The Suspicious Person - A Police Officer's Way to Stop YOU!

But what exactly is "suspicious" an officer?

As a Texas peace officer, I have heard many classmates stop "suspicious vehicle" and "suspects" on several occasions. I also heard our shipping dissemination of calls from citizens about "suspicious" activities in their neighborhood. That said, as I personally Austin criminal defense "has never engaged in one of these" suspects is no longer, I think is reasonable well. This canbe more of a personal faith than anything else, because I know that officials are authorized by law "and suspect vehicle stops, and I also know that making the officers, as Any others can also" stop talking " a person ... and that person can simply ignore the officer and feet. But, I must be something about that, you can "suspect" and compiled the list, but in general everything seems a bit 'out of the ordinary for a given site at a particular time of day may indicate a thought criminalactivity. This first list is what I would consider "obvious suspicious" activities and I have no problem in stopping these sorts of people:

A stranger entering your neighbor's home or property when the neighbor is not home.
Screaming or shouting may signal a fight, robbery, rape, etc.
Offers of merchandise at ridiculously low prices could mean stolen property.
Person removing car parts, license plates, or gasoline are considered suspicious.
A person looking into parked A car trying to steal a car or valuables visible inside the left.
People entering or leaving a business after hours may be burglars.
The sound of braking glass or other loud noises could mean an explosives accident, theft or vandalism.
Housing people loitering around schools, parks, secluded areas or in the neighborhood could be sex offenders' is "for crimes, or can act as a lookout.
People in the neighborhood who do not live thereBurglar could.
People who claim to be representatives of public utilities (gas, telephone, water, electricity, cable), but not in uniform or any identifying company May Be thieves.
Anyone tampering or forcing entry into a building or vehicle.
Open or broken windows and doors of a house or business.
Gunfire, screams, the sounds of battle, hunting for other people on foot or by car, dogs barking unusual - foul suspicion, danger, disturbancepeace, or criminal activity.
Any vehicle without lights at night, cruising slowly, or following a course that seems aimless or repetitive is suspicious in any location, but particularly so in areas of schools, parks, and playgrounds.
Apparent business transactions conducted from a vehicle, especially around schools or parks and if juveniles are involved.
Persons being forced into vehicles.
A person exhibiting unusual mental or physical behavior may be injured, under the influence drugs and / or alcohol, or who needs psychiatric help.

These are the less-than-hand "suspicious activity":

Not every stranger who comes near you is a criminal and may be a perfectly legitimate reason for their activities. You've never seen a new type of car and wanted to check the inside, so you looked through a window past a walk? Or you're on a walk, tired and stopped at a rest stop notintending to take the bus. The following are some situations you might see and what they might mean, but do they rise to the level of "suspicious" that officers should be involved?

A person loitering in front of a home or business if the residents are away or if the business is closed.
A person who is running and does not appear to be exercising, especially if carrying property.
A person carrying property at an unusual hour, in an unusual place, if the person appears to be tried to conceal the property, or if the property is not wrapped as if they just bought.
Heavy traffic to and from a particular room may indicate drug activity or a "fence" operation (buying and selling of stolen goods), if it occurs regularly.
In the course of vehicle "repair" in relation to a non-place.
Parked, occupied vehicles are impressive, especially when seen in odd times.
The abandoned vehicle parked on the unusualblock.

While some, if not all, of the suspicious circumstances described above could have logical and legitimate explanations, officers will state that they would rather investigate a potential criminal situation and find nothing than be called after it is already too late and someone has been victimized. While this is a noble goal, it is critical that officers remember that this is a free society and that what may be unusual to one may not be out of the ordinary for someone else.

The first list set out above is one that even I, as an Austin Criminal Defense Attorney will agree with and do not question an investigation by police officers. However, while I was a uniformed officer myself, I questioned the stops made by other officers from this second list and sometimes felt disturbed that citizens would call to report activities like these.

I want to address each of these in the order listed to explain my position and reasoning. As to the person Loitering in front of a closed shop or a house if the occupants are absent, the first question I have: "Where is the person?" If the person "suspected on the sidewalk, this is not a public space where everyone has the right at all times? However, if the person or peek in the windows shook the door, then it is contained in the first list. However, to further complicate the question. If the person is on the lawn, is that suspicious? I think a stronger case is thatbecause of internal peace could now be included, but if the landscape is part of a public car park, however, does not change the facts and make them less suspicion?

The second is on the list, obviously, not performed during exercise (especially if the performance of the property). What is "obviously not exercise?" Maybe the runners can not afford the latest sports equipment and is something many of us do not consume. But this does not suspect him. Well, to emphasize the possession ... WhatProperty type? Most people run with an iPod, cell phones or correct any personal device? If the current investigation? I admit that if someone on the street running, with a DVD player - which is a bit 'suspicious and out of place, but honestly, I did not like the almost three years ago that happened, I worked as an officer.

The third element of the list is a collection of some "suspicious" actions. Without too much detail, I think we all agree thatcommon sense is what is needed here. If we are looking at an item is being unwrapped, not everything purchased is "new" and not every purchase comes packaged in a wrapping. The most troublesome for me is what is the "unusual time or place?" If the person works different hours than most people, and is out doing something at night because that is his schedule, does that make it "unusual"?

The 4th point is relatively straight-forward. Yes, heavy foot traffic may constitute evidence of ongoing criminal activity, but depending on where you can not, for example, a house near a university campus or "sorority Row" ... doubtful. A house with young people to live in it, which is near the school or very active members of various social organizations, probably. Bottom line, do not try too nosy neighbors bodied employee who is always throwing stones at someone else and not your business .... will

The motor vehicle repair point bothers me a lot. Yesit may violate a Homeowner's Association rule, but that is not criminal. Chop shops are not going to be out in the open. They are going to be tucked away where only the people using them know about their location, and it is doubtful that a chop shop is going to front as a mechanics business in the middle of a neighborhood. Just because someone cannot afford a spot in a commercial district for a mechanics shop, does not mean they are engaging in illegal activity. If this really bothers you, consider a complaint against them discomfort, but require law enforcement is just tacky - officers are too busy to call as follows to run!

Finally, I combine the last two issues: parking, abandoned the vehicle and a parked vehicle occupied, which can be seen in "unusual" hours. Once again I want to concentrate on what is "unusual" ... but a question of common sense should be able to cover them. And if it is a problem for the people "parking" ... Please get a life. Or ifis offensive, why must you think of yourself as the "moral police" and get into their business?

Lastly, I appreciate what officers do, as I too worked in the field for almost three years. But now that I am an Austin Criminal Defense Attorney, I question some of the actions of other officers, and I did this when I was there... that is probably one of the reasons that I wanted to leave. After all, I think it much better for 100 guilty people to go free than one innocent be arrested/accused.

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Cases of rape

cases of sexual violence can be a complicated question for those who happen to be involved in one. There are many things wrong with your case of rape further cause for concern. You can feel the fear of what will happen next, but you must understand that there are many parts of your case you cared. For all the details of your event, do one of the best things that you, in order to protect yourself and your family to the situation that may be registered

DefineRape is one of the hardest things you can do, because you know the difference between someone wants the sexual act and will not understand you. Legally, it is rape as sexual intercourse or any type of sexual penetration that occurs is defined without the consent of the people involved. This means that a person who forces someone to say a kind of sex without that person, yes. The difference between sexual violence and rape is not alwaysclearly defined, as there is a very gray area that defines the differences between the two.

There are two types of rape, depending on the type of situation you are involved in statutory rape is one of the worst things that could happen to a child. Statutory rape is defined as the strength of having a child or a person under the age of consent to any kind of sexual relationship with another person. The age of majority is not technically defined any legal approach, asSuch controversy about what should be the age of consent technical. The average normal for this age of consent is usually 16 to 18 years. Typically, each case is individually rape based on the type of situation is addressed. Each case had a rule in their information to determine which type of case and agreement with the ideas to help. The other type of rape as rape is defined as including all persons aged 18 years, is technically statutory retirement age in the United States.

Rapecan be a difficult case to handle if you are going to be poured into all the details of the case. You must make sure that you speak with your lawyer and keep open communication so that your case is going as good as possible.

