HOW A DWI CAN AFFECT AUTO INSURANCE RATES

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HOW A DWI CAN AFFECT AUTO INSURANCE RATES

DWI auto insurance rates

If You’ve Been Arrested For DWI You’re Suddenly Faced With A Great Deal Of Uncertainty Regarding Your Future. 

As You Weight The Financial Impact Of Your Arrest, Don’t Overlook How Your Possible Conviction Could Affect Your Auto Insurance Rates.

A DWI Charge Will Lead To A Number Of Immediate Expenses Including:

  • Making Bond
  • Hiring An Attorney And,
  • Meeting Some Conditions Of Bond Such As Alcohol Monitoring Devices.

While The Costs Vary Depending On Each Individual Circumstance, A Final DWI Conviction Could Result In An Increase Of As Much As Two To Three Times The Amount You Are Currently Paying For Auto Insurance. 

This Is In Addition To All The Other Expenses You’re Facing Mounting An Effective Defense.

Why Do Auto Insurance Rates Increase After A DWI Conviction?

The Main Reason For An Increase In Rates Is Risk. Once Your DWI Conviction Is Finalized, You’ll Be Considered A Higher Risk For Auto Insurance Purposes Resulting In An Increased Cost.  

The National Highway Traffic Safety Administration (NHTSA) Estimates That DWI Related Crashes Caused Over 10,000 Deaths And Over $44 Billion In Damages In 2016. 

Insurance Carriers Will Offset That Risk By Charging A Higher Premium For Those Classified As High Risk.

Financial Responsibility Insurance Certificates?

In Addition To Increasing Your Actual Auto Insurance Rates, You’ll Also Be Required To Get A Financial Responsibility Insurance Certificate Or An SR-22. 

This Certificate Provides Proof That You Have An Insurance Policy That Covers The Minimum Liability Requirements For That State.

Here In Texas, The Minimum Liability Requirements For Auto Insurance Are:

  • $30,000 To Cover Bodily Injury Or Death Of One Person In A Car Crash
  • $60,000 To Cover Bodily Injuries Or Deaths Of Two Or More People In A Motor Vehicle Accident And
  • $25,000 To Cover Damages Incurred To Any Property From An Auto Accident.

You Will Need An SR-22 For A Minimum Of Two Years Beginning On Your Conviction Date. 

This Additional Cost Is Typically Assessed In A Lump Sum Payment, Not A Monthly Premium. SR-22 Insurance Must Be Paid Typically In Six-Month Increments.

Expect Your Auto Insurance Rates To Increase Dramatically As A Result Of A DWI Conviction.

Your Auto Insurance Rates Increase Will Vary Depending Upon Your Situation. 

In Some Cases, You May Be Dropped From Your Insurance Carrier Because Of Your DWI Conviction. 

In Some States, A DWI Conviction Can Increase Rates By Over 400% And About 100% In Texas.

When Assessing Rates, Most Insurance Companies Will Look Back 3-5 Years At Your Driving Record, So A DWI Can Continue To Affect Your Rates Long After Your Conviction. 

However, If You Keep A Clear Record, Your Auto Insurance Premiums Will Eventually Decrease.

How To Avoid Or Reduce The Cost Of Escalating Auto Insurance Premiums.

Obviously, The Best Way To Reduce The Financial Impact Of A DWI Arrest Is To Avoid Being Convicted. 

Many Of The Costs Associated With Your Arrest And Charge Are Unavoidable. 

But If Your Case Is Resolved Properly, You Can Drastically Affect The Long-Term Consequences Of Your Arrest.

If You Enroll In A Program Such As Pre-Trial Diversion, You Won’t Have To Plead Guilty And Your License Won’t Be Suspended, So It Won’t Likely Affect Your Insurability. 

If Your Case Is Dismissed Or Reduced To A Different Charge That Does Not Include License Suspension, You Could Reduce Or Eliminate The Need For SR-22 Insurance Which Leads To Higher Monthly Auto Insurance Rates.

