5 Tips to Help Avoid a DUI Conviction
by: Lawrence Taylor
If you are ever arrested for drunk driving (also called DUI for "driving under the influence" or DWI for "driving while intoxicated"), your experience will begin with an officer stopping you because of some questionable driving pattern, or possibly because you encountered a DUI "sobriety checkpoint" or you were involved in an accident. The officer will approach your car and ask some questions. You will then be asked to perform "field sobriety tests". He may also ask you to breath into a handheld device, technically called a PBT or "preliminary breath test". You will then be arrested. On the way to the police station, you will be asked to submit to a breath or blood test -- and told that if you don't, your driver's license will be suspended.
What should you do and say during all of this to minimize the risk of a criminal conviction and a license suspension?
1. Politely decline to answer any questions without an attorney present. It is a cardinal rule in legal circles that only incriminating statements are included in police reports and later testified to in court; statements pointing to innocence are invariably ignored, forgotten or misinterpreted. Bluntly put, whatever you say will almost never help you and can only hurt you.
2. Decline to take any so-called field sobriety tests. These are theoretically intended to determine impairment, but in fact are designed for failure. In most cases, the officer has already made the decision to arrest and is simply going through the motions and gathering further evidence to bolster his case (he is the one who decides whether you "pass" or "fail"). In almost all states, you are not required to submit to this "testing". It's unlikely that taking it will change the officer's decision to arrest.
3. Decline to take a "PBT" (preliminary breath test). These handheld units are carried by officers in the field to help decide whether to arrest or not and are notoriously inaccurate. In most states, drivers are not required to submit to these tests (in some they are required if you are under 21). Although most states admit the results of these tests into evidence only to show the presence of alcohol, some permit them to prove the actual blood-alcohol level.
4. Do you choose blood, breath -- or refuse to take any chemical test? This is a case-by-case decision, and involves a number of considerations. First, although blood tests are subject to many possible errors, they are generally more accurate than so-called "breathalyzers"; if you feel your blood-alcohol level is below .08%, then you might want to choose the blood test. Secondly, whether to submit to testing at all requires some knowledge of your state's laws -- specifically, the consequences of refusing. If the increased criminal penalty and license suspension do not outweigh the possible benefit of depriving the prosecution of blood-alcohol evidence, then you may wish to refuse. Bear in mind that the prosecution will charge you with two offenses, DUI and driving with over .08% blood-alcohol; without a blood or breath test, he cannot prove the .08% charge, and there will be no chemical evidence to corroborate the officer's testimony. You should also realize that in many states chemical evidence of a very high blood-alcohol level, say over .15%, can trigger more severe penalties.
5. In almost all states, your driver's license will be immediately suspended if either (1) the chemical tests results are .08% or higher, or (2) you refuse to submit to testing. You have a right to a hearing to contest this administrative suspension, and there are many possible defenses, many of them technical in nature. This hearing is usually separate from the criminal proceedings, and involve different procedures and issues than in court; it is not uncommon to lose the criminal case but win the suspension hearing. However, as most motor vehicle departments do not really want the time and expense of providing these hearings, they tend to provide notice of the right buried in fine print given to arrestees. The critical information is the requirement that an actual demand for the hearing must be made by the arrestee -- usually within ten calendar days. If you do not contact the DMV within ten days, you lose all rights to a hearing -- no matter how good a defense you may have. Tip 5: Get an attorney right away, or make the call yourself -- and make sure you can later prove you made the call within the ten day window!
About The Author
Lawrence Taylor is a former prosecutor, Fulbright professor of law, and author of the standard legal textbook, "Drunk Driving Defense, 5th Edition". He heads an 8-attorney DUI defense firm in Los Angeles. See http://www.losangelesduilaw.com for more information.
Saturday, January 27, 2007
DUI: What You Need To Know Now!
DUI: What You Need To Know Now!
by: Frederic Madore
DUI. Driving Under Influence.
You've been told a thousand and one times that you shouldn't drive and drink. Or take drugs for that matter. But when you do get into that sticky DUI situation, here are important information that will get you through your ordeal.
Arrested for DUI.
Once you're arrested for DUI, this is what happens. The officer who caught you will immediately send a copy of the suspension or revocation form of your driver's license with your sworn statement ( you'll be made to sign it) to the Department of Motor Vehicles or DMV. DMW reviews the report and if they say the report is good, which is to your disadvantage, you may request a hearing to contest the suspension or revocation.
Confiscated license after the arrest.
Your driver's license will be returned to you at the end of the suspension or revocation, provided that you pay a re-issue fee to the DMV and file a proof of financial responsibility. IF DMV finds out that there no basis for the suspension or revocation, your driver license will be issued or returned to you.
Order of Suspension and Temporary License.
This is given by the officer after the arrest for DUI. You may drive for 30 days from the date the order of suspension or revocation was issued, provided that you have California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
Administrative Hearing.
Once arrested, the officer will give you a Notice of Suspension which says that you have ten days to request an administrative hearing. A hearing is your opportunity to show that the suspension or revocation is not justified. It's your chance to plead you case.
Suspension of driving privilege of you took the test.
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC (blood/breath alcohol concentration )or more:. A first offense will result in a 4-month suspension. A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
Restricted License.
If you have work and you need to drive to work, you may apply for a restricted license to drive to and from work at any DMV field office.
Refusal to take the chemical test.
You are required by law to take the chemical test to check the alcohol or drug content in your blood. There is no more urine test unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol or both the blood or breath tests are not available. You can also take the urine test if you are hemophiliac (a disease wherein you have uncontrollable bleeding) or you are taking anticoagulant (prevents clotting of the blood) medication in for your heart condition.
Suspension of driving privilege if you refuse to take the chemical test.
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete the test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.
Difference between DUI arrest from suspension or revocation after conviction in criminal court. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
About The Author
Frederic Madore
Frederic Madore is the founder of the http://dui-information-center.info website. Get the best information about DUI and DUI Laws.
by: Frederic Madore
DUI. Driving Under Influence.
You've been told a thousand and one times that you shouldn't drive and drink. Or take drugs for that matter. But when you do get into that sticky DUI situation, here are important information that will get you through your ordeal.
Arrested for DUI.
Once you're arrested for DUI, this is what happens. The officer who caught you will immediately send a copy of the suspension or revocation form of your driver's license with your sworn statement ( you'll be made to sign it) to the Department of Motor Vehicles or DMV. DMW reviews the report and if they say the report is good, which is to your disadvantage, you may request a hearing to contest the suspension or revocation.