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The importance of obtaining a permit for concealed weapons

The debate on the acquisition and possession of weapons in the United States has a history and plans unsolved until now. While the debate rages, they are still allowed people to acquire and own guns to protect their property for hunting and gathering. In Texas and other states, it is important for individuals to carry concealed weapons on legal persons if they have to do the right license.

It is very important to realize that individualsGravity to obtain a license before holding a gun in a secret way. If a person is shot with a pistol without a license, permit or caught wearing in a hidden way, without the law, he or she may be subject to criminal charges of weapons possession. These criminal charges can be fined, the result of probation, revocation of licenses for weapons and even imprisonment.

For a concealed pistol license in Texas, applicants must often show proof of residence in the State for aAt least six months. Individuals can show such proof, in the form of leases, bills and official documents showing the address of the person in the state. People are often necessary to ensure proper identification, driving licenses, social security cards or other forms of government can prove also issued photo ID.

Persons convicted of crimes of violence or other types of weapons convictions, may not apply for a pistol hiddenLicense if the conviction occurred within the last ten years. The laws require that only be granted to make a good reputation with the law and a clean record for the decade before the law of a gun on his person. While many people are unaware of those DUI offenders and people may also have been found to hide weapons of DWI denied the right to make.

Search for a concealed weapons should be brought in the rule necessary authorization, weapons safetyThe classes, which usually belong to fifteen hours of instruction on rules and regulations of the State. At the end of courses, an applicant must wait a period of sixty days to make the application process and acceptance or rejection will be completed.

It 'important to remember that you always have the appropriate licenses to the first implementation of a concealed weapon. There is also the licensee to be aware of government buildings, schools and mainother places that do not allow people to carry arms NCOs, even if they have to allow concealed weapons. If you want to know more about possession of illegal weapons and weapons permits, visit the website of the Austin criminal defense counsel Ian Inglis.

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Cops and Lying

It is fascinating to me that a cop would ever consider lying about a case. Granted, there is not a lot of information in this posting that let's us know what the lie was, but as a former prosecutor for the Travis County Attorney's Office, I understand that it must have been quite a substantive lie or misrepresentation for the DA's office to VOLUNTARILY OFFER to vacate the conviction. Normally, a criminal defense attorney would be the one moving to have a conviction vacated, NOT the DA!

KXAN reported that an Austin police officer is under investigation for allegedly lying about a case that led to the criminal conviction of an Austin man.

Ernest Smith was convicted in September on drug charges, but the district attorneys office learned something was wrong, and it had to do with one Austin cop. It's unclear exactly what this officer may have lied about, but it was big enough for the district attorney to do something it rarely does.

The district attorneys office initiated a conversation with Smith's defense attorney and offered to vacate a judgment on his conviction based on new information. Essentially, Smith's conviction from September is going to be withdrawn. APD and the DA are not sharing too much information with KXAN either but we do know this... Sources say that officer lied about something in the drug case, so District Judge Bob Perkins dropped the case entirely some three months after Smith was convicted.

But friends of his say it's too late. That's because Smith is still in jail on unrelated drug charges. It's also unclear how this might affect the other cases this accused officer is involved with.

It is fascinating to me that a cop would ever consider lying about a case. Granted, there is not a lot of information in this posting that lets us know what the lie was, but as a former prosecutor for the Travis County Attorney's Office, I understand that it must have been quite a substantive lie or misrepresentation for the DAs office to VOLUNTARILY OFFER to vacate the conviction. Normally, a criminal defense attorney would be the one moving to have a conviction vacated, NOT the DA!

Now, why is it fascinating to me that a cop would lie in a case? Simply put, we have nothing to gain by lying. If a case is not strong enough to warrant a conviction, then the person should not be convicted. It does not reflect negatively on the officer that one of his "collars" or persons arrested is not convicted, unless of course said officer is on an "ego trip" and takes the lack of conviction personally. Consider the following scenario (written in an imaginary police report):

1) Officer responds to a disturbance at an apartment complex, where it is reported a Suspect is selling drugs.

2) Officer meets with the Suspect first and justifiably conducts a "pat-down" or "frisk" of his outer clothing to ensure there are no weapons present that could endanger the officer.

3) Officer feels a lump in the Suspects pocket and based off the officer's "training and experience" realizes that the substance is an illegal narcotic. Now, we have invoked the "plain-touch" rule... a close cousin to the "plain-sight" rule...

4) Officer reaches into the pocket and pulls the contraband out and arrests the Suspect for possession of the narcotic...

5) Valid arrest?

Setting aside any political or personal agendas, the above scenario is almost a textbook setting for what happens to officers on an almost daily basis. Agreed? I will guarantee that somewhere in this great State of Texas that there is at least one person arrested under facts like these every day! Now, fast forward to trial...

The Officer testifies to the above facts but during the direct examination of the prosecutor, the officer embellishes a little bit on the story. In fact, the Officer says, "Ya, the Suspect resisted me when I tried to handcuff him. In fact, he pushed me in the chest, and because of where his hand hit my sternum, it caused pain."

At this point, the officer has testified to elements that would warrant filing assault on a peace officer on the Suspect. But, it is critical to determine whether the facts of the resisting were in the report? What about the pain? The injury? If not, trust me, it did not happen. That is the most basic of training that police officers receive in an academy... write in detail and be thorough. Do not omit facts.

So what, you may be asking, what does this do to the officer? Won't the Suspect still be convicted for the drug possession, even if the the resisting charge is dropped or never filed? Yes, probably... but I challenge you to consider this, "Should Suspect be convicted or should he receive a stiffer punishment based off the facts now presented?"

Now I could go on for pages debating the last question, but I won't... I want you to think about it.

To summarize, what happened here is the officer may have merely made a mistake by omitting the facts from the report, and if that is what happened, that is what he should have explained. Or, he could have truthfully stated that he did not remember the details and left the case alone ... but above all things, the officer should not lie about the facts of the case or enhance them with more detail ....

After all, what does the officer bring to the witness stand: Credibility? Integrity? A willingness to "protect and serve"? Or, is it more of a desire to "win at all costs"?

I challenge anyone reading this, especially cops, to consider what it is that they stand for and why they do the job that they do... as an officer, I assure you, I care more about my credibility and integrity than I do a desire to "win" a case. In the end, it does not matter to me if the person I arrested is convicted. For me, what counts is that I did my job and that I did not violate anyone elses rights. And as for the person that I took to jail in a given shift, that person is not sub-human... they just made a mistake ... or they just got caught... but to lie or even stretch the truth a little bit... that brings an entire system of justice crashing down on itself...and brings the officer's credibility down, jeopardizing every case he has ever touched!!!

In the end, I am a Texas attorney. I am also a Texas cop. And, I do believe that the system works, when all the parties to the system fulfill their respective roles. But, I also am excited when I see that someone, taking advantage of his position or authority, loses credibility and is dismissed or disciplined. Yes, I am a defense attorney. Yes, I am a cop. But first and foremost, I am an honest person who believes in doing what is right and just under the law, and I challenge others to do the same....

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Consensual crimes - crimes not now

While many violent criminals and white collar criminals run free and innocent people rot in prison and on death row for crimes not committed, law enforcement resources are used, the lives of consenting adults that do not harm anyone destroy. An article I proposed provisions that about four million people are arrested and 350,000 a year in prison for consensual crimes.

I believe that a "consensual crime" as a criminal act committed by two or definedmore people who agree to participate, and does not include persons against their will. The following is a non-exclusive list of offenses that can be agreed between the parties could prostitution, adultery, homosexuality, sodomy, gambling, some drug use (marijuana) and assisted suicide.

Another name for this type of crime can "victimless crime, why not do anyone any harm, they do not cover a subject other than those who decided to commitActivities. So there are no victims.

If people are arrested for these crimes, their ability to remain gainfully employed, is at risk. A sentence is passed virtually guaranteed the loss of their livelihoods. After his release from prison, the criminal may prevent them from finding a new job.

Although it is not a crime to pay, the record of arrests only significantly damage their lives. He, too, can lead to loss of jobs and difficulty in finding new lead, and caninterferes with other aspects of their lives, like the ability to obtain credit, buy a car, rent an apartment, get custody of children or to vote.