How A DWI Specialist Can Help

Having An Attorney Who Understands DWI Law And Its Consequences Can Help You Navigate Through This Legal Quagmire. 

Look For A Legal Team To Help You Understand Your Options And The Ancillary Consequences That Will Allow You To Make Smarter Decisions.

TELL US ABOUT YOUR CASE

Get A Fast Response

Use the form to request your free consultation to discuss your case with one of our attorneys. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2020 Trichter & LeGrand. All rights reserved
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YOUR DWI LAWYER IS YOUR BOATING WHILE INTOXICATED LAWYER

Boating While Intoxicated Lawyers
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HOW YOUR DWI LAWYER IS YOUR BOATING WHILE INTOXICATED LAWYER

Boating While Intoxicated Lawyers

During The Summer Months, We Become Boating While Intoxicated Lawyers As Police Crack Down On Boating While Intoxicated Offenses. 

In Its Peak Time, Our Firm Will Defend Just As Many BWI Cases As We Will Driving While Intoxicated Cases Because The Consequences For A Conviction Or An Arrest For BWI Are Almost Identical To Those Of DWI.

Bring A Boating While Intoxicated Lawyer Onboard

Certain Activities And Holidays Seem To Always Intermingle With Alcohol. 

When We Close Our Eyes And Picture A Boat On The Water, Our Image Will Most Likely Contain Water Skis, The Wind Coming Off The Lake And, Yes, A Cooler Filled With Beer.  

Most Of The Time We Exit The Water In The Same State As When We Launched Our Boat, But Other Times, We’re Stopped By The Police And We Need A Boating While Intoxicated Lawyer.

Boating While Intoxicated Versus Just Floating While Intoxicated

Chapter 49 Of The Penal Code Defines A Watercraft As,

“A Vessel, One Or More Water Skis, An Aquaplane, Or Another Device Used For Transporting Or Carrying A Person On Water, Other Than A Device Propelled Only By The Current Of The Water.”


In Essence, This Means That If You Are Floating The Guadalupe In A Tube Or Raft, Then You May Only Be At Risk Of A Lesser Alcohol-Related Charge, But Just About Anything Else On The Water Qualifies A Watercraft For BWI Purposes.

One Of The Differences Between “Floating While Intoxicated” (Not A Real Charge) And Boating While Intoxicated, Is That A Police Officer Does Not Need To Have Reasonable Suspicion That You Are Violating Any Law In Order To Stop And Board Your Vessel.

The Ruse Of Boating “Safety Checks”

It Is Becoming Routine For Residents And Guests Alike To Have To Deal With Officers Doing A “Safety Inspection.” 

Generally Speaking, This Safety Inspection Is A Ruse To Check Your Boat Equipment And Then Start Asking Questions About The Number Of Drinks You Have Consumed.

The Officers Will Likely Ask You To Perform A Few Non-Standardized Tests And Then Request That You Move To Your Boat And Head For The Shore. 

Once On Land, They Will Let You Sit For 15 Minutes To Get Your Equilibrium, Then Begin Doing Roadside Tests—The Same Standard Field Sobriety Tests Used In Driving While Intoxicated Arrests.

You Could Have Been Fishing Off The Coast For 8 Hours Or Simply Taking A Joy Ride On The Lake And All The Time The Officers Will Allow You Is 15 Minutes Before They Commence Testing.

Boating While Intoxicated And Implied Consent

Keep In Mind That The Implied Consent Law Applies To Boating While Intoxicated The Same Way It Does To DWI. 

This Means That A Police Officer Will Ask You To Submit To A Breath Or Blood Test And The Choice You Make Will Have Major Consequences On Your Driver’s License.

If You Refuse To Provide A Breath Or Blood Specimen, Your License Or Privilege To Operate A Motor Vehicle Will Be Suspended For 180 Days. 