Confiscated license after the arrest.
Your driver's license will be returned to you at the end of the suspension or revocation, provided that you pay a re-issue fee to the DMV and file a proof of financial responsibility. IF DMV finds out that there no basis for the suspension or revocation, your driver license will be issued or returned to you.
Order of Suspension and Temporary License.
This is given by the officer after the arrest for DUI. You may drive for 30 days from the date the order of suspension or revocation was issued, provided that you have California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
Administrative Hearing.
Once arrested, the officer will give you a Notice of Suspension which says that you have ten days to request an administrative hearing. A hearing is your opportunity to show that the suspension or revocation is not justified. It's your chance to plead you case.
Suspension of driving privilege of you took the test.
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC (blood/breath alcohol concentration )or more:. A first offense will result in a 4-month suspension. A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
Restricted License.
If you have work and you need to drive to work, you may apply for a restricted license to drive to and from work at any DMV field office.
Refusal to take the chemical test.
You are required by law to take the chemical test to check the alcohol or drug content in your blood. There is no more urine test unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol or both the blood or breath tests are not available. You can also take the urine test if you are hemophiliac (a disease wherein you have uncontrollable bleeding) or you are taking anticoagulant (prevents clotting of the blood) medication in for your heart condition.
Suspension of driving privilege if you refuse to take the chemical test.
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete the test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.
Difference between DUI arrest from suspension or revocation after conviction in criminal court. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
About The Author
Frederic Madore
Frederic Madore is the founder of the http://dui-information-center.info website. Get the best information about DUI and DUI Laws.
How To Find A Good DUI Attorney
How To Find A Good DUI Attorney
by: Lawrence Taylor
You or someone close to you has been arrested for drunk driving. Innocent or not, you know you're a lot better off with an experienced DUI lawyer. So how do you find one? The suggestions provided below will help you find competent and ethical representation -- and avoiding the alternatives.
The best source for finding a good DUI lawyer, of course, is a referral -- a recommendation from someone you trust. This may be a family member or friend who has faced DUI charges before, or it may be your family or business lawyer who can make educated inquiries. Perhaps the best source of referral is to ask a police officer, or go to a courthouse and ask a bailiff of court clerk: Who is the best you've seen? Who would you retain if you were arrested?
One possibility that may come to mind is a referral service of the local Bar Association. This is generally not a good idea, as you will usually be referred to the next attorney on a list of members; the only requirement for inclusion on the list is the request to be placed on it.
Failing a recommendation from a trusted source, the best approach is research on the internet. A lot can be discovered about DUI laws, evidence, procedures, penalties -- and about lawyers who practice in this technical and complex field. There will, of course, be unending advertisements, self-promoting websites and, least useful, endless "directories" of DUI attorneys who have simply paid a lot of money to be included.
One excellent resource is the membership list on the website of the National College for DUI Defense. This is a professional organization of over 800 attorneys nationwide who emphasize drunk driving defense in their practices. Although membership is no guarantee of competence and/or ethics, it is usually a good indication the lawyer is serious about this field. The College emphasizes the education of the Bar through seminars, most notably an intensive annual 3-day seminar at Harvard Law School, and has been recognized by the American Bar Association as the only organization authorized to Board-certify attorneys as "DUI Defense Specialists", a process that is extremely demanding.
In making the important decision of which attorney to have defend you, the following should be considered:
a) DUI defense is a technical and highly specialized field: Does the lawyer handle drinking and driving cases only - or does he accept other types of criminal or civil cases as well? (This would be like a family doctor attempting brain surgery, cancer research and heart transplants.) What percentage of the attorney's caseload consists of DUI Cases?
b) Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab?
c) Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable.
d) Are fees fully explained and set forth in a written contract? Is the fee simply an initial retainer, or is it all-inclusive? Do the fees cover such "extras" as the license suspension hearing, expert testimony, blood reanalysis, trial, subpoena costs, etc.?
e) What is the lawyer's rating with the Martindale-Hubbell International Directory of Attorneys? (The highest rating for competence and ethics is "A-V.")
f) Did the lawyer attend a reputable law school? Is he a member of the National College for DUI Defense? Is he Board-certified by the College?
g) Have there been any State Bar complaints against the attorney? (Most State Bar Associations maintain disciplinary records online.)
About The Author
Lawrence Taylor is the senior member of an AV-rated law firm of California DUI attorneys practicing drunk driving defense exclusively. See http://www.duicentral.com/ for more information.
by: Lawrence Taylor
You or someone close to you has been arrested for drunk driving. Innocent or not, you know you're a lot better off with an experienced DUI lawyer. So how do you find one? The suggestions provided below will help you find competent and ethical representation -- and avoiding the alternatives.
The best source for finding a good DUI lawyer, of course, is a referral -- a recommendation from someone you trust. This may be a family member or friend who has faced DUI charges before, or it may be your family or business lawyer who can make educated inquiries. Perhaps the best source of referral is to ask a police officer, or go to a courthouse and ask a bailiff of court clerk: Who is the best you've seen? Who would you retain if you were arrested?
One possibility that may come to mind is a referral service of the local Bar Association. This is generally not a good idea, as you will usually be referred to the next attorney on a list of members; the only requirement for inclusion on the list is the request to be placed on it.
Failing a recommendation from a trusted source, the best approach is research on the internet. A lot can be discovered about DUI laws, evidence, procedures, penalties -- and about lawyers who practice in this technical and complex field. There will, of course, be unending advertisements, self-promoting websites and, least useful, endless "directories" of DUI attorneys who have simply paid a lot of money to be included.
One excellent resource is the membership list on the website of the National College for DUI Defense. This is a professional organization of over 800 attorneys nationwide who emphasize drunk driving defense in their practices. Although membership is no guarantee of competence and/or ethics, it is usually a good indication the lawyer is serious about this field. The College emphasizes the education of the Bar through seminars, most notably an intensive annual 3-day seminar at Harvard Law School, and has been recognized by the American Bar Association as the only organization authorized to Board-certify attorneys as "DUI Defense Specialists", a process that is extremely demanding.