Therefore, the financial consequences of a conviction or arrest these people, they need long-term support from the government or charities. Or it can lead to serious crime, according Resort, what they learned from real criminals in custody. This is all a big burden for the economy and, in addition to the cost of arrest,The persecution and imprisonment of them.

In order to avoid conviction and imprisonment, the accused may have to spend thousands of dollars in legal fees. For certain offenses, can perform the amounts to tens or hundreds of thousands of dollars. If case together with the financial possibilities for themselves and their families have nothing to consider suicide, and some may see it as the only way out. If this is the action of the defendants is the company that has an impact from the loss of productivity and, more importantly,Impact on family and friends of the accused.

Government prepared for all disorders of protecting the lives of consenting adults "them of possible consequences that may occur - and only them - from their freely chosen actions.

Since these arrests the lives of innocent people, can devastate an strong argument that Christian charity, taught by grace of other religions and philosophies, is reason enough to leave consenting adults to be alone, but the ironyrare to see is that often the Christian principles on behalf of these laws exist or persecuted ....

Law enforcement resources are wasted investigative steps consensual

Government's attention on consensual acts leads to more ethical behavior in a different way. To the extent that law enforcement resources were used against consenting adults, there is a corresponding reduction in resources available to cover the criminals who pose a genuine threat to society, these criminals wouldharm others and just trying to benefit themselves.

A huge need exists, efforts to support those arrested innocent damage increase. They harass someone every two seconds in the U.S., and five of six Americans may one day be victims of violent crimes. According to author Peter McWilliams, arrests committed while only 20% of crimes against persons or property. He also says a murderess escaped six, eight out of ten thieves arrested, andonly 5% of rapes result in forced prison time.

McWilliams reports that 10 billion dollars of personal property is stolen every year and never recovered. Billions more are illegally obtained from white-collar crime. Even if the person is not damaged, if the victim files insurance claim or to take action for damages, binds to and can borrow funds from the economy, what an impact that was definitely undesirable.

By means of criminal proceedings againstconsensual acts also makes the U.S. vulnerable to terrorism. According to the 9 / 11 Commission Report, in 2000 there were twice as many FBI agents assigned to drug law enforcement, anti-terrorism assigned. The FBI's counterterrorism chief, said the Commission, which wants to "500 analysts view Osama Bin Laden ... but there were two." And former Vice President Al Gore, who pay before 11 September, the Bush administration Department of Justice FBI had moreagents investigating a suspected brothel in New Orleans than monitoring Bin Ladin and al Qaeda.

There obviously is a strong need for law enforcement to improve its responses to real crimes committed against persons or property. Yet each year in the U.S., law enforcement applies some $50 billion to arrest, prosecute, and lock up persons who commit consensual crimes. Some estimates are that roughly half of all law-enforcement resources are used in connection with consensual Crimes.

These funds could do much to remedy the current deficiencies in law enforcement in the treatment of more serious crimes. Through this misallocation of resources, many abusive and violent criminals may escape justice and continue to hunt on the public. The same principle applies to white collar criminals who may never have discovered ... do not forget, the Enron and WorldCom scandals.

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Get Out of Speeding Ticket

Need to get out of speeding ticket? The best way to get out of a speeding ticket is not to get one! When you are pulled over try to go for the warning first, if that fails you're still not out of luck.

There are a couple key things to avoid when you are pulled over.

Don't act like a jerk

This will only work against you! Do not deny any wrong doing on the road, you will not convince them. Avoid name dropping and threats about an officer's job - this is never a good idea. Don't offer excuses unless you have an emergency in the passenger seat (if you do ask for an escort and they will usually provide one!). Be sure to address the officer by "Officer" or "Sir" to show respect and act calm, displaying common sense.


Don't get yourself in trouble

Avoid directly admitting guilt; the office can use your admission of guilt in court! It's ok to act confused about what you did wrong if you are backed into a corner. You may need to act dumb to minimize what you say out loud. (It's not illegal to be stupid!) Say as little as possible and respond with "Yes Officer" and "No Officer" when possible.


Play the PITY card!

Act scared! Like getting a ticket will destroy your life! They may feel bad for you and let you off easy. If you are a cute girl, go for the cry if you can pull it off. It just might work! If you are a teenager, distressed remarks about how your parents will totally kill you is never a bad idea regardless of how true it is.


Pull over well

Pull over to the right side of the road in a safe and traffic-free area in a slow and predictable way and end any cell conversations. Discard any lit cigarettes and be sure to discard inside the vehicle to avoid a littering charge (In some states you are responsible for damages arising from fires started by disposing a lit cigarette via littering). Turn off the car and any music and roll down the driver-side window. Have your documentation ready and keep your seatbelt buckled to avoid seatbelt fines. Follow any commands issued over the loud speaker in a calm and responsive manner without having the officer repeat himself.

Keeping these tips in mind might keep you out of court and help you get out of speeding ticket!

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Marijuana Penalties In Texas

The state of Texas has specific marijuana laws that help to stop the drug abuse that seems to be ongoing in the US. Most of the punishments for possession or selling marijuana depends on the amount of the drug that is being held or sold.

If you are caught in possession of 2 ounces or less of marijuana, it is considered a Class B Misdemeanor which is up to 180 days in jail and a $2,000 fine. Between 2 ounces and 4 ounces it then becomes a Class A Misdemeanor which is up to 1 year in jail. The person will also be required to pay up to $4,000 fine depending on what the judge decides. From 4 ounces up to 1 pound and from 1 pound up to 5 pounds of marijuana is what is called a state jail felony. This requires between 180 days and 2 years in a state facility with up to $10,000 fine issued by the judge.

If the person is caught with between 5 and 50 pounds then it is considered a third degree felony. This is punishable with 2 to 10 years in jail with up to a $10,000 fine which is also issued by the presiding judge. From 50 to 2,000 pounds is considered a second degree felony which is punishable between 2 to 20 years with up to $10,000 fine. Anything over 2,000 pounds is a full felony punishable between 5 to 99 years in jail with up to $50,000 fine decided upon by the judge.

The sale of marijuana works a bit differently. Any sale to a minor is an automatic felony up to 20 years of incarceration and up to a$10,000 fine decided on by a judge. Any gift of ¼ of an ounce or less is a Class B Misdemeanor with is punishable with up to 180 days in jail with up to $2,000 fine. Any sale of ¼ of an ounce or less becomes a Class A Misdemeanor which is can be punishable with up to 1 year in jail with an increased fine of $4,000. Up to 5 pounds of marijuana becomes a state jail felony. This is punishable with between 180 days and 2 years in jail and an increased fine of $10,000 fine.

Between 5 and 50 pounds becomes classified as a third degree felony with between 2 and 10 years of incarceration and the same amount of a fine. Anywhere between 50 and 2,000 pounds is classified as a second degree felony. The penalty will be anywhere from 2 to 20 years in jail with the same $10,000 fine. Any sale of 2,000 pounds or more is a felony with a minimum of 10 years and up to 99 years in jail. The fine then is raised to a maximum of $100,000.

If any of the above events happen within 1,000 feet from a school, all of the penalties will be increased drastically because of the proximity to children.

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Get Out of Speeding Ticket

Need to get out of speeding ticket? The best way to get out of a speeding ticket is not to get one! When you are pulled over try to go for the warning first, if that fails you're still not out of luck.

There are a couple key things to avoid when you are pulled over.

Don't act like a jerk

This will only work against you! Do not deny any wrong doing on the road, you will not convince them. Avoid name dropping and threats about an officer's job - this is never a good idea. Don't offer excuses unless you have an emergency in the passenger seat (if you do ask for an escort and they will usually provide one!). Be sure to address the officer by "Officer" or "Sir" to show respect and act calm, displaying common sense.


Don't get yourself in trouble

Avoid directly admitting guilt; the office can use your admission of guilt in court! It's ok to act confused about what you did wrong if you are backed into a corner. You may need to act dumb to minimize what you say out loud. (It's not illegal to be stupid!) Say as little as possible and respond with "Yes Officer" and "No Officer" when possible.


Play the PITY card!

Act scared! Like getting a ticket will destroy your life! They may feel bad for you and let you off easy. If you are a cute girl, go for the cry if you can pull it off. It just might work! If you are a teenager, distressed remarks about how your parents will totally kill you is never a bad idea regardless of how true it is.