If Your BAC Results Are Over .08, Then Your License Will Be Suspended For 90 Days.

Boating While Intoxicated And Your Commercial Driver License

If You Have A Commercial Driver License And You Refuse The Breath Or Blood Test Or You Are Found To Have A Result About A .08, Your CDL Will Be Suspended For One Year. 

That Means If You Have A Job That Requires A CDL, You Could Lose That Job For Having Too Many Drinks While Fishing On The Lake.

However, You Have 15 Days From Your Arrest To Request A Hearing—Also Known As An Administrative License Revocation (ALR) Hearing—In Order To Save Your Driver License Or CDL. 

An Experienced Boating While Intoxicated Attorney Will Use This Hearing To Potentially Save Your Driver License And Use The Evidence Gathered In This Hearing In Your Underlying BWI Case.

Boating While Intoxicated Penalties

A First Time BWI Case Is A Class B Misdemeanor Which Hold The Following Punishment:

  • From 3 Days To 180 Days In Jail
  • A $2,000 Fine
  • Unlike A DWI Charge, If Your Blood Alcohol Level Is Above .15, The Boating While Intoxicated Charge Remains A Class B Misdemeanor.
  • However, A BWI Can Be Used To Enhance The Punishment Range Of Any Subsequent BWI Or DWI.
  • Additionally, If You Have Prior DWI And BWI Convictions, The Punishment Can Be Enhanced To A Class A Misdemeanor For One Prior And A Third Degree Felony For Two Prior Convictions.

Call A Boating While Intoxicated Attorney

A Boating While Intoxicated Attorney Will Know How To Navigate The Troubled Waters To Help You Through Your BWI Charges. 

We Know How Unfair Police Tests Are And How They Are Designed To Make You Fail Them. 

Call Us 24/7 To Discuss Your Case And Schedule A Free Consultation.

TELL US ABOUT YOUR CASE

Get A Fast Response

Use the form to request your free consultation to discuss your case with one of our attorneys. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2020 Trichter & LeGrand. All rights reserved
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CELL PHONE DATA PRIVACY AFFECTS LEGALITY OF THE BLOOD SEARCH WARRANT

What Are The Chances Of Getting A DWI Dismissed? - DWI Lawyer Gary Trichter Trichter & LeGrand
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CELL PHONE DATA PRIVACY AFFECTS LEGALITY OF THE BLOOD SEARCH WARRANT

DWI Lawyer-Trichter & LeGrand Law Firm

In Mid-June 2018, The United States Supreme Court Decided A Case With A Rationale That Interestingly Applies To Police Blood Testing And The Blood Search Warrant.

The Effects On Our 4thAmendment Protections Against Unreasonable Searches And Seizures

The Case, United States Vs Carpenter, Holds That The Government May Not Seize Data Concerning Cell Phone Locations Absent An Emergency Or Exigency, And Absent A Search Warrant Issued By A Neutral And Detached Magistrate Who Finds Probable Cause To Do So.

BLOOD SEARCH WITHOUT A WARRANT

Our 4thAmendment Right Under The Constitution Has A Preference That, For Searches To Be Legal, They Must Be Under The Authority Of A Search Warrant. 

Although There Are A Few Exceptions To The Warrant Requirement, They Pale In Comparison To The Responsibility That Belongs To The Government For Justifying A Search Without A Warrant.

Exceptions To A Warrantless Search Include:

  • Driver Consent,
  • Emergencies Or Exigencies Or,
  • Routine Matters That Leave Little Discretion For An Officer Like An Automobile Inventory Before It Is Impounded Where He Makes Note Of The Property In The Vehicle To Protect The Owner As Well As The Officer Performing The Inventory From Allegations Of Theft.

THE 3-DAY LIFE OF A WARRANT

By Statute, A Warrant Has A Life Of Only Three Days, So Searches On A Timed-Out Warrant Are Illegal And The Evidence Derived From It Becomes Inadmissible In A Court Proceeding. 