In making the important decision of which attorney to have defend you, the following should be considered:
a) DUI defense is a technical and highly specialized field: Does the lawyer handle drinking and driving cases only - or does he accept other types of criminal or civil cases as well? (This would be like a family doctor attempting brain surgery, cancer research and heart transplants.) What percentage of the attorney's caseload consists of DUI Cases?
b) Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab?
c) Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable.
d) Are fees fully explained and set forth in a written contract? Is the fee simply an initial retainer, or is it all-inclusive? Do the fees cover such "extras" as the license suspension hearing, expert testimony, blood reanalysis, trial, subpoena costs, etc.?
e) What is the lawyer's rating with the Martindale-Hubbell International Directory of Attorneys? (The highest rating for competence and ethics is "A-V.")
f) Did the lawyer attend a reputable law school? Is he a member of the National College for DUI Defense? Is he Board-certified by the College?
g) Have there been any State Bar complaints against the attorney? (Most State Bar Associations maintain disciplinary records online.)
About The Author
Lawrence Taylor is the senior member of an AV-rated law firm of California DUI attorneys practicing drunk driving defense exclusively. See http://www.duicentral.com/ for more information.
Do I Need A DUI Lawyer?
Do I Need A DUI Lawyer?
by: D Ruplinger
You’ve been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you.
Because DUI laws vary among each state (www.duislawyer.com/stateduilaws), hire a lawyer that has expertise with the laws in the state where you were arrested. Also, hire a lawyer that specializes in DUI cases. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his or her time handling DUI cases. It may be tempting to hire your local lawyer who deals with a veritable buffet of issues such as DUI’s, divorce, wills, and bankruptcy, etc. but DUI law is extensive and continually changing so you will likely be much better hiring a specialist in DUI.
Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case.
Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience.
The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer.
Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you.
A few questions you may want to have on the list you make are:
1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)
2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)
3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).
4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)
These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.
About The Author
D Ruplinger is a featured writer for http://www.duislawyer.com. For more information about DUI Lawyers, DUI Penalties and DUI statistics visit: http://www.duislawyer.com/duistatistics.
by: D Ruplinger
You’ve been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you.
Because DUI laws vary among each state (www.duislawyer.com/stateduilaws), hire a lawyer that has expertise with the laws in the state where you were arrested. Also, hire a lawyer that specializes in DUI cases. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his or her time handling DUI cases. It may be tempting to hire your local lawyer who deals with a veritable buffet of issues such as DUI’s, divorce, wills, and bankruptcy, etc. but DUI law is extensive and continually changing so you will likely be much better hiring a specialist in DUI.
Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case.
Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience.
The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer.
Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you.
A few questions you may want to have on the list you make are:
1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)
2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)
3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).
4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)
These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.
About The Author
D Ruplinger is a featured writer for http://www.duislawyer.com. For more information about DUI Lawyers, DUI Penalties and DUI statistics visit: http://www.duislawyer.com/duistatistics.
5 Tips on How to Avoid a False DUI Breathalyzer Result
5 Tips on How to Avoid a False DUI Breathalyzer Result
by: Lawrence Taylor
Let's say you had a drink or two but don't feel you are under the influence of alcohol. However, you are arrested on suspicion of drunk driving and offered the choice of taking a breath or blood test (or, in some states, urine). Most DUI suspects choose the breath test -- a choice which could doom your chances to prove your innocence. Consider the following advice when deciding which test to take:
1. If you smoke cigarettes, you may want to pass on that Breathalyzer mouthpiece the officer is handing you. Scientific research has shown that smoking can raise the test result considerably -- enough to get you charged and convicted of drunk driving. This is because most breath analyzing devices will falsely report acetaldehyde as alcohol. Acetaldehyde is a compound produced in the liver in small amounts as a by-product in the metabolism of alcohol. However, scientists have found acetaldehyde concentrations in the lungs of smokers are far greater than for non-smokers. ("Origin of Breath Acetaldehyde During Ethanol Oxidation: Effect of Long-Term Cigarette Smoking", 100 Journal of Laboratory Clinical Medicine 908). Translated: because breathalyzers can’t tell the difference between alcohol and acetaldehyde, cigarette smokers will have a higher blood-alcohol reading.
2. If you are a diabetic with possible low blood sugar, you should also avoid the breath test. A well-documented by-product of hypoglycemia (low blood sugar) is a state called ketoacidosis, which causes the production of acetone -- and acetone, like acetaldehyde, will be reported by the Brethalyzer as alcohol. In other words, the Breathalyzer will read significant levels of alcohol on a diabetic’s breath where there may be little or none. See "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving (1993). To make matters worse, the reactions of a person in the early stages of a diabetic attack include dizziness, blurred vision, slurred speech, weakness, loss of coordination and confusion -- the same symptoms which the patrol officer is looking for: the clear signs of a person under the influence of alcohol. And the officer's observations are quickly followed by a failing performance on DUI field sobriety tests.
3. Are you on a low-carb diet? Or had nothing to eat in quite awhile? Avoid the Breathalyzer in a DUI investigation -- for the same reasons stated in number 2. Perfectly normal, healthy individuals can experience temporary conditions of low blood sugar after consuming small amounts of alcohol, resulting in exaggerated but false symptoms of intoxication. Fasting glycemia can exist where a person has not eaten in 24 hours or has been on a low-carbohydrate diet. Production of glucose in the liver is stopped while the alcohol is broken down. Result: the blood sugar level will drop, affecting the central nervous system -- and producing symptoms of a person under the influence of alcohol and a higher breath test result.
4. If you have acid reflux or have burped or belched before taking the Breathalyzer, offer to provide a blood sample instead. The reason is that you will be breathing alcohol from your stomach into your throat and oral cavity, where it will stay for 20 minutes or so -- to be breathed directly into the breath machine. This is not a good thing. The machine's computer is multiplying the amount of alcohol in the breath sample by 2100 times to provide a reading of the alcohol in the blood. This is because it assumes the sample came from the lungs, not the stomach, and the average person has 2100 units of alcohol in his blood for every unit of alcohol in his breath (called the partition ratio). The Breathalyzer does not "know" that your breath sample is not from your lungs and that it should not multiply the alcohol level by anything. Result: false high readings -- and a DUI conviction.
5. When you see that officer in the rear-view mirror, don't reach for the mouthwash or breath spray to disguise the drink or two you've had. Most of them contain significant levels of alcohol (Listerine, for example is 27% alcohol) and create a mouth alcohol effect: they remain in the oral cavity for 20 minutes or so -- just long enough to be breathed into the Breathalyzer, with the same results mentioned in number 4. Some breath machines have a mouth alcohol detector, but these are highly unreliable.