Pull over well

Pull over to the right side of the road in a safe and traffic-free area in a slow and predictable way and end any cell conversations. Discard any lit cigarettes and be sure to discard inside the vehicle to avoid a littering charge (In some states you are responsible for damages arising from fires started by disposing a lit cigarette via littering). Turn off the car and any music and roll down the driver-side window. Have your documentation ready and keep your seatbelt buckled to avoid seatbelt fines. Follow any commands issued over the loud speaker in a calm and responsive manner without having the officer repeat himself.

Keeping these tips in mind might keep you out of court and help you get out of speeding ticket!

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DWI Attorneys

Driving while intoxicated is the full form of DWI. This is a growing problem in all the modern societies around the world.

How is DWI determined?

Whenever a person is suspected of diving while intoxicated, tests are performed on him to determine if he is under the influence of alcohol. If it is proved by BAC and other tests that he is intoxicated, then he will face trial and be imprisoned. The only person who can help him out of this trouble is the DWI attorney.

Who are DWI attorneys?

DWI attorneys are those who analyze individual DWI cases and provide solutions to those facing charges in return for a fee. They are indispensable during court proceedings.

Who are the best DWI attorney firms?

Some reputed DWI attorney firms are found in the state of Austin. They are:

1) Austin Criminal Lawyers: This firm is headed by the top dynamic DWI attorney John T. Floyd lll. He has a history of winning tough DWI cases. He has more than 10 years experience in handling complex DWI cases. The best thing about this firm is they do not charge excess fees. Also, they have a talented team of experts to analyze the case from all angles. He can be found in the toll free number 1- 866-374-1327.

2) Mc Minn Law Firm: whenever you are facing a complex DWI trial, then this is a serious issue and you need the top DWI attorney by your side. One such firm is the Mc Minn Law firm that gives hope and support in tough situations. This firm uses attacking strategies, which it considers as the best form of defense in most of the cases.

If you lose a DWI case, it will be a black mark for you. This is the reason why most DWI lawyers make it a point to try hard and win cases for their clients. Most of them strive to make sure that even your diving license is not suspended. This is the reason why it is always better to hire the best DWI attorney that you can afford.

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DWI Attorneys

Driving while intoxicated is the full form of DWI. This is a growing problem in all the modern societies around the world.

How is DWI determined?

Whenever a person is suspected of diving while intoxicated, tests are performed on him to determine if he is under the influence of alcohol. If it is proved by BAC and other tests that he is intoxicated, then he will face trial and be imprisoned. The only person who can help him out of this trouble is the DWI attorney.

Who are DWI attorneys?

DWI attorneys are those who analyze individual DWI cases and provide solutions to those facing charges in return for a fee. They are indispensable during court proceedings.

Who are the best DWI attorney firms?

Some reputed DWI attorney firms are found in the state of Austin. They are:

1) Austin Criminal Lawyers: This firm is headed by the top dynamic DWI attorney John T. Floyd lll. He has a history of winning tough DWI cases. He has more than 10 years experience in handling complex DWI cases. The best thing about this firm is they do not charge excess fees. Also, they have a talented team of experts to analyze the case from all angles. He can be found in the toll free number 1- 866-374-1327.

2) Mc Minn Law Firm: whenever you are facing a complex DWI trial, then this is a serious issue and you need the top DWI attorney by your side. One such firm is the Mc Minn Law firm that gives hope and support in tough situations. This firm uses attacking strategies, which it considers as the best form of defense in most of the cases.

If you lose a DWI case, it will be a black mark for you. This is the reason why most DWI lawyers make it a point to try hard and win cases for their clients. Most of them strive to make sure that even your diving license is not suspended. This is the reason why it is always better to hire the best DWI attorney that you can afford.

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Myths About Alcohol And Drinking

There are quite a few myths that have been associated with alcohol and drinking. Below are just a few of the myths that have been acquainted with alcohol and the real truth to each of them.

1. The way to sober up faster is black coffee and a cold shower!

Although this may make you feel more awake, the only real way to sober up is to give yourself some time. A cold shower makes you feel like you aren't drunk anymore, but this is a myth. There is no secret cure to being able to sober up faster. The only thing you can do is give your liver time to digest all of the alcohol in your system.

2. Alcohol raises the body temperature when you first start drinking!

Although it may seem like you feel warmer when you are drinking, your core body temperature is actually dropping in the temperature. When you drink, your body pushes all of the blood to the service of your skin which is why you feel so much warmer when you are drinking. Because all of the blood is being pushed to the service, its being pushed away from the core body so your temperature inevitably drops.

3. Some people drive better after drinking a little bit.

This is completely not true. Although you might seem more confident after drinking this does not, by any means, mean that you are a better driver. Alcohol will often take away your inhibitions so that you feel as though you are on top of the world. Even if you have had a little bit or a lot you will not be ok to drive. It might look as though you are a better driver, but you are actually being hindered by the alcohol that is in your system.

4. If you eat a meal before you drink, it will stop you from getting so drunk

This again is a big myth. Food doesn't keep you from getting so drunk, it just slows things down. When you start drinking alcohol, it goes straight to your stomach. If you drink on a full stomach, then the food absorbs the alcohol and it takes quite a while longer for the alcohol to be absorbed into the blood stream.

These are just some of the many myths that have circulated out there about alcohol and drinking. You just need to know exactly what you are getting into when you start drinking.

If you or someone you know is involved in a DWI case, contact the Austin DWI Lawyers of Morales and Navarrete at 866-812-4596.

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DWI Texas Law

The state of Texas has a .08 blood alcohol concentration limit for intoxication. However, a driver may be issued a citation for impaired driving due to alcohol or drugs regardless of the amount of alcohol. Impairment can begin with the first drink. Depending on body weight, gender, and the food in one's stomach, a person's tolerance varies. In general, women, smaller people, and younger people do not have high tolerances.

Once you are stopped, you will be asked to take a blood or breath test. You can deny. However, you will then be automatically subjected to a 180 day driver's license. In the state of Texas, punishment for DWI depends on the number of previous convictions.

For a person's first DWI offense, they will spend between 72 hours and 180 days in jail. In addition, they are subject to fines up to $2,000 and their driver's license will be suspended for a minimum of 90 days and a maximum of a year. A second offense carries a possible fine of $4,000. An offender will spend between a month and a year in jail. Their driver's license will be suspended for a maximum of 2 years. If a person is convicted of DWI the third time, they face up to 10 years in prison, a $4,000 fine, and a driver's license suspension for up to 2 years.

If you are found in possession of alcohol and are under 21, the following will occur on the first offense: 30 day driver's license suspension, 8 to 12 hours of community service, alcohol-awareness classes and a fine of up to $500. If a second or third offense occurs, the driver's license can be suspended 180 days. If the offender is above the age of 17 they face a maximum of $2,000 in fines and 180 days in jail for the third offense.

If you are under the legal drinking age of 21 and are drinking and driving, the following will occur: 60 day driver's license suspension, $500 fine, 20 to 40 hours of community service, an alcohol awareness classes. Penalties increase with subsequent offenses.

The state of Texas has a zero tolerance rule. That means an individual under the age of 21 cannot possess any alcohol in their blood. The above consequences will occur if the amount of alcohol is very minimal. If the BAC is .08 or greater and the individual is 17 they face up to 180 days in jail.

If you are facing DWI charges contact, contact http://www.dwi-lawyers-austin.com for legal help.

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Challenging the Breath Test in Court

A breathalyzer or breath test result showing a blood alcohol concentration (BAC) over the legal limit can be one of the most damaging pieces of evidence in the context of a driving while intoxicated (DWI) or driving under the influence (DUI) trial. Though damaging, however, breathalyzer evidence is not ironclad. A variety of factors may cause false or inaccurate readings, allowing DWI defense lawyers to challenge their reliability in court.

Common ways to dispute breathalyzer test results include:

Calibration Error

Like any machine, breathalyzers degrade and become less sensitive over time. Proper calibration is needed to ensure that results are accurate. Evidence that a machine was not properly adjusted and/or maintained may discredit its results.

