Categories
Houston and Texas

A Drunk Driving Conviction Can Ruin Your Future

Johnathan is a college student in Austin, Texas. He is majoring in psychology in hopes of getting his BS so he can go on and get his masters and Ph.D. He has high hopes of becoming a clinical psychologist. His colleagues are also quite impressive as well. Jennifer wants to be a doctor and is taking pre-med courses and studying for the MCAT.

Michael, on the other hand, is passionate about becoming a lawyer and is a political science major. Three of the students are ambitious and often hang out on the weekends. They are best friends and love to party. All three of them are 21 and decided to go to a bar and drink some beer.

After a couple of beers, they decided to take shots of tequila. They were very wasted, but not quite aware of their condition. Johnathan decided to drive everyone home even though he was very drunk. The bartender tries to stop them, but he got punched in the face.

Johnathan took the keys and both of his colleagues in his car and drove a couple of miles. He wasn’t aware of what’s going on, but he hit a car with a couple and their three children. The couple was severely injured, while the three children were able to survive. Unfortunately, both Jennifer and Michael died of blood loss. Driving while intoxicated is no joke and because of Jonathan‘s action, he has possibly killed a couple leaving three children to become orphans, and also killing his two best friends who have a bright future.

So what are the consequences and information about drunk driving in Texas?

How much is too much?

Impairments usually begin with the first drink. It all depends on your gender, body weight, and the amount that you have consumed. If you are a female, lightweight, and have a couple of shots. Then that is enough to get above the alcohol limit. Sometimes, it’s very hard to tell if you are drunk, sober, or buzz, so it’s best not to take the chance behind the wheels. It’s important to eat some food and rest for a couple of hours before driving. If anything, you can have a sober friend who did not consume any alcohol to drive you.

The law on DWI

In Texas, an individual might be legally intoxicated and can be arrested and charged with a DWI which stands for driving while intoxicated. The blood or breath alcohol concentration which is known as BAC should not be over .08. However, an intoxicated person can be charged with a DWI if they are impaired due to alcohol or drugs regardless of the BAC number. Whether you are the driver or passenger, you can be penalized with up to $500 for having an open can of beer or any alcoholic beverage in the vehicle.

DWI with children in the car

If you are carrying a passenger under the age of 15 and are intoxicated with alcohol, you can be fined up to $10,000 with up to two years in jail. This can also lead to a loss of your driver’s license for 180 days.

What happens if you are stopped

If you are pulled over by the cop, be ready to show your drivers license, vehicle registration, and proof of insurance. If you refuse to take the BAC test, then your driver’s license can be automatically suspended for 180 days. The punishment for a DWI depends on a number of situations. If it’s the first offense, you can be fined up to $2000 with three days to 180 days in jail with the loss of your driver’s license for up to a year. You might need to pay an annual fee of $1000 or $2000 for about three years to get your drivers back. If it is a second offense, then you can be fined up to $4000 with one month to a year in jail. You can lose your drivers license for up to two years and pay an annual fee of $1000, $1500, or $2000 for three years to retain your driver’s license. The third offense is about $10,000 fine for up to 2 to 10 years in prison with a loss of drivers license for up to two years. The annual fee is the same as the second offense. If you obtain two or more DWI within five years, then you must install an ignition switch that can prevent you from driving if you are intoxicated.

Conclusion

Alcohol is everywhere., it’s a wonderful beverage to have fun and chill with your friends. However, it’s important to drink responsibly. Driving while intoxicated in Texas can lead to serious consequences. Even Jonathan has suffered punishment from his actions. He lost both his friends and his future of becoming a clinical psychologist. He had to pay a major fine, got his license suspended, and spent some time in jail. He had put the lives of others in danger and is now regretting his actions. The safest solution is not to take the sip of alcohol, but that can be very difficult if you are with your friend. After a couple of sips, it’s best to rest for a couple of hours with some food and water or you can call a reliable friend to drive you home. You have a bright future, so don’t let one little mistake ruin it.

Categories
Crime Houston and Texas Lawyers & Attorneys

Texas Law & Sexual Assault; An Overview

Sexual assault is expressly defined under the Texas Penal Code Section 522.021. The Section also contains what propels an assault case to be an aggravated sexual assault. This offense is considered more serious compared to the normal assault. It brings with it a heightened punishment. Attorney Jack B. Carroll, a lawyer that’s consistently seen at the Harris County Criminal Justice center defending people with aggravated sexual assault cases, believes that most people that are accused of a crime involving sex are assumed to be guilty and are in dire need of an experienced criminal defense lawyer.

Sexual assault victims have a lasting damage that often traps them in the same actions mentally. Did you know that psychological injury might be more worse compared to physical injury? If you’re convicted criminal, you’ll often be put on a registry of a sex offender. These crimes normally last ages. They last their entire lives both in the system and on paper.

Aggravated Sexual Assault

And The Texas Penal Code

Under the Texas Penal Code, sexual assault happens when an individual recklessly, knowingly or intentionally causes harm to another individual and/or threatens to harm another individual via sexual attack without his or her consent. In contrast, this offense comprises of the mens rea of knowingly or intentionally. Consequently, there’s no conviction of you only acted recklessly. Moreover, aggravated sexual assault consists of oral, anal, or vaginal penetration.

Sexual offense with physical attack

Serious forced physical attacks coupled with sexual offenses have a tendency to have heightened penalties when convicted. Most factors might contribute to more serious crimes. Attempting to kill someone or brutally harming an individual physically is considered severe. The other serious offense one can commit under this law is planting fear in a victim in such a way that they fear for their life. The state of fear such as kidnapping might be constant or momentary. Committing these acts with multiple partners or with a partner might cause a higher penalty when convicted.

You might incur additional punishments if you use drugs for sexual escapades involving the disabled, old or young.

What about the consent of the victim?

According to the law in Texas, one gives up his or her consent when he or she is threatened. The fear of lasting damage, dying, or being hurt forces an individual to think about surviving only. When someone is required to take part in such actions, the law doesn’t consider it as consent or permission. The threat of potential harm usually looms over them. If the object of harm has connection with an attacker or not, any negative response to prospective sexual acts is normally considered inconsequential.

Defenses to Sex Crime Allegations

Here are some of the defenses against this offense:

  • The defendant was the child’s spouse when the offense was committed
  • The defendant wasn’t any more than 3 years older than a child when the offense was committed
  • The said conduct comprised of medical care for a kid

Sentences and Penalties

Typically, a sexual assault is a 2nd degree felony. It carries a sentence of 2 – 20 years inside a state prison and/or $10000 in terms of fine. Nonetheless, a judge might elevate the crime to 1st degree felony if a victim was with an individual whom a defendant was forbidden from marrying or living under a marriage with the victim. A 1st degree felony in this state is punishable by 5 – 99 years inside a state prison and/or $10000 in terms of fine.