About The Author
Lawrence Taylor is the senior member of an AV-rated law firm of Las Vegas DUI lawyers practicing drunk driving defense exclusively. See http://www.duilasvegas.com/ for more information.
by: Lawrence Taylor
Let's say you had a drink or two but don't feel you are under the influence of alcohol. However, you are arrested on suspicion of drunk driving and offered the choice of taking a breath or blood test (or, in some states, urine). Most DUI suspects choose the breath test -- a choice which could doom your chances to prove your innocence. Consider the following advice when deciding which test to take:
1. If you smoke cigarettes, you may want to pass on that Breathalyzer mouthpiece the officer is handing you. Scientific research has shown that smoking can raise the test result considerably -- enough to get you charged and convicted of drunk driving. This is because most breath analyzing devices will falsely report acetaldehyde as alcohol. Acetaldehyde is a compound produced in the liver in small amounts as a by-product in the metabolism of alcohol. However, scientists have found acetaldehyde concentrations in the lungs of smokers are far greater than for non-smokers. ("Origin of Breath Acetaldehyde During Ethanol Oxidation: Effect of Long-Term Cigarette Smoking", 100 Journal of Laboratory Clinical Medicine 908). Translated: because breathalyzers can’t tell the difference between alcohol and acetaldehyde, cigarette smokers will have a higher blood-alcohol reading.
2. If you are a diabetic with possible low blood sugar, you should also avoid the breath test. A well-documented by-product of hypoglycemia (low blood sugar) is a state called ketoacidosis, which causes the production of acetone -- and acetone, like acetaldehyde, will be reported by the Brethalyzer as alcohol. In other words, the Breathalyzer will read significant levels of alcohol on a diabetic’s breath where there may be little or none. See "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving (1993). To make matters worse, the reactions of a person in the early stages of a diabetic attack include dizziness, blurred vision, slurred speech, weakness, loss of coordination and confusion -- the same symptoms which the patrol officer is looking for: the clear signs of a person under the influence of alcohol. And the officer's observations are quickly followed by a failing performance on DUI field sobriety tests.
3. Are you on a low-carb diet? Or had nothing to eat in quite awhile? Avoid the Breathalyzer in a DUI investigation -- for the same reasons stated in number 2. Perfectly normal, healthy individuals can experience temporary conditions of low blood sugar after consuming small amounts of alcohol, resulting in exaggerated but false symptoms of intoxication. Fasting glycemia can exist where a person has not eaten in 24 hours or has been on a low-carbohydrate diet. Production of glucose in the liver is stopped while the alcohol is broken down. Result: the blood sugar level will drop, affecting the central nervous system -- and producing symptoms of a person under the influence of alcohol and a higher breath test result.
4. If you have acid reflux or have burped or belched before taking the Breathalyzer, offer to provide a blood sample instead. The reason is that you will be breathing alcohol from your stomach into your throat and oral cavity, where it will stay for 20 minutes or so -- to be breathed directly into the breath machine. This is not a good thing. The machine's computer is multiplying the amount of alcohol in the breath sample by 2100 times to provide a reading of the alcohol in the blood. This is because it assumes the sample came from the lungs, not the stomach, and the average person has 2100 units of alcohol in his blood for every unit of alcohol in his breath (called the partition ratio). The Breathalyzer does not "know" that your breath sample is not from your lungs and that it should not multiply the alcohol level by anything. Result: false high readings -- and a DUI conviction.
5. When you see that officer in the rear-view mirror, don't reach for the mouthwash or breath spray to disguise the drink or two you've had. Most of them contain significant levels of alcohol (Listerine, for example is 27% alcohol) and create a mouth alcohol effect: they remain in the oral cavity for 20 minutes or so -- just long enough to be breathed into the Breathalyzer, with the same results mentioned in number 4. Some breath machines have a mouth alcohol detector, but these are highly unreliable.
About The Author
Lawrence Taylor is the senior member of an AV-rated law firm of Las Vegas DUI lawyers practicing drunk driving defense exclusively. See http://www.duilasvegas.com/ for more information.
Let A DUI Lawyer Protect Your Rights
Let A DUI Lawyer Protect Your Rights
by: Bill Wilson
The consequences of Driving Under The Influence, or DUI, charges are far reaching. The criminal justice system can be a complicated process and the penalties of a DUI are quite severe. You should be aware that in some cases, those convicted of a DUI are subject to significant fines, legal costs, court costs, and even jail time.
Every person facing this charge is in need of a good defense and protection of their rights. The reason you need to obtain an experienced DUI lawyer is that research shows that many individuals arrested and charged with DUI are not guilty because they haven't had too much to drink. While the State has a duty to enforce the law, persons accused of crimes such as driving under the influence are still innocent until proven guilty.
There are a number of opportunities to build a solid defense for these cases, as it was found that breathalyzer machines can often give false readings. Successful defense of a drunk driving charge requires specialized defenses. Attorneys that specialize in this particular type of case are best qualified to formulate your defense and protect your rights in court.
Who Gets Arrested for DUI
Statistics show that males between the ages of 16 and 24 are most likely to be arrested on DUI charges. Most individuals arrested are middle class working citizens. Sadly, DUI statistics also indicate that approximately one-third of those arrested are repeat offenders.
DUI Fines and Penalties
The penalties for DUI are different than those for DWI (Driving While Intoxicated), but are still severe and can result in long term negative consequences for you and your future.
The penalty for a first DUI offense can be limited to just a fine. However, the fines can vary and sometimes are very large. Also, in some states, fines may be doubled if a passenger under 16 years old is riding in your car.
But, depending on the jurisdiction, the penalty can also result in the revocation of your license, a criminal record, a short jail sentence, and/or public service. Prosecutors in many states have pressed for tougher penalties because many DUI suspects, especially repeat offenders, refuse to take the breathalyzer test. Unfortunately, these more severe penalties affect those who have been cooperative or have been wrongly accused.
For those who are repeat DUI offenders, you will generally face mandatory loss of license, jail time, and significant fines and court costs. So, just accepting the charges without a strong legal defense is a formula for personal disaster.
DUI Legal Defense
A DUI lawyer can help mitigate or reduce the charges and ensure that your rights are protected to the extent of the law. The plain facts are that many people arrested and charged with DUI are not guilty. Even if you have made statements at the time of arrest, they can be thrown out as part of the proceedings. A qualified DUI attorney will know all the details and the legal procedures involved.