Operator Qualifications

In most states, strict laws are in place to regulate the operation and maintenance of breath test machines. Because these devices are very sensitive, operators must be properly trained to adapt to different environmental, biological, and physical circumstances. A test administered by an untrained police officer may produce inaccurate or unreliable readings.

Absorption Defense

The absorption of alcohol into the bloodstream takes time. By some estimates, it may take up to two hours for consumed alcohol to reach equilibrium distribution throughout the body. Breathalyzer tests administered during this period can produce inaccurate results, since alcohol content is inconsistent in different areas of the body. Furthermore, if alcohol has not yet been absorbed into the bloodstream, it does not contribute to a person's level of intoxication.

Biological Variables

Breath test results are based on a standard mathematical formula which relates the amount of alcohol on a person's breath with the amount of alcohol present in their bloodstream. This formula, however, only applies when all biological variables conform to its standards. The ratio of breath alcohol to blood alcohol varies between individuals and over time; variations in body temperature can also affect results.

Summary

All in all, there are many ways in which breathalyzer tests can produce inaccurate or misleading results, leading to situations where defendants can and should challenge this evidence in court. To learn more about how breath tests are administered and how they respond to outside interference, visit the website of Austin DWI lawyers Morales & Navarrete at http://www.dwi-lawyers-austin.com.

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Myths About Alcohol And Drinking

There are quite a few myths that have been associated with alcohol and drinking. Below are just a few of the myths that have been acquainted with alcohol and the real truth to each of them.

1. The way to sober up faster is black coffee and a cold shower!

Although this may make you feel more awake, the only real way to sober up is to give yourself some time. A cold shower makes you feel like you aren't drunk anymore, but this is a myth. There is no secret cure to being able to sober up faster. The only thing you can do is give your liver time to digest all of the alcohol in your system.

2. Alcohol raises the body temperature when you first start drinking!

Although it may seem like you feel warmer when you are drinking, your core body temperature is actually dropping in the temperature. When you drink, your body pushes all of the blood to the service of your skin which is why you feel so much warmer when you are drinking. Because all of the blood is being pushed to the service, its being pushed away from the core body so your temperature inevitably drops.

3. Some people drive better after drinking a little bit.

This is completely not true. Although you might seem more confident after drinking this does not, by any means, mean that you are a better driver. Alcohol will often take away your inhibitions so that you feel as though you are on top of the world. Even if you have had a little bit or a lot you will not be ok to drive. It might look as though you are a better driver, but you are actually being hindered by the alcohol that is in your system.

4. If you eat a meal before you drink, it will stop you from getting so drunk

This again is a big myth. Food doesn't keep you from getting so drunk, it just slows things down. When you start drinking alcohol, it goes straight to your stomach. If you drink on a full stomach, then the food absorbs the alcohol and it takes quite a while longer for the alcohol to be absorbed into the blood stream.

These are just some of the many myths that have circulated out there about alcohol and drinking. You just need to know exactly what you are getting into when you start drinking.

If you or someone you know is involved in a DWI case, contact the Austin DWI Lawyers of Morales and Navarrete at 866-812-4596.

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Types of Bail Bonds

If you have gotten arrested and need to get a bond to get you or a family member out of jail, you need to know what kinds of bonds are available and the details of each one.

The first type of bond is a personal recognizance bond or a PR bond. This type of bond can be very good for first time offenders with no prior record of any kind. This is basically a personal agreement that you will still show up on the court date you were assigned. A judge will often accept this type of bond for a first time offender who doesn't seem to be a flight risk. You are required to sign a piece of paper that agrees to everything they tell you about your court date and not leaving town. This contract often includes a few other items that the court will discuss with you before you have to sign. After you sign, you are free to go.

For those who have no prior offenses, I would suggest going toward this type of bond because then you would not have to pay a large sum to the court.

The next type of bond is a cash bond. This type of bond is pretty straight forward but is not always for everyone. A cash bond is just paying the bail amount in full in cash. Usually there are not many people that can afford to pay for their bail with cash so this bond isn't used by all people. Some of the different courthouses will offer an option for paying by credit card or even by check, depending on what courthouse it is.

This bond can be very helpful for those that have enough money to take care of the bail amount.

The last type of bond is a Surety or Bail Bond. This type of bond can be a little complicated. If you cannot afford a cash bond, then you have to go to a bail bondsman. A bail Bondsman is a person who will loan you the money for your hearing for a certain amount of money. Your outside source will have to go find a bail bondsman and then sign the paperwork. The bail bondsman will also have to bring the paperwork to you so you can sign it as well. This signature is basically saying that on the date you were assigned by the court, you will come back and appear at your assigned time. This is also a kind of guarantee that you won't leave town or fail to appear at your court date.

For those who are considered a flight risk, this is probably going to be the option you have to turn to.

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Types of Bail Bonds

If you have gotten arrested and need to get a bond to get you or a family member out of jail, you need to know what kinds of bonds are available and the details of each one.

The first type of bond is a personal recognizance bond or a PR bond. This type of bond can be very good for first time offenders with no prior record of any kind. This is basically a personal agreement that you will still show up on the court date you were assigned. A judge will often accept this type of bond for a first time offender who doesn't seem to be a flight risk. You are required to sign a piece of paper that agrees to everything they tell you about your court date and not leaving town. This contract often includes a few other items that the court will discuss with you before you have to sign. After you sign, you are free to go.

For those who have no prior offenses, I would suggest going toward this type of bond because then you would not have to pay a large sum to the court.

The next type of bond is a cash bond. This type of bond is pretty straight forward but is not always for everyone. A cash bond is just paying the bail amount in full in cash. Usually there are not many people that can afford to pay for their bail with cash so this bond isn't used by all people. Some of the different courthouses will offer an option for paying by credit card or even by check, depending on what courthouse it is.

This bond can be very helpful for those that have enough money to take care of the bail amount.

The last type of bond is a Surety or Bail Bond. This type of bond can be a little complicated. If you cannot afford a cash bond, then you have to go to a bail bondsman. A bail Bondsman is a person who will loan you the money for your hearing for a certain amount of money. Your outside source will have to go find a bail bondsman and then sign the paperwork. The bail bondsman will also have to bring the paperwork to you so you can sign it as well. This signature is basically saying that on the date you were assigned by the court, you will come back and appear at your assigned time. This is also a kind of guarantee that you won't leave town or fail to appear at your court date.

For those who are considered a flight risk, this is probably going to be the option you have to turn to.

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DWI Vs DUI

There are two different types of drunk driving cases: DWI and DUI. Each of these has different details that make them different from each other. If you have been arrested for one of these, it would be in your best interest to know the difference between them and what the consequences are.

DUI, or Driving Under the Influence, can either be a civil case or a criminal case. A civil case of DUI means that the person that was arrested was under the age of 21. This also means that the person submitted to taking either a blood test or a breathalyzer test and was officially under the legal limit. The legal limit in the state of Texas is a BAC, or Blood Alcohol Concentration, of .08%. A criminal case of DUI means that the person was over the age of 21 and also agreed to take some kind of sobriety test and tested below the legal limit. Usually a criminal case DUI is considered a Class C misdemeanor. This means that for a first time offender there will be a fine of up to $5000 with no jail time. The judge will most likely assign you to do some type of community service along with an alcohol awareness class. If you are a repeating offender, the judge or court might consider sentencing you to a higher fine and maybe jail time because they would think that you haven't learned your lesson.

A DWI, or Driving While Intoxicated, case can be a little bit different. There are both civil cases as well as criminal cases, but they both mean different things. A civil DWI case means that the person was under the age of 21 and submitted to a sobriety test. The person must have tested above the legal limit of .08%. This can also be for those over the age of 21 that refuse to take a sobriety test. The punishment for this is usually a suspended license for up to 1 year, a fine up to $5000, and some amount of jail time depending on how many prior offenses the person has had.

A criminal DWI case gets to be a little bit more complicated than all the others. In most criminal cases, the person submits to a sobriety tests and has a BAC over the legal limit. This is usually considered a class B misdemeanor. The sentence for this misdemeanor is usually a fine with a minimum of $2000 and not less than 3 days in jail. The court will also probably require some kind of alcohol awareness training for this misdemeanor as well.

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Jail Release

If you have been arrested for a DWI or any other kind of arrest, you might be in need of a jail release lawyer. There are many details getting out of jail that you need to be aware of so that you can get yourself out as soon as possible.

