that the main subject of the Bill of Rights is the rights of someone charged with a crime. That’s right – five of the ten amendments are concerned with your rights after being accused of committing a crime.

Fourth Amendment

Two protections are given under the fourth amendment – a prohibition of unreasonable search and seizure and the requirement for probable cause to issue a warrant for a police search.

Fifth Amendment

You may be familiar with the term “pleading the fifth.” This term refers to the right of Americans to refuse to testify against themselves in a court of law. Additionally, the amendment provides that all felonies must be tried under the indictment of a grand jury. Finally, the fifth amendment prevents the government from trying someone for the same crime twice, known as the double jeopardy clause.

Sixth Amendment

This amendment establishes the right to a “speedy and public trial.” This simply means that someone accused of a crime is entitled to face their accuser in a public trial and defend their innocence.

Seventh Amendment

Considered one of the most straightforward amendments. the seventh amendment guarantees the right to a trial by jury in civil cases and prevents courts from overturning findings of fact made by a jury.

Eighth Amendment

The Eighth Amendment establishes a defendant’s freedom from excessive bail. Becuase the United States justice system operates on the premise that defendants are innocent until proven guilty, defendants must be granted bail or they would suffer undue punishment. Simply, if the defendant has not been convicted of a crime, they cannot be detained by the government.