The penalties for DUI are severe, and should be taken very seriously. Being found guilty of a DUI charge can have life-altering consequences for you and your family. So, think about it - can you afford to be without legal counsel? Not a chance!
About The Author
Bill Wilson is a freelance writer for many online publications and newsletters. He is a legal researcher and consumer advocate. You can learn more about the need for a DUI lawyer and legal defense strategies by visiting http://www.attorney-assistance.com, where you will also find info on DUI fines, DUI defenses, DUI law and more. Mr. Wilson can be contacted at info@attorney-assistance.com.
by: Bill Wilson
The consequences of Driving Under The Influence, or DUI, charges are far reaching. The criminal justice system can be a complicated process and the penalties of a DUI are quite severe. You should be aware that in some cases, those convicted of a DUI are subject to significant fines, legal costs, court costs, and even jail time.
Every person facing this charge is in need of a good defense and protection of their rights. The reason you need to obtain an experienced DUI lawyer is that research shows that many individuals arrested and charged with DUI are not guilty because they haven't had too much to drink. While the State has a duty to enforce the law, persons accused of crimes such as driving under the influence are still innocent until proven guilty.
There are a number of opportunities to build a solid defense for these cases, as it was found that breathalyzer machines can often give false readings. Successful defense of a drunk driving charge requires specialized defenses. Attorneys that specialize in this particular type of case are best qualified to formulate your defense and protect your rights in court.
Who Gets Arrested for DUI
Statistics show that males between the ages of 16 and 24 are most likely to be arrested on DUI charges. Most individuals arrested are middle class working citizens. Sadly, DUI statistics also indicate that approximately one-third of those arrested are repeat offenders.
DUI Fines and Penalties
The penalties for DUI are different than those for DWI (Driving While Intoxicated), but are still severe and can result in long term negative consequences for you and your future.
The penalty for a first DUI offense can be limited to just a fine. However, the fines can vary and sometimes are very large. Also, in some states, fines may be doubled if a passenger under 16 years old is riding in your car.
But, depending on the jurisdiction, the penalty can also result in the revocation of your license, a criminal record, a short jail sentence, and/or public service. Prosecutors in many states have pressed for tougher penalties because many DUI suspects, especially repeat offenders, refuse to take the breathalyzer test. Unfortunately, these more severe penalties affect those who have been cooperative or have been wrongly accused.
For those who are repeat DUI offenders, you will generally face mandatory loss of license, jail time, and significant fines and court costs. So, just accepting the charges without a strong legal defense is a formula for personal disaster.
DUI Legal Defense
A DUI lawyer can help mitigate or reduce the charges and ensure that your rights are protected to the extent of the law. The plain facts are that many people arrested and charged with DUI are not guilty. Even if you have made statements at the time of arrest, they can be thrown out as part of the proceedings. A qualified DUI attorney will know all the details and the legal procedures involved.
The penalties for DUI are severe, and should be taken very seriously. Being found guilty of a DUI charge can have life-altering consequences for you and your family. So, think about it - can you afford to be without legal counsel? Not a chance!
About The Author
Bill Wilson is a freelance writer for many online publications and newsletters. He is a legal researcher and consumer advocate. You can learn more about the need for a DUI lawyer and legal defense strategies by visiting http://www.attorney-assistance.com, where you will also find info on DUI fines, DUI defenses, DUI law and more. Mr. Wilson can be contacted at info@attorney-assistance.com.
Drunk Driving: DUI or DWI it doesn’t matter
Drunk Driving: DUI or DWI it doesn’t matter
by: Stuart Simpson
You know it’s a problem to drink and drive. Drinking and driving is the most frequently committed crime. 115 people a day die from car accidents. Of that, 47 had been drinking. Most of the accidents occur between midnight and 3 am. 43% of the fatal accidents of drunk drivers happen on the weekend. Holidays always play an important role, too. New Year’s Day is number one at 67%. Fortunately, cars are getting safer and the statistics are slowing from early 1960’s levels.
You don’t have to be “drunk” to impair your driving skills. Most don’t appear “drunk” when they get behind the wheel. You have to allow time to “sober up” after drinking if you have to drive. Normally, it takes your body one hour to allow your body to metabolize the alcohol of one drink.
What about driving? Do you have to be behind the wheel? Some states are very specific about actually driving. Some states use the term “operating” which can mean sitting in the front seat fiddling with the radio. Other states are stricter in identifying you as being able to operate the vehicle, even though you aren’t driving or even have the engine running. And driving isn’t just limited to a car. Most states use the term “motor vehicle”. This refers to any vehicle with a motor – motorcycles, boats, and some states even include bikes and horses. A horse?
If you actually want to drink and drive, where can you drive? You can’t drive on any public road or even private land if it puts the public in harm’s way. Literally, most laws say “in the state” and that, my friends, means anywhere inside the state lines, private or otherwise.
Your lawyer doesn’t have to prove intent, either, as in most criminal cases. If you had a general intent to drink, then drove, then you are done. Driving after you have been drinking shows you had intent.
Its simple folks, if you drink don’t drive. And if you are the driver, don’t drink.
About The Author
Stuart Simpson
Of course, none of this is to replace you speaking with an attorney if you are needing advice about a dui or dwi. Laws vary from state to state.
www.dwi-dui-attorney.com
by: Stuart Simpson
You know it’s a problem to drink and drive. Drinking and driving is the most frequently committed crime. 115 people a day die from car accidents. Of that, 47 had been drinking. Most of the accidents occur between midnight and 3 am. 43% of the fatal accidents of drunk drivers happen on the weekend. Holidays always play an important role, too. New Year’s Day is number one at 67%. Fortunately, cars are getting safer and the statistics are slowing from early 1960’s levels.
You don’t have to be “drunk” to impair your driving skills. Most don’t appear “drunk” when they get behind the wheel. You have to allow time to “sober up” after drinking if you have to drive. Normally, it takes your body one hour to allow your body to metabolize the alcohol of one drink.
What about driving? Do you have to be behind the wheel? Some states are very specific about actually driving. Some states use the term “operating” which can mean sitting in the front seat fiddling with the radio. Other states are stricter in identifying you as being able to operate the vehicle, even though you aren’t driving or even have the engine running. And driving isn’t just limited to a car. Most states use the term “motor vehicle”. This refers to any vehicle with a motor – motorcycles, boats, and some states even include bikes and horses. A horse?