There are a lot of stressful portions of getting out of jail that you need to make sure you are aware of. Jail-release is defined as, with the help of a lawyer, going through the court process to get yourself out of jail on some type of bond.

The first part of the whole procedure is the arrest. When you are arrested, the officer will then take you into booking. During booking you will photographed as well as fingerprinted to get your information in the system. You will then be put into a holding cell to await your bail hearing. Once you have been to your bail hearing, the judge will decide on a bail amount depending on what the offense was and all of your past record. This is the point where a lawyer would be very helpful. An Austin jail release lawyer can walk you through all of the hearing process and help you to get out of jail as quickly as possible.

If you are a first time offender with no prior arrests or anything of that nature, the court is more likely to be lenient on you because of your past. There are three different types of bail bonds that you can look at to help get you out of jail once the court as issued you a bail amount. This can be a hard process to handle if you don't have a lawyer to help you through the process and get you out of jail.

Anyone who is arrested and put in to jail is going to be in need of a lawyer to get out of jail. Getting out of jail can be a huge relief once you get through the process. The three types of bonds are personal bonds, bail bonds, and cash bonds. Personal bonds are the only type of jail release that doesn't involve any type of money. Personal bonds are usually for people with a minor offense and clean record who will give their word to the court to come back and appear at their trial hearing. Jail release lawyers can help you to decide on which bond will be the best one for your situation.

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DWI Texas Law

The state of Texas has a .08 blood alcohol concentration limit for intoxication. However, a driver may be issued a citation for impaired driving due to alcohol or drugs regardless of the amount of alcohol. Impairment can begin with the first drink. Depending on body weight, gender, and the food in one's stomach, a person's tolerance varies. In general, women, smaller people, and younger people do not have high tolerances.

Once you are stopped, you will be asked to take a blood or breath test. You can deny. However, you will then be automatically subjected to a 180 day driver's license. In the state of Texas, punishment for DWI depends on the number of previous convictions.

For a person's first DWI offense, they will spend between 72 hours and 180 days in jail. In addition, they are subject to fines up to $2,000 and their driver's license will be suspended for a minimum of 90 days and a maximum of a year. A second offense carries a possible fine of $4,000. An offender will spend between a month and a year in jail. Their driver's license will be suspended for a maximum of 2 years. If a person is convicted of DWI the third time, they face up to 10 years in prison, a $4,000 fine, and a driver's license suspension for up to 2 years.

If you are found in possession of alcohol and are under 21, the following will occur on the first offense: 30 day driver's license suspension, 8 to 12 hours of community service, alcohol-awareness classes and a fine of up to $500. If a second or third offense occurs, the driver's license can be suspended 180 days. If the offender is above the age of 17 they face a maximum of $2,000 in fines and 180 days in jail for the third offense.

If you are under the legal drinking age of 21 and are drinking and driving, the following will occur: 60 day driver's license suspension, $500 fine, 20 to 40 hours of community service, an alcohol awareness classes. Penalties increase with subsequent offenses.

The state of Texas has a zero tolerance rule. That means an individual under the age of 21 cannot possess any alcohol in their blood. The above consequences will occur if the amount of alcohol is very minimal. If the BAC is .08 or greater and the individual is 17 they face up to 180 days in jail.

If you are facing DWI charges contact, contact http://www.dwi-lawyers-austin.com for legal help.

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Biological Causes of Breathalyzer Error

Police officers and prosecuting attorneys would like for everyone to believe in the infallibility and reliability of breathalyzer machines. If breath test machines were truly 100% accurate, convicting or exonerating suspected DWI offenders would be fairly easy; simply compare an individual's readings to the accepted legal limit.

But despite the claims of prosecutors and policemen, the same science used to design the breathalyzer also shows that any number of biological factors can cause erroneous readings. If you are arrested for DWI, an adverse breath test result is not the end of the line.

The "Partition Ratio"

The "partition ratio" is a comparison of the alcohol in blood and the corresponding amount of alcohol carried on the breath. Most breathalyzers operate using a 2100 to 1 partition ratio; i.e., the assumption that there is 2100 times as much alcohol in one milliliter (ml) of a person's blood as there is in one ml of the same person's breath.

However, studies show that, while the majority of the population may have partition ratios close to the 2100 to 1 ratio assumed by breathalyzers, this ratio is not constant, and fluctuates even within the same individual over time. Furthermore, documented partition ratios in normal human beings range from 1300:1 to 3100:1, meaning that there could be significant disparities between an individual's results and his/her actual blood alcohol content.

Hematocrit and Breathalyzer Error

A person's hematocrit (HCT) is a measurement of how much of his/her blood volume is composed of red blood cells. Because red blood cells are the oxygen-carrying cells in the blood, they affect the rate at which blood alcohol leaks into the air through alveoli in the lungs.

Though some breath test machines are calibrated for an average 46% hematocrit, such a number is not representative of the natural variations found across the population. In fact, the spread of possible hematocrit percentages is usually considered to be as large as 10%. A person with a hematocrit at the lower end of this range would receive falsely elevated test results.

The Result?

Some studies have shown that, in calculating an individual's true blood alcohol concentration (BAC), breathalyzers can be 'off the mark' by as much as 15%. Furthermore, nearly 1 in 4 people receive breath test results higher than their actual BAC - hardly meeting the standard of "beyond a reasonable doubt."

For more information, visit the website of Austin DWI attorneys Morales & Navarrete at http://www.dwi-lawyers-austin.com.

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Texas DWI Defense Attorneys Assist Texas Residents in DWI Cases

2004 saw nearly 100,000 drunk-driving arrests in the state of Texas-basically, one for every 230 Texas residents. Although operating a vehicle while under the influence is certainly a grave offense, everyone deserves legal defense under the law, and no one should pay time or money for a crime they didn't commit.

Although the legal limit in Texas is 0.08 BAC (blood alcohol content), drivers can still be pulled over for DWI even if their BAC falls within the legal limit if their driving appears to be impaired by drugs or alcohol. In the event that you find yourself pulled over for driving while intoxicated, the roadside breath test is voluntary, and it is never in your best interest to submit to a roadside breathalyzer test; if you submitted to the breath test, however, fret not-there are several legitimate defenses that can be used to impugn the results of a roadside breath test.

The same goes for breath, blood, or alcohol tests after booking. Never submit to an alcohol test of any kind until you've spoken with an attorney qualified to mount a DWI defense in the state of Texas.

The most important thing to remember is this: never, ever admit to guilt or discuss the case until you've spoken with a qualified DWI attorney. The primary aim of a DWI defense attorney is to get the charges dropped; if that proves impossible, the secondary goal is to find a way for you to retain your driver's license-your lifeline to gainful employment. Both of these goals can be jeopardized by admitting guilt, submitting to alcohol test, or spending time discussing the charges with arresting or booking officers.

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Biological Causes of Breathalyzer Error

Police officers and prosecuting attorneys would like for everyone to believe in the infallibility and reliability of breathalyzer machines. If breath test machines were truly 100% accurate, convicting or exonerating suspected DWI offenders would be fairly easy; simply compare an individual's readings to the accepted legal limit.

But despite the claims of prosecutors and policemen, the same science used to design the breathalyzer also shows that any number of biological factors can cause erroneous readings. If you are arrested for DWI, an adverse breath test result is not the end of the line.

The "Partition Ratio"

The "partition ratio" is a comparison of the alcohol in blood and the corresponding amount of alcohol carried on the breath. Most breathalyzers operate using a 2100 to 1 partition ratio; i.e., the assumption that there is 2100 times as much alcohol in one milliliter (ml) of a person's blood as there is in one ml of the same person's breath.

However, studies show that, while the majority of the population may have partition ratios close to the 2100 to 1 ratio assumed by breathalyzers, this ratio is not constant, and fluctuates even within the same individual over time. Furthermore, documented partition ratios in normal human beings range from 1300:1 to 3100:1, meaning that there could be significant disparities between an individual's results and his/her actual blood alcohol content.

Hematocrit and Breathalyzer Error

A person's hematocrit (HCT) is a measurement of how much of his/her blood volume is composed of red blood cells. Because red blood cells are the oxygen-carrying cells in the blood, they affect the rate at which blood alcohol leaks into the air through alveoli in the lungs.

