The Strauss Law Firm Criminal Driving Defense

The Strauss Law Firm Defends Criminal Driving Vehicle Charges

 

Driving Under the Influence of Alcohol or Drugs (DUI)

Alcohol and drug-related traffic offenses, commonly known as driving under the influence or driving while intoxicated. An operator of a motor vehicle is considered automatically under the influence of alcohol if a chemical screening shows a blood-alcohol content (BAC) of 0.08 percent or greater. If under the age of 21, a driver in Texas is not able to test positive for any blood-alcohol content under penalty of DUI charges.

Driving Under the Influence Penalties in Texas

First Offense

  • Up to a $2,000 fine.
  • Jail time between 3 days and 180 days.
  • License suspension for up to 2 years.
  • Annual surcharge up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

Second Offense

  • Up to a $4,000 fine.
  • Jail time between 1 month and 1 year.
  • License suspension up to 2 years.
  • Annual surcharge of up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

Third Offense

  • Up to a $10,000 fine.
  • State prison time between 2 years and 10 years.
  • License suspension up to 2 years.
  • Annual surcharge of up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

Driving Under the Influence with a Child Passenger

If you’re convicted of Driving Under the Influence with a child younger than 15 years old in your vehicle, penalties include:

  • Up to a $10,000 fine.
  • Jail time up to 2 years.
  • License suspension for 180 days.

  If you have been arrested and charged with Driving Under the Influence call the Strauss Law Firm 24 Hour Help Line: 713-586-9200
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Driving Without a Valid or On a Suspended License

Penalties for Driving Without a Valid License:

1st conviction = A fine of up to $200.

2nd conviction in one year = A fine of $25 to $200.

3rd conviction in one year after second conviction = A fine of $25 to $500 and/or 72 hours to 6 months in jail.

Driving without a license, operating a vehicle without insurance at the time of the offense, and driver causes a crash resulting in serious bodily injury or death is a Class A misdemeanor punishable by a fine up to $4,000 and/or confinement in jail for not more than 365 days.

If you have been charged with Driving Without a Valid License call the Strauss Law Firm 24 Hour Help Line: 713-586-9200.
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Evading Arrest, Failure to Stop

A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him. An offense under this section is a Class B misdemeanor, except that the offense is:
(1) a state jail felony if the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section; or
(B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
(3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.
(c) In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law.

If you have been arrested or are under investigation call the Strauss Law Firm 24 Hour Help Line: 713-586-9200.
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Vehicular Assault, Vehicular Manslaughter

A person commits an offense if, in Vehicular Assault, Vehicular Manslaughter issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:

  1. commits family violence or an act in furtherance of an offense under Section 42.072;
  2. communicates:
    (A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;
    (B) a threat through any person to a protected individual or a member of the family or household; or
    (C) in any manner with the protected individual or a member of the family or household except through the person’s attorney or a person appointed by the court, if the order prohibits any communication with a protected individual or a member of the family or household;
  3. goes to or near any of the following places as specifically described in the order:
    (A) the residence or place of employment or business of a protected individual or a member of the family or household; or
    (B) any child care facility, residence, or school where a child protected by the order normally resides or attends; or
  4. possesses a firearm.
    (b) For the purposes of this section:
    (1) "Family violence," "family," "household," and"member of a household" have the meanings assigned by Chapter 71, Family Code.
    (2) "Firearm" has the meaning assigned by Chapter 46.
    (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
    (d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.
    (e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.
    (f) It is not a defense to prosecution under this section that certain information has been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies.
    (g) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault or the offense of stalking, in which event the offense is a third degree felony.

If you have been arrested or are under investigation call the Strauss Law Firm 24 Hour Help Line: 713-586-9200.
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The laws concerning any type of Driving Under the Influence of Alcohol are serious offenses in the state of Texas and can result in severe punishment including incarceration. There are enhanced minimum sentences when the offense is committed against a victim who is elderly, pregnant, incapacitated, in a public vehicle such as a bus or a train, between family members, when the victim is a law enforcement or correctional officer, and in other special circumstances.

 If possible it is in your best interest to have an attorney with you at the time of arrest. During arrests, mistakes can occur than can both violate your legal rights and hinder evidence that could be used to defend you.   Assault cases require not only an experienced and knowledgeable attorney with good defense strategies but an attorney is familiar with the local courts and law enforcement agencies.

CALL NOW AND SEE WHERE YOUR CASE STANDS!!!!!

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Brandon Strauss
The Strauss Law Firm
1001 Texas Ave, Suite 710
Houston, TX 77002
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Office: 713-223-9100
24 Hour Line: 713-586-9200
Fax: 713-223-9103
 

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