Accordingly, A Blood Search Warrant Can Only Authorize Both The Initial Seizure Of The Blood And Any Subsequent Testing, Provided That The Testing Is Done Within That Three-Day Window.

It’s Important To Note That Almost All Blood Testing Is Done Weeks To Months After The Initial Seizure And Is Performed Outside The Authority Of The Initial Valid Warrant. 

PHONE DATA = BLOOD SAMPLE DATA

This Brings Us Back To The Carpenter Case. 

The Vast Amount Of Data Stored On A Cell Phone Or Mobile Device Is Very Similar To The Amount Of Data Contained In A Blood Sample. 

In Fact, A Short While Ago The United States Supreme Court Decided Another Cell Phone Case, California Vs Riley, That Held That The Contents Of A Cell Phone Were Indeed Private And Protected.

Further, The Court Went On To Say That, Unless An Exception Applied To Searching The Phone, A Separate Warrant Was Needed To Access The Data.

ARGUING CONSENT AND THE BLOOD SEARCH WARRANT

According To The Court, A Warrant Was Required Even When The Cell Phone Had Been Initially Seized On A Legal Basis. 

Of Course, All This Is Good News For Those Accused Of DWI, Because A Skilled Defense Attorney Can Make A Legal Argument That Subsequent Blood Samples Analyses, In Order To Be Used Against The Accused, Must Be Based On Either A Warrant Or Consent.

As An Aside, Even If There Was Consent To Take The Sample, There May Not Have Been Consent Given To Test The Sample. 

Further, Earlier Limited Consent To Take The Sample Does Not Authorize Police To Test It. 

Moreover, Even If There Was Consent Given, The Citizen Still Has The Right To Withdraw Consent. 

Further, If Police Test It Without Consent Or A Warrant, A Good Defense Attorney Would Point Out To The Court That The Citizen’s Search And Seizure (Privacy) Rights Were Violated.

ASK US ABOUT YOUR BLOOD TEST AND YOUR RIGHTS

In Summation, If You Have Been Arrested For DWI And Your Blood Was Seized Pursuant To Consent Or A Blood Search Warrant, It Does Not Automatically Mean The Blood Results Can Legally Be Used Against You. 

If You Have A Blood Case, Feel Free To Call Us And Let Us Walk You Through How Your Constitutional Rights Can Protect You And Make This The Great Country That It Is.

TELL US ABOUT YOUR CASE

Get A Fast Response

Use the form to request your free consultation to discuss your case with one of our attorneys. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2020 Trichter & LeGrand. All rights reserved
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HOW DWI AFFECTS YOUR FUTURE & CAREER

Houston DWI Attorney Trichter & LeGrand Law Firm
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HOW DWI AFFECTS YOUR FUTURE AND CAREER

Houston DWI Attorney Trichter & LeGrand Law Firm

Whether You’ve Been Convicted Of DWI For The First Time Or You’ve Had Multiple Convictions, The Being Convicted Of DWI Affects Everything Throughout Your Life From Your Reputation And Career To Insurance Rates And Our Ability To Own A Firearm. 

In Texas, Each Time You Are Convicted Of DWI, The Punishment Becomes More And More Severe Legally, Socially And Professionally.

DWI – The Legal Punishment

To See How The Punishment For DWI Convictions Breaks Out, Read This Page:

You’ll Also Find These Articles Helpful:

Jail Time Versus Prison Time For DWI

If You Are Convicted Of A DWI, You May Have To Serve Either Jail Time Or Prison Time. 

Jail Is Time Spent In The County Institution And Prison Time Is In A State Institution. 

In Both Instances, The Judge Or Jury Can Probate Jail Time. 

This Is Where It Suspends The Incarceration Provided That The Individual Performs Certain Rehabilitation Terms And Conditions Over Time During A Probation Term.