Though some breath test machines are calibrated for an average 46% hematocrit, such a number is not representative of the natural variations found across the population. In fact, the spread of possible hematocrit percentages is usually considered to be as large as 10%. A person with a hematocrit at the lower end of this range would receive falsely elevated test results.

The Result?

Some studies have shown that, in calculating an individual's true blood alcohol concentration (BAC), breathalyzers can be 'off the mark' by as much as 15%. Furthermore, nearly 1 in 4 people receive breath test results higher than their actual BAC - hardly meeting the standard of "beyond a reasonable doubt."

For more information, visit the website of Austin DWI attorneys Morales & Navarrete at http://www.dwi-lawyers-austin.com.

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Biological Causes of Breathalyzer Error

Police officers and prosecuting attorneys would like for everyone to believe in the infallibility and reliability of breathalyzer machines. If breath test machines were truly 100% accurate, convicting or exonerating suspected DWI offenders would be fairly easy; simply compare an individual's readings to the accepted legal limit.

But despite the claims of prosecutors and policemen, the same science used to design the breathalyzer also shows that any number of biological factors can cause erroneous readings. If you are arrested for DWI, an adverse breath test result is not the end of the line.

The "Partition Ratio"

The "partition ratio" is a comparison of the alcohol in blood and the corresponding amount of alcohol carried on the breath. Most breathalyzers operate using a 2100 to 1 partition ratio; i.e., the assumption that there is 2100 times as much alcohol in one milliliter (ml) of a person's blood as there is in one ml of the same person's breath.

However, studies show that, while the majority of the population may have partition ratios close to the 2100 to 1 ratio assumed by breathalyzers, this ratio is not constant, and fluctuates even within the same individual over time. Furthermore, documented partition ratios in normal human beings range from 1300:1 to 3100:1, meaning that there could be significant disparities between an individual's results and his/her actual blood alcohol content.

Hematocrit and Breathalyzer Error

A person's hematocrit (HCT) is a measurement of how much of his/her blood volume is composed of red blood cells. Because red blood cells are the oxygen-carrying cells in the blood, they affect the rate at which blood alcohol leaks into the air through alveoli in the lungs.

Though some breath test machines are calibrated for an average 46% hematocrit, such a number is not representative of the natural variations found across the population. In fact, the spread of possible hematocrit percentages is usually considered to be as large as 10%. A person with a hematocrit at the lower end of this range would receive falsely elevated test results.

The Result?

Some studies have shown that, in calculating an individual's true blood alcohol concentration (BAC), breathalyzers can be 'off the mark' by as much as 15%. Furthermore, nearly 1 in 4 people receive breath test results higher than their actual BAC - hardly meeting the standard of "beyond a reasonable doubt."

For more information, visit the website of Austin DWI attorneys Morales & Navarrete at http://www.dwi-lawyers-austin.com.

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Consensual Crimes - Not Actual Crimes

While numerous violent criminals and white-collar criminals roam free, and innocent people rot in prison and on death row for crimes they didn't commit, law-enforcement resources are used to destroy the lives of consenting adults who do not harm anyone. One article I ready suggested that approximately four million people are arrested each year and 350,000 are in prison for consensual crimes.

I am considering a "consensual crime" to be defined as a criminal act committed by two or more people, who consent to involvement, and does not involve any non-consenting individuals. The following is a non-exclusive list of criminal acts that could be considered consensual between the parties: prostitution, adultery, homosexual conduct, sodomy, gambling, some drug use (marijuana), and assisted suicide.

Another name for these sort of "crimes" may be victimless crimes, because they do not harm anyone as they have no impact on a person other than those who chose to engage in the activity. Thus, there is no victim.

When people are arrested for those crimes, their ability to remain employed is jeopardized. A conviction and prison sentence virtually guarantees the loss of their livelihoods. Upon release from prison, the criminal record may impede their ability to find new jobs.

Even if they are not convicted of a crime, the arrest record alone can significantly harm their lives. It too can lead to loss of jobs and difficulty finding new ones, and it may interfere with other aspects of their lives, such as the ability to obtain credit, purchase a car, rent an apartment, maintain custody of children or to vote.

Thus, the financial impact of either a conviction or arrest may mean these people need long-term assistance from government or charities. Or they may resort to serious crime based on what they learned from real criminals while incarcerated. This is all a huge drain on the economy and is in addition to the costs of arresting, prosecuting, and imprisoning them.

To avoid conviction and prison, the accused may have to spend thousands of dollars on legal fees. For certain crimes, the amounts can run to tens or hundreds of thousands of dollars. When faced with the possibility of causing financial ruin to themselves and their families, some contemplate suicide and may see it as the only way out. If this is the action the accused takes, that impacts society from the loss of productivity, and more importantly, it impacts the family and friends of the accused.

Government causes all this turmoil in the lives of consenting adults to "protect" them from possible consequences that might occur to them - and them alone - from their own freely chosen acts.

Because these arrests devastate the lives of harmless people, a strong argument can be made that Christian mercy, along with the mercy taught by other religions and philosophies, is reason enough for leaving consenting adults alone, but the irony rarely seen is that often it is in the name of Christian principles that these laws exist or are pursued....

Law-enforcement resources are wasted investigating consensual acts

Government's focus on consensual acts leads to more unethical conduct in another way. To the extent law-enforcement resources are used against consenting adults, there is a corresponding reduction in the resources available for apprehending criminals that pose a true threat to society-those criminals who would cause harm to others and only seek to benefit themselves.

An enormous need exists to increase efforts to arrest those who harm the innocent. They victimize someone every two seconds in the United States, and five out of six Americans may someday be victims of violent crime. According to author Peter McWilliams, arrests are being made for only about 20% of crimes committed against persons or property. He also says one in six murderers gets away, eight of ten burglars aren't arrested, and only 5% of forcible rapes lead to prison time.

McWilliams further reports that $10 billion in personal property is stolen each year and never recovered. Billions more are illicitly obtained through white-collar crime. Even if the person is not harmed, if the victim files an insurance claim or takes action to recover damages, this alone ties up resources and takes resources from the economy, causing an impact that was definitely undesired.

Using law-enforcement resources against consensual acts also makes the U.S. more vulnerable to terrorism. According to The 9/11 Commission Report, in 2000 there were twice as many FBI agents assigned to enforcing drug laws than assigned to counterterrorism. The FBI's head of counterterrorism told the Commission he wishes he'd had "500 analysts looking at Osama Bin Ladin . . . instead of two." And former Vice President Al Gore charged that prior to the September 11 attacks, the Bush administration's Justice Department had more FBI agents investigating a suspected brothel in New Orleans than monitoring Bin Ladin and al Qaeda.

There obviously is a strong need for law enforcement to improve its responses to real crimes committed against persons or property. Yet each year in the U.S., law enforcement applies some $50 billion to arrest, prosecute, and lock up persons who commit consensual crimes. Some estimates are that roughly half of all law-enforcement resources are used in connection with consensual crimes.

Those resources could go a long way toward remedying the current deficiencies in law enforcement's handling of more serious crimes. Due to this misallocation of resources, many violent and sociopathic criminals are able to escape justice and continue preying on the public. The same principle applies to white-collar criminals who may never be detected... lest we forget the Enron and WorldCom scandals.

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Differences Between DUI and DWI

If you are arrested for drunk driving, there are a few things that you need to understand about your case. People can commonly confuse DUI and DWI but there is a definite difference between the two of them. If you are involved in a case such as this, you should consider contacting your Austin Jail Release Lawyers as soon as possible so they can begin working on your case immediately.

Both DUI and DWI are acronyms for other sets of words which are driving while intoxicated and driving under the influence. DWI or driving while intoxicated is the more severe of the two types of charges that you could receive. A DWI means that you are above the legal intoxication limit. This means that when the police pull you over, they will most likely give you some type of breathalyzer test in order to measure your BAC. BAC or Blood Alcohol Concentration is the amount of blood to alcohol you have in your system at the moment that you take the test. The legal BAC in the state of Texas is .08%. If you are above this BAC then you are considered legally drunk by the state of Texas and will be arrested if you are pulled over and tested. If you are arrested for a DWI, your license is automatically suspended because you are driving while over the legal limit in Texas.