If you actually want to drink and drive, where can you drive? You can’t drive on any public road or even private land if it puts the public in harm’s way. Literally, most laws say “in the state” and that, my friends, means anywhere inside the state lines, private or otherwise.
Your lawyer doesn’t have to prove intent, either, as in most criminal cases. If you had a general intent to drink, then drove, then you are done. Driving after you have been drinking shows you had intent.
Its simple folks, if you drink don’t drive. And if you are the driver, don’t drink.
About The Author
Stuart Simpson
Of course, none of this is to replace you speaking with an attorney if you are needing advice about a dui or dwi. Laws vary from state to state.
www.dwi-dui-attorney.com
What Happens When a Pilot gets a DUI/DWI?
What Happens When a Pilot gets a DUI/DWI?
by: Stuart Simpson
Your worst nightmare as a pilot – a DUI. Will this end your career as a pilot? What if you are the lawyer representing a pilot? Is this a simple DUI case or will it end your law career with a malpractice lawsuit? I know these questions can light up your eyes to why a pilot is different when they get a DUI.
First, pilot or not, you have to follow your state laws. Keep in mind your time frame for appeals or administrative hearings. You could probably get your driver’s license back under an occupational license during your suspension. Even if its your first offense, you better be on your toes if you want to keep flying.
Second, pilots fall under another set of rules from the FAA. They are the FARS (Federal Aviation Regulations). Do you have to report to the FAA now or later? Can I just put it on my FAA First Class Medical Certificate? Can I just call the CFI (certified flight instructor) at the local FAA office FSDO (Flight Standards District Office)?
Your most important resource (lawyer or pilot) is Section 61.15 of the FARS. Section (e) states that you must report “not later than 60 days after the motor vehicle action”. It lists the things you must submit to the FAA, Civil Action Security Division in Oklahoma City, not your local FSDO. This is very serious as section (f) states “Failure to comply with paragraph (e) of this section is grounds for . . .(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.”
In summary, what do you do? If you are convicted of a DUI/DWI, it must be reported on your medical application. You also have to notify the FAA in Oklahoma City within 60 days of the conviction. Do NOT contact the local FSDO, as this is NOT incompliance with the FARS. Do this quick or face a suspension for a non-reporting violation.
Drinking and Driving is bad. Drinking and flying is worse. Both can end careers, lives and marriages. They can even take innocent victims. Also, if you have two separate incidents within a 3-year period, then the FAA can deny an application or revoke/suspend a pilot’s license. You can avoid all of this by not drinking and driving.
About The Author
Stuart Simpson collects information on DUI and DWI at:
http://www.dwi-dui-attorney.com/
by: Stuart Simpson
Your worst nightmare as a pilot – a DUI. Will this end your career as a pilot? What if you are the lawyer representing a pilot? Is this a simple DUI case or will it end your law career with a malpractice lawsuit? I know these questions can light up your eyes to why a pilot is different when they get a DUI.
First, pilot or not, you have to follow your state laws. Keep in mind your time frame for appeals or administrative hearings. You could probably get your driver’s license back under an occupational license during your suspension. Even if its your first offense, you better be on your toes if you want to keep flying.
Second, pilots fall under another set of rules from the FAA. They are the FARS (Federal Aviation Regulations). Do you have to report to the FAA now or later? Can I just put it on my FAA First Class Medical Certificate? Can I just call the CFI (certified flight instructor) at the local FAA office FSDO (Flight Standards District Office)?
Your most important resource (lawyer or pilot) is Section 61.15 of the FARS. Section (e) states that you must report “not later than 60 days after the motor vehicle action”. It lists the things you must submit to the FAA, Civil Action Security Division in Oklahoma City, not your local FSDO. This is very serious as section (f) states “Failure to comply with paragraph (e) of this section is grounds for . . .(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.”
In summary, what do you do? If you are convicted of a DUI/DWI, it must be reported on your medical application. You also have to notify the FAA in Oklahoma City within 60 days of the conviction. Do NOT contact the local FSDO, as this is NOT incompliance with the FARS. Do this quick or face a suspension for a non-reporting violation.
Drinking and Driving is bad. Drinking and flying is worse. Both can end careers, lives and marriages. They can even take innocent victims. Also, if you have two separate incidents within a 3-year period, then the FAA can deny an application or revoke/suspend a pilot’s license. You can avoid all of this by not drinking and driving.
About The Author
Stuart Simpson collects information on DUI and DWI at:
http://www.dwi-dui-attorney.com/
DWI: Its Dangers And Consequences
DWI: Its Dangers And Consequences
by: Michael Sanford
You've heard it all before. Don't drink and drive. Everyday, hundreds of people get into car accidents resulting from drunk driving. Driving While Intoxicated (DWI) is a crime. DWI laws are strictly enforced various states. DWI penalties include loss of driving privileges, fines and possible jail time. Any amount of drinking will affect your judgment and coordination and will reduce your ability to safely operate a vehicle. The degree of impairment depends on five factors: 1.) the amount you drink; 2.) whether you've eaten before or while drinking; 3.) your body weight; 4.) length of time spent drinking and; 5.) your gender. There is no quick way to 'sober up', except to wait for your body to metabolize the alcohol. The average metabolism rate is about one drink per hour.
DWI can also result from taking drugs. Drug possession is a grave offense under the law and an accompanying DWI will mean more trouble for the offender. Most often DWI offenders take drugs to stay awake and operate the vehicle. However, these drugs can also cloud your judgment, such as estimating distance and speed, which puts your life and the pedestrians in danger.
Many people caught for DWI have tried to evade the police by convincing them that they are not intoxicated. Here are the top three DWI myths and the truth behind them:
Myth 1: "Alcohol on the breath" is a reliable sign of alcohol consumption and intoxication.
Fact: Alcohol is actually odorless.... it has no smell. What people perceive as alcohol on the breath is actually the odor of things commonly found in alcoholic beverages. The breath of a person who drinks a non-alcoholic beer will smell the same as that of a person who has consumed an alcoholic beer.
Myth 2: People who abstain from alcohol are "alcohol-free" and can't be arrested for DWI.
Fact: The human body produces its own supply of alcohol naturally on a continuous basis, 24 hours a day, seven days a week. It's called endogenous ethanol production. Therefore, we always have alcohol in our bodies and in some cases people produce enough to become legally intoxicated and arrested for DWI.
Myth 3: Breathalyzers and other breath testers used for DWI confirmation are accurate
Fact: There are many, many sources of error in breath testers.
