Thanksgiving weekend is one of the most popular weeks for Thanksgiving DWI arrests within the year. This is because many individuals will enjoy a glass of wine or two with dinner and then consume beer while watching football. In addition, an individual may consume a holiday drink or two over the course of the night. By the time he or she is ready to drive home, the individual may be well over the legal limit. Every year, police forces put out large numbers of patrols to watch for Thanksgiving DWI offenders that are making their way home after a Thanksgiving celebration.
Ironically, “Black Wednesday,” which is the day before Thanksgiving, has also become a popular day for drinking. According to the Sun-Sentinel, this has become one of the biggest alcohol drinking nights of the year, second only to New Year’s Eve. Researchers say that Black Wednesday encourages drinking for a variety of reasons. For one, relatives are in town, and for another college students are home. Also, there is no work on Thursday, so individuals are partying and decide to drink without worry that they will have to go into work hung-over.
Many restaurant owners and bar owners say that they are specifically preparing for Black Wednesday by offering special deals that night. Yet it is important for these drinkers to remember that they need to be wise when they choose any alcohol. Driving home intoxicated may result in a DWI charge, which will then inevitably result in arrest. If you have been arrested for a Thanksgiving DWI, then you need a dedicated attorney and former prosecutor on your side. At
The Martinez Law Firm, you can trust that you will have the aggressive representation that you need to work through your charges effectively. Call the firm today to learn more!
Some states don’t recognize vehicular homicide as its own specific crime, but Texas is one of the states that will uphold this specific offense. In the state of Texas, a person who is convicted of vehicular homicide faces between 2 to 20 years in prison. Vehicular homicide is the act of killing another victim in a crash that was partially due to drunk driving.
If the drunk driver survives the accident, he or she can be charged with this very serious felony. Laws in each state vary greatly on the idea of vehicular homicide. Some states take the offense very seriously and will force individuals to serve up to 99 years for the crime.
Specifically in Texas, vehicular homicide is also referred to as intoxication manslaughter. This is normally a second-degree felony and will result in at least a mandatory two years of prison time. Individuals can serve a sentence of up to 20 years for this singular crime, but cannot sever more than that. Also, Texas has a $10,000 maximum for fines associated with intoxication manslaughter.
If an offender kills more than one person during a drunken-driving accident, then he or she may be sentenced for multiple intoxication manslaughter charges. This can duplicate the sentence, eventually resulting in a life sentence for those who have killed multiple people in a car crash. If you have been arrested for an intoxication manslaughter charge, the best move you can make is to hire a dedicated and hardworking Houston DWI attorney to represent you in your case.
Criminal Defense Attorney Herman Martinez is a Former U.S Chief Prosecutor, so he understands both sides of DWI law. If you have been arrested, he can use his intimate knowledge of both sides of the justice system to advocate for your innocence or the dismissal of your case. Herman Martinez will do all that he can to reduce your charges or eliminate your possible sentences, so partner with the lawyers at this firm today!
With the holidays approaching, law enforcement will be on high alert for
the increased number of drivers who are operating a motor vehicle while
intoxicated. Do not let a DWI ruin your holiday, drinking and driving during the holiday can be very dangerous. Furthermore, in some locations, the police presence will be extremely high.
If you are stopped for DWI, you may feel intimidated and scared. Although just being stopped is a good indication that you may be arrested, there are some things you can do to lessen the possibility of arrest and improve your chances in court if you are arrested.
Of course, you should never drive if you are intoxicated. However, even
a small amount of alcohol in your system can mean that you could be considered at fault for any accident that occurs and you could still be arrested for drunk driving even if you are below the legal limit. And it doesn’t take many drinks to exceed the legal limit, much depends on your body weight and how much time has elapsed since you had your last drink. If you are going to drink, even socially, then you need to realize that you
could be stopped for DWI.
Remember that a vehicle that appears to be in disrepair, is excessively
loud or that has any burned-out or broken lights, will attract the attention
of police officers who are keeping an eye out for dangerous drivers. Drivers who fail to obey traffic laws by speeding or ignoring stop signs will
also draw the attention of law enforcement, as will a driver who appears
to be weaving or erratic.
Even if you are not driving erratically, you can be pulled over for something as simple as a broken tail light, or some other minor infraction. At that point, if the officer believes you are under the influence, he may ask you to perform field sobriety tests. Failing these tests gives the officer probable cause to arrest and to request a Blood/Breath Alcohol Content (BAC) test. If you fail this test the DWI ruin your holiday.
If you are arrested for DWI, be aware that this is a serious charge that could seriously disrupt both your personal and your professional life. It could mean jail time, probation, your car insurance may increase, and a mark on your reputation that could have a detrimental effect on your career and your family life.
If you let a DWI ruin your holiday and get charged with DWI, you need an advocate working to defend you. Herman Martinez is a skilled DWI Attorney who is certified by National Highway Traffic Safety Administration (NHTSA) to administer the same field sobriety tests that the police use to base arrests on. This expertise makes him particularly adept at finding inconsistencies and irregularities in these test results.
If you have been arrested for DWI, don’t put your future at risk. Seek
the best representation for your case. Contact us for a consultation today
Please keep in mind that the DWI reinstatement fee only needs to be paid
if you lose your license. The main reasons a person loses their driver’s license in Texas for a DWI is because they lost their ALR hearing, they were sentenced to jail time instead of probation, or they have more than one DWI conviction. Regardless, a person does not have to pay a reinstatement fee if their driver’s license is not suspended. As experienced Houston Lawyers, we frequently save a person’s license by winning their ALR hearing regardless of the fact if they blew over the legal limit or a blood test was performed.
There are many DWI field sobriety myths surrounding how these tests are to be performed, and what it takes to pass them. As a Houston DWI lawyer, I review DWI field sobriety tests daily. It troubles me how police officers score these tests, and how they lack the necessary detail in their reports. By routinely doing this, it illustrates their lack of knowledge of the DWI tests and their zeal for a DWI arrest.
The officers mislead the prosecutors by omitting crucial information and subscribing to the field sobriety myths that have developed over the years. For example, officers routinely state that a person uses their arm for balance when performing the DWI field sobriety tests and indicate that as a clue. However, a person is allowed to use their arms for balance so long as it not more than six inches away from their side.
In fact, during the instruction phase of the walk and turn test a person
is allowed to use their arms for balance so long as they maintain the
start position. Another myth is that a person must touch heel to toe when
performing the walk and turn tests. This is incorrect a person is allowed
a half an inch between their heel and toe when performing this portion
of the test. Most officers do not realize this despite it being in their
manual for DWI detection. With the help of an experienced
DWI Attorney you should be able to sort through DWI field sobriety myths and uncover the officer’s lack of knowledge of the field sobriety tests.