Once you are taken in to jail and booked, you will have a bail hearing to determine what the amount of your bail will be. If you haven't had any prior criminal history, then they could possibly let you off with a lower bail or on your word that you will come back to appear in court. If you have had a prior criminal background or are considered a flight risk then they will probably give you a higher sentence depending on the situation and circumstances. They will also assign you a trial date that you will be required to appear.

If it is your first DWI offense, then they will usually give you a fine as well as alcohol awareness classes that you need to take in a certain amount of time. Sometimes they will even add some type of community service hours that you are required to do. If you have already had a previous DWI, the fines and possibly even jail time can be more severe for your punishment.

A DUI is slightly different than the DWI because of the specific details of each of the cases. A DUI or driving under the influence means that you are arrested for drunk driving. Although you had been drinking, a DUI means that you were technically under the legal limit for the state of Texas which is .08%. If you were officially under the legal limit, then the police will not suspend your license because you were not legally intoxicated. Although this is different, the punishments and trial process is all still the same. If you are arrested on your first, you will have a less severe punishment than if it's your 2nd or more DUI.

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Differences Between DUI and DWI

If you are arrested for drunk driving, there are a few things that you need to understand about your case. People can commonly confuse DUI and DWI but there is a definite difference between the two of them. If you are involved in a case such as this, you should consider contacting your Austin Jail Release Lawyers as soon as possible so they can begin working on your case immediately.

Both DUI and DWI are acronyms for other sets of words which are driving while intoxicated and driving under the influence. DWI or driving while intoxicated is the more severe of the two types of charges that you could receive. A DWI means that you are above the legal intoxication limit. This means that when the police pull you over, they will most likely give you some type of breathalyzer test in order to measure your BAC. BAC or Blood Alcohol Concentration is the amount of blood to alcohol you have in your system at the moment that you take the test. The legal BAC in the state of Texas is .08%. If you are above this BAC then you are considered legally drunk by the state of Texas and will be arrested if you are pulled over and tested. If you are arrested for a DWI, your license is automatically suspended because you are driving while over the legal limit in Texas.

Once you are taken in to jail and booked, you will have a bail hearing to determine what the amount of your bail will be. If you haven't had any prior criminal history, then they could possibly let you off with a lower bail or on your word that you will come back to appear in court. If you have had a prior criminal background or are considered a flight risk then they will probably give you a higher sentence depending on the situation and circumstances. They will also assign you a trial date that you will be required to appear.

If it is your first DWI offense, then they will usually give you a fine as well as alcohol awareness classes that you need to take in a certain amount of time. Sometimes they will even add some type of community service hours that you are required to do. If you have already had a previous DWI, the fines and possibly even jail time can be more severe for your punishment.

A DUI is slightly different than the DWI because of the specific details of each of the cases. A DUI or driving under the influence means that you are arrested for drunk driving. Although you had been drinking, a DUI means that you were technically under the legal limit for the state of Texas which is .08%. If you were officially under the legal limit, then the police will not suspend your license because you were not legally intoxicated. Although this is different, the punishments and trial process is all still the same. If you are arrested on your first, you will have a less severe punishment than if it's your 2nd or more DUI.

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Jail Release

If you have been arrested for a DWI or any other kind of arrest, you might be in need of a jail release lawyer. There are many details getting out of jail that you need to be aware of so that you can get yourself out as soon as possible.

There are a lot of stressful portions of getting out of jail that you need to make sure you are aware of. Jail-release is defined as, with the help of a lawyer, going through the court process to get yourself out of jail on some type of bond.

The first part of the whole procedure is the arrest. When you are arrested, the officer will then take you into booking. During booking you will photographed as well as fingerprinted to get your information in the system. You will then be put into a holding cell to await your bail hearing. Once you have been to your bail hearing, the judge will decide on a bail amount depending on what the offense was and all of your past record. This is the point where a lawyer would be very helpful. An Austin jail release lawyer can walk you through all of the hearing process and help you to get out of jail as quickly as possible.

If you are a first time offender with no prior arrests or anything of that nature, the court is more likely to be lenient on you because of your past. There are three different types of bail bonds that you can look at to help get you out of jail once the court as issued you a bail amount. This can be a hard process to handle if you don't have a lawyer to help you through the process and get you out of jail.

Anyone who is arrested and put in to jail is going to be in need of a lawyer to get out of jail. Getting out of jail can be a huge relief once you get through the process. The three types of bonds are personal bonds, bail bonds, and cash bonds. Personal bonds are the only type of jail release that doesn't involve any type of money. Personal bonds are usually for people with a minor offense and clean record who will give their word to the court to come back and appear at their trial hearing. Jail release lawyers can help you to decide on which bond will be the best one for your situation.

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Drinking and Boating

Although you may not think that one drink ca affect your perception, the real truth is that even just one drink can affect you. When you are drinking you should be aware of how many drinks you have had. The rule of thumb is that the number of drinks you have had is the number of hours that it will take you to become sober again. You also may think that when boating you don't need to worry about how much you drink, but it is a very big deal.

Even if your BAC is just a slightly raised you are still being impaired. BAC or your Blood Alcohol Level is the amount as a percentage of alcohol to blood in your system. Your BAC is determined by how many drinks you have had and how fast all of the drinks were consumed. Studies have shown that even with a BAC .035% a person is still impaired in driving a boat.

Almost 80% of all boating accidents are caused by people who were on the boat falling overboard and drowning. When you have been drinking, you loose your depth perception so having an accident with another boat is entirely possible. Alcohol also opens the blood vessels in your body. This can cause your body to lose more heat than normal in your body.

Although there isn't an "open container" law for boats, there is definitely a law on operating a boat while under the influence. It is illegal to operate a boat while under the influence of any alcoholic beverage. If a person under the age of 21 has a BAC of .01% or more they are not allowed to operate a boat or any type of water motorized vehicle. In most states there is also a "zero-tolerance" policy for minors on beaches or boats drinking.

If someone is arrested for have a BAC of .08% or higher, they are considered legally intoxicated while operating a boat and will be arrested immediately. They will most likely be charged with operating a vessel under the influence and sentenced to up to one year of jail time and/or a fine of up to $1,000. Anyone who is arrested with a BAC between .05% and .08% is not technically intoxicated but it is still operating a boat while under the influence and the police can charge you with something like that legally.

For more information on your DWI case, contact the Austin DWI Lawyers of Morales and Navarrete at 866-812-4596.

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Drinking and Boating

Although you may not think that one drink ca affect your perception, the real truth is that even just one drink can affect you. When you are drinking you should be aware of how many drinks you have had. The rule of thumb is that the number of drinks you have had is the number of hours that it will take you to become sober again. You also may think that when boating you don't need to worry about how much you drink, but it is a very big deal.

Even if your BAC is just a slightly raised you are still being impaired. BAC or your Blood Alcohol Level is the amount as a percentage of alcohol to blood in your system. Your BAC is determined by how many drinks you have had and how fast all of the drinks were consumed. Studies have shown that even with a BAC .035% a person is still impaired in driving a boat.

Almost 80% of all boating accidents are caused by people who were on the boat falling overboard and drowning. When you have been drinking, you loose your depth perception so having an accident with another boat is entirely possible. Alcohol also opens the blood vessels in your body. This can cause your body to lose more heat than normal in your body.

Although there isn't an "open container" law for boats, there is definitely a law on operating a boat while under the influence. It is illegal to operate a boat while under the influence of any alcoholic beverage. If a person under the age of 21 has a BAC of .01% or more they are not allowed to operate a boat or any type of water motorized vehicle. In most states there is also a "zero-tolerance" policy for minors on beaches or boats drinking.

If someone is arrested for have a BAC of .08% or higher, they are considered legally intoxicated while operating a boat and will be arrested immediately. They will most likely be charged with operating a vessel under the influence and sentenced to up to one year of jail time and/or a fine of up to $1,000. Anyone who is arrested with a BAC between .05% and .08% is not technically intoxicated but it is still operating a boat while under the influence and the police can charge you with something like that legally.

For more information on your DWI case, contact the Austin DWI Lawyers of Morales and Navarrete at 866-812-4596.

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