Penalties on DWI offense are serious. You may even have to go jail with maximum time of seven years and have your driving license revoked. DWI is serious because you are not just endangering your life but also the lives of the people around you. Not only that, you stand to pay for any damages done on state and personal property because of your DWI offense. Furthermore, if you cannot pay the said amount, it will mean additional jail time for you.
The worst DWI incident that can take place is a car accident that concerns a death on either of the parties. Such accident could result to a homicide case and may mean a prison sentence of 12 to 15, may even life depending on how many died due to your DWI recklessness.
So heed the advise given to your by anti-drunk driving organization. Do not grab the wheel and commit DWI when you've had more than a glass of alcohol to drink. If you must get home, hail a taxicab instead and leave your car with a friend. DWI can mean your death. Better be prepared than sorry in the end.
About The Author
Michael Sanford
Get More vital law information that could save your life at http://www.lawyer-and-attorney.com/.
by: Michael Sanford
You've heard it all before. Don't drink and drive. Everyday, hundreds of people get into car accidents resulting from drunk driving. Driving While Intoxicated (DWI) is a crime. DWI laws are strictly enforced various states. DWI penalties include loss of driving privileges, fines and possible jail time. Any amount of drinking will affect your judgment and coordination and will reduce your ability to safely operate a vehicle. The degree of impairment depends on five factors: 1.) the amount you drink; 2.) whether you've eaten before or while drinking; 3.) your body weight; 4.) length of time spent drinking and; 5.) your gender. There is no quick way to 'sober up', except to wait for your body to metabolize the alcohol. The average metabolism rate is about one drink per hour.
DWI can also result from taking drugs. Drug possession is a grave offense under the law and an accompanying DWI will mean more trouble for the offender. Most often DWI offenders take drugs to stay awake and operate the vehicle. However, these drugs can also cloud your judgment, such as estimating distance and speed, which puts your life and the pedestrians in danger.
Many people caught for DWI have tried to evade the police by convincing them that they are not intoxicated. Here are the top three DWI myths and the truth behind them:
Myth 1: "Alcohol on the breath" is a reliable sign of alcohol consumption and intoxication.
Fact: Alcohol is actually odorless.... it has no smell. What people perceive as alcohol on the breath is actually the odor of things commonly found in alcoholic beverages. The breath of a person who drinks a non-alcoholic beer will smell the same as that of a person who has consumed an alcoholic beer.
Myth 2: People who abstain from alcohol are "alcohol-free" and can't be arrested for DWI.
Fact: The human body produces its own supply of alcohol naturally on a continuous basis, 24 hours a day, seven days a week. It's called endogenous ethanol production. Therefore, we always have alcohol in our bodies and in some cases people produce enough to become legally intoxicated and arrested for DWI.
Myth 3: Breathalyzers and other breath testers used for DWI confirmation are accurate
Fact: There are many, many sources of error in breath testers.
Penalties on DWI offense are serious. You may even have to go jail with maximum time of seven years and have your driving license revoked. DWI is serious because you are not just endangering your life but also the lives of the people around you. Not only that, you stand to pay for any damages done on state and personal property because of your DWI offense. Furthermore, if you cannot pay the said amount, it will mean additional jail time for you.
The worst DWI incident that can take place is a car accident that concerns a death on either of the parties. Such accident could result to a homicide case and may mean a prison sentence of 12 to 15, may even life depending on how many died due to your DWI recklessness.
So heed the advise given to your by anti-drunk driving organization. Do not grab the wheel and commit DWI when you've had more than a glass of alcohol to drink. If you must get home, hail a taxicab instead and leave your car with a friend. DWI can mean your death. Better be prepared than sorry in the end.
About The Author
Michael Sanford
Get More vital law information that could save your life at http://www.lawyer-and-attorney.com/.
Houston Lawyer, Jack Carroll, discusses facts about DWI
Houston Lawyer, Jack Carroll, discusses facts about DWI
by: Jack Carroll
You thought it could never happen to you, but suddenly you find yourself in a situation that you did not expect. What do you do? Contact Texas drunk driving defense lawyers Jack Carroll or Don Becker to protect your rights! The Texas Department of Motor Vehicles can suspend your license if you refuse to take a breath test, blood test, or urine test. WARNING! You have a limited amount of time (15 days) in which to appeal this administrative license suspension.
When you have been investigate or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance cost, fines, court costs, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.
The Texas law says that the District Attorney need only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dry, but it is not quite as simple as that.
You see, if challenged, the District Attorney must also show all of the following:
That the arresting officer made the arrest properly,
That you were properly advised of your rights,
That the equipment the officer used to test you was working, accurately,
Etc.
Also, the office that administered the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing studenfst class before administering these tests. We have handled hundreds of (DWI) cases and know every trick and nuance officers use to cause you to fail. Before and at trial we will grade the officers to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the District Attorney or the jury to show that the tests results were unreliable and should not be believed.
When you retain Jack or Don, not some underling, we will insist that the District Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions we ask them.
We will insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.
We will insist on receiving copies of records showing that the equipment used for test was functioning properly and that the person giving the test was properly certified/
As you can see, what looks simple gets pretty complex. As your criminal defense attorney we will insist that all this information be provided and we will walk through all this information as we discuss and proceed on your case.
DRIVER LICENSE SUSPENSION – Your arrest may have included a cancellation of your Texas driving privileges for a specific period of time. YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR ARREST TO REQUEST A HEARING ON THIS MATTER. We believe that this hearing is extremely important, not only to challenge your suspension but also as an opportunity for your attorney to question the arresting officer to find out exactly what he is going to say in court. If you retain our firm to represent you, part of that representation includes representing you at the driver license suspension. However, remember you must request this hearing no later than 15 days from your arrest so it is important that you contact us as soon as possible to schedule an appointment. If your Texas driving privileges are ultimately suspended, in most cases we can get you an Occupational License that will allow you to drive to and from work.
WARNING TEXAS DRIVER LICENSE SURCHARGE! Beginning with any Texas DWI Conviction for an offense committed on or after 09/01/03, the Texas Department If Public Safety is authorized to charge a surcharge on your Driver’s License. This charge will range from $1,000.00 to $2000.000 a year for three years. Depending on whether you provided a breath sample, and the results were positive for intoxication, you could be facing a $6,000.00 fee to keep your license.