Collateral Consequences Of DWI 

As Harsh As The Above Penalties Are, The Collateral Consequences Of A DWI Conviction Are Even Worse. 

If You Are Convicted You Can Expect:

  • To Pay A Lot Of Money: The Texas Department Of Transportation Estimates That The Out Of Pocket Loss For A 1st time DWI Defender, After Paying Fines, Bonds, Probation Fees, Supervision Fees, Ignition Interlock Fees, Etc., To Be About $17,000!
  •  
  • To Have Higher Insurance Rates: Your Insurance Company May Terminate Your Policy Or Substantially Increase Your Insurance Rates. Read More
  •  
  • To Jeopardize Your Job: Your Employer May Not Be Permitted By Their Insurance Carrier To Allow A Driver To Use Or Access A Needed Company Vehicle If They’ve Been Convicted Of DWI. For Example, If You Drive For UPS, You Are No Longer Allowed To Use Their Delivery Truck. The Same Would Be True If You And Delivery Driver Whether It’s Pizza, Flowers, Uber Eats, Etc. In Short, You’ll Most Likely Be Terminated.

How DWI Affects Pilots

People Involved In Aviation Are Particularly Open For Over-The-Top Punishment If They Get A DWI. 

If You Are A Licensed Commercial Or Private Pilot, You May Be Declined Accident Insurance Coverage Which Means Your Company Will Terminate You.

Indeed, The Federal Aviation Administration Often Sanctions Pilots Even Where A DWI Is Dismissed, But There Has Been Some Type Of Driver’s License Suspension Because Of It.  

In The FAA World, It Doesn’t Matter That The Pilot Has Spent Millions Of Dollars In Training, It Presumes Guilt—Not Innocence—When It Comes To DWI And Pilots.

How DWI Affects Military Service And Future Employment

The Same Political Punishments That Occur In Aviation Also Carry Over To Drivers Who Work As Air Traffic Controllers Or Those Who Work For The Railroads And With Vessel Operations In The Maritime Industry.  

Sadly, For Our Military Personnel Who Are Actively Involved In Protecting Our Freedoms, A DWI May Mean A Career Obstacle To Advancement And Discharge From Service.

Young Drivers Need To Be Very Careful About Not Getting A DWI Or DUI Conviction Because It Could Impact Their Ability To Obtain Future Employment With A Company Of Their Choice. 

Unfortunately, A DWI Conviction Under Texas Law Is Forever! 

It Does Not Go Away And Will Always Be Visible To Law Enforcement And To The General Public.

How DWI Affects Education And Licensing

Besides Future Employment, A DWI Conviction Will Be An Obstacle For Professional Licensing Or Admission Into Professional Schools. 

A DWI Conviction Might Prevent You From Being Admitted To Medical Or Law School, Or If You Are Already In An Educational Institution, It Might Preclude A License From Issuing After Graduation.

How DWI Affects Travel

If You Are Convicted Of DWI, Can No Longer Travel To Some Countries. For Instance:

  • Canada Views DUI As A Felony And, If You Stay Crime-Free, You Can Enter The Country After 10 Years When Your Conviction Is Expunged From Your Record.
  •  
  • In China, Japan, And Malaysia, They Expect You To Be Honest About Your Misdemeanor Charges When Applying For A Travel Visa Because They May Run A Background Check On You. Getting Caught Lying About Your Criminal Record Can Get You Banned From These Countries For Several Years.
  •  
  • Mexico May Refuse You Entry Into The Country If You’ve Had A Drunk Driving Conviction Within The Past 10 Years. So Much For That Trip To Cabo.

Sealing Your DWI Record

On The Flip Side, You Can Make An Effort To Have Your Records Sealed Under A Recent Texas Law If You Meet Certain Conditions. 

However, Even Though A Sealed DWI Is Hidden From The General Public, It’s Never Hidden From Anyone In Law Enforcement And Prosecutors Can Still Use It To Increase Your Punishment.

