When you are suspected of drunk driving, police in Austin and throughout Texas must still respect your constitutional rights. This includes the right to be free from any unreasonable search of your person. A search is considered unreasonable if law enforcement does not first obtain a warrant or establish there is some “exigent” or emergency circumstances that excuses the lack of such a warrant. Any evidence obtained by the police in violation of these requirements cannot be used against you at trial.
Family Law Attorney Serving Clients in Austin, TX
Whether you are going through a divorce and are concerned about how the court will make decisions about child custody, or if you have recently been accused of family violence and are worried about how it will impact your ability to maintain custody, an experienced family lawyer in Austin, TX can help.
Most of us, if we are out on the town, will do the responsible thing and call a taxi or a Lyft to get us home safely, especially if there has been drinking involved. However, it is not out of the realm of possibility that your driver may have had a few himself. If this happens, you have a couple of options with which to seek recourse.
Crimes involving family violence are a serious issue in the state of Texas that are aggressively investigated and prosecuted by authorities. When police respond to a call involving family violence, they often have to make spur of the moment determinations about whom, if anyone, to arrest. Unfortunately, this often results in innocent parties being arrested or prosecuted for crimes they did not commit. When this occurs, it is critical for people that have been accused of family violence to retain an experienced criminal defense attorney to protect their legal rights.
According to the World Health Organization (WHO), approximately one-third of women are victims of family violence. Family violence also regularly affects children and men and can cause serious harm. In addition, those accused of family violence can face serious criminal charges and potentially harsh consequences if they are convicted. It is important for communities to work together to reduce family violence and the following are five ways in which your community may start to make a difference.
Determining whether a driver is under the influence (DUI) of marijuana has long been an issue for law enforcement officers in the state of Texas. Unlike alcohol, marijuana intoxication is often difficult to detect and cannot be accurately measured through a roadside test like a breathalyzer. As a result, DWI convictions based on marijuana were often difficult to obtain. This may soon be changing, however, as CBS News reported late last year that a California based company has created a marijuana breathalyzer that will be able to measure that amount of tetrahydrocannabinol (THC) in a person’s breath. These devices are being developed largely in response to the perception of an increased problem with stoned drivers in states like Colorado and Washington that have legalized the recreational use of marijuana.
Drunk driving has serious consequences for the driver and, in many cases, innocent victims. Under Texas law, if a person operates a motor vehicle under the influence of alcohol or drugs and “causes the death of another by accident,” that is considered intoxication manslaughter. When committed by an adult, this is a second-degree felony punishable by up to 20 years in state prison.
In the past few years, “ride-sharing” services have become a popular alternative to taxis in cities like Austin. Companies like Uber and Lyft provide smartphone apps which allow people looking for transportation to connect with independent drivers. And while ride-sharing companies tout the social benefits of their services—including a reduction in drunk driving arrests—taxi companies and their supporters have pushed for more local regulation of these new competitors.
In 2010, a 61-year-old Texas man visited a local emergency room and presented with symptoms of “unexplained intoxication.” Although the man’s blood-alcohol concentration was nearly five times the legal limit for driving while intoxicated, he apparently had not had any drinks that day. Doctors suspected the patient was simply lying about his alcohol use, but during a subsequent controlled 24-hour hospital stay, tests revealed the man’s blood-alcohol concentration rose to 0.12 percent without ingesting any alcohol whatsoever.
If you are arrested for driving while intoxicated (DWI), it is no surprise to most people that they immediately acquire a host of problems. However, in addition to the legal difficulties, it is not uncommon for employers to fire employees who have been charged with something most people see as reckless and rash. You should be aware that in Texas, it is not only possible, but legal, for an employer to terminate you if you are arrested for DWI, though you can only help your case by knowing the ins and outs of the relevant law.