ASK US ABOUT YOUR RIGHTS

If You Get A DWI—Whether It’s Your First Or Subsequent—You Need To Hire The Very Best Lawyer And Fight It On Every Front. 

Under No Circumstances Should You Ever Surrender Your Right To A Jury Trial.

The Collateral Consequences Of A DWI Are Both Far-Reaching And Unknown For Your Future. 

A DWI Prosecution Can Be Both Defended AND Defeated, But Only To Those Who Are Willing To Look Into The Future And See The Critical Need To Protect It.

Lastly, The Best Defense Against A DWI Conviction Is Simply Not To Drink & Drive And That Is My Final Advice Here.

TELL US ABOUT YOUR CASE

Get A Fast Response

Use the form to request your free consultation to discuss your case with one of our attorneys. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2020 Trichter & LeGrand. All rights reserved
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GREGORY HOULTON JOINS TRICHTER & LEGRAND

Trichter & LeGrand DWI & Criminal Defense Law Firm
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GREGORY HOULTON JOINS TRICHTER & LEGRAND

Trichter & LeGrand DWI & Criminal Defense Law Firm

HOUSTON — May 10, 2018 — The Law Office Of Trichter & LeGrand, P.C. Announced Today That Former Chief Prosecutor With The Harris County District Attorney’s Office, Gregory Houlton, Will Join The Firm On May 14th As Its Newest Criminal Defense Attorney. Houlton Most Recently Served As District Court Chief Responsible For Supervising A Team That Handled More Than 1,000 Criminal Cases At Any Given Time.

“Gregory Houlton Is A Great Attorney And Person Of Substance And Character,” Said J. Gary Trichter, Founder And Partner With Trichter & LeGrand And DWI Specialist By The National College For DUI Defense. “He Has A Passion For The Law And Our Clients Will Benefit Greatly From His Extensive Experience As A Prosecutor. We’re Very Honored That Greg Is Now Part Of The Trichter & LeGrand Team.”

Greg Brings Almost Ten Years Of Experience To Trichter & LeGrand Having Tried More Than 50 Jury Trials As An Assistant District Attorney Including Capital Murders, Murders, Adult And Child Sexual Assaults, Aggravated Robberies, Large Quantity Drug Possession Cases, And DWI’s.

“The Attorneys At Trichter & LeGrand Are Known All Over Houston For Their Aggressive Approach To Defending Their Clients’ Rights,” Houlton Said. “As A Former Prosecutor Having Encountered Them On Many Occasions, They Are Relentless And Deliberate In Pursuing The Best Possible Outcome For Their Clients. I’m Looking Forward To Being Part Of This Great Group Of Lawyers.”

Prior To Joining The HCDA, Greg Was A Summer Law Clerk At The Welscher Law Firm In Houston Where He Worked In Civil Litigation In All Areas From Conducting Initial Client Interviews To Drafting And Editing Both An Appellant And Appellee Brief In A Dual-Appeal. He Served As An Intern With The First Court Of Appeals, Was An Account Manager With The MedLeh Group And Served As A Legislative Aid With The State Of Texas Where He Performed Detailed Bill Analysis Used For Recommendation Of The Senator’s Vote During The 78th Legislative Session.

Greg Received His J.D. From The South Texas College Of Law Where He Graduated In The Top 10% Cum Laude, Order Of The Lytae. He Also Holds A Bachelor’s Of Science Degree In Business Marketing With A Minor In International Studies From The University Of Houston Where He Also Played Football For The University Of Houston Cougars.

TELL US ABOUT YOUR CASE

Form Submissions Get A Fast Response

Use the form to request your free consultation to discuss your case with one of our attorneys. The use of this form does not establish an attorney-client relationship.

The information on this website is for genenral information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2019 Trichter & LeGrand. All rights reserved

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