The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real life criminal law is NOT like television. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring a criminal defense attorney can be the most important decision you make.
by: Jack Carroll
You thought it could never happen to you, but suddenly you find yourself in a situation that you did not expect. What do you do? Contact Texas drunk driving defense lawyers Jack Carroll or Don Becker to protect your rights! The Texas Department of Motor Vehicles can suspend your license if you refuse to take a breath test, blood test, or urine test. WARNING! You have a limited amount of time (15 days) in which to appeal this administrative license suspension.
When you have been investigate or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance cost, fines, court costs, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.
The Texas law says that the District Attorney need only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dry, but it is not quite as simple as that.
You see, if challenged, the District Attorney must also show all of the following:
That the arresting officer made the arrest properly,
That you were properly advised of your rights,
That the equipment the officer used to test you was working, accurately,
Etc.
Also, the office that administered the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing studenfst class before administering these tests. We have handled hundreds of (DWI) cases and know every trick and nuance officers use to cause you to fail. Before and at trial we will grade the officers to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the District Attorney or the jury to show that the tests results were unreliable and should not be believed.
When you retain Jack or Don, not some underling, we will insist that the District Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions we ask them.
We will insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.
We will insist on receiving copies of records showing that the equipment used for test was functioning properly and that the person giving the test was properly certified/
As you can see, what looks simple gets pretty complex. As your criminal defense attorney we will insist that all this information be provided and we will walk through all this information as we discuss and proceed on your case.
DRIVER LICENSE SUSPENSION – Your arrest may have included a cancellation of your Texas driving privileges for a specific period of time. YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR ARREST TO REQUEST A HEARING ON THIS MATTER. We believe that this hearing is extremely important, not only to challenge your suspension but also as an opportunity for your attorney to question the arresting officer to find out exactly what he is going to say in court. If you retain our firm to represent you, part of that representation includes representing you at the driver license suspension. However, remember you must request this hearing no later than 15 days from your arrest so it is important that you contact us as soon as possible to schedule an appointment. If your Texas driving privileges are ultimately suspended, in most cases we can get you an Occupational License that will allow you to drive to and from work.
WARNING TEXAS DRIVER LICENSE SURCHARGE! Beginning with any Texas DWI Conviction for an offense committed on or after 09/01/03, the Texas Department If Public Safety is authorized to charge a surcharge on your Driver’s License. This charge will range from $1,000.00 to $2000.000 a year for three years. Depending on whether you provided a breath sample, and the results were positive for intoxication, you could be facing a $6,000.00 fee to keep your license.
The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real life criminal law is NOT like television. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring a criminal defense attorney can be the most important decision you make.
DWI Laws and You: What You Need To Know
DWI Laws and You: What You Need To Know
by: Peter Wallander
For many people, the act of driving while intoxicated (DWI) is one of the worst crimes that someone can commit. In reaction to that, the DWI laws are becoming tougher by the day. While there is no one set of laws that cover every state, they are somewhat similar in nature and in penalty.
Most states follow the same penalty structure, beginning with the suspension of the drivers' license. This can be done immediately if the suspected driver refuses to submit to a chemical drug or alcohol test at the time of the alleged violation. The penalty phase then moves to jail time and confiscation of the vehicle.
Some states are working on passing laws that will make a driver under the influence responsible for any type of traffic accident whether or not they were actually at fault. This would mean that if you are intoxicated and are hit by another, un-intoxicated, driver who runs a stop sign or crosses into your lane, that you would legally be at fault.
Several states, forty-two to be exact, have a condition that allows offenders that meet certain criteria to drive if their cars have been outfitted with ignition locks. These work by locking the ignition until the driver submits to an onboard breathalyzer test. If the test comes back negative, the car is allowed to start.
The laws and penalties in your state may vary. It is always wise to be aware of your local and state DWI laws and how you could be affected by them. These laws can be found on the internet for most states and by visiting your local police station.
Every state, with the exception of Massachusetts, has laws on the books that make it a crime to drive while intoxicated. This usually is defined as having a blood/alcohol level that is either above or at a predetermined level, normally 0.10. However, some states have the legal limit set lower, most of these are at 0.08 percent.
It is so important to realize how devastating the effect of driving while intoxicated can be. This crime is easily preventable by calling a taxi, a friend or by just staying home if you are going to be intoxicated. For those who don't make these types of arrangements, the DWI laws are getting tougher and law enforcement is intent on doing their job to get them off the road.
About The Author
Peter Wallander
Visit http://duilawscenter.com or http://www.dui-in-illinois.info to learn more about DUI penalties and DUI in Illinois.
by: Peter Wallander
For many people, the act of driving while intoxicated (DWI) is one of the worst crimes that someone can commit. In reaction to that, the DWI laws are becoming tougher by the day. While there is no one set of laws that cover every state, they are somewhat similar in nature and in penalty.
Most states follow the same penalty structure, beginning with the suspension of the drivers' license. This can be done immediately if the suspected driver refuses to submit to a chemical drug or alcohol test at the time of the alleged violation. The penalty phase then moves to jail time and confiscation of the vehicle.
Some states are working on passing laws that will make a driver under the influence responsible for any type of traffic accident whether or not they were actually at fault. This would mean that if you are intoxicated and are hit by another, un-intoxicated, driver who runs a stop sign or crosses into your lane, that you would legally be at fault.
Several states, forty-two to be exact, have a condition that allows offenders that meet certain criteria to drive if their cars have been outfitted with ignition locks. These work by locking the ignition until the driver submits to an onboard breathalyzer test. If the test comes back negative, the car is allowed to start.
The laws and penalties in your state may vary. It is always wise to be aware of your local and state DWI laws and how you could be affected by them. These laws can be found on the internet for most states and by visiting your local police station.
Every state, with the exception of Massachusetts, has laws on the books that make it a crime to drive while intoxicated. This usually is defined as having a blood/alcohol level that is either above or at a predetermined level, normally 0.10. However, some states have the legal limit set lower, most of these are at 0.08 percent.
It is so important to realize how devastating the effect of driving while intoxicated can be. This crime is easily preventable by calling a taxi, a friend or by just staying home if you are going to be intoxicated. For those who don't make these types of arrangements, the DWI laws are getting tougher and law enforcement is intent on doing their job to get them off the road.
About The Author
Peter Wallander
Visit http://duilawscenter.com or http://www.dui-in-illinois.info to learn more about DUI penalties and DUI in Illinois.
City of Austin
I.Introduction 
Austin, capital city of Texas, located in the central part of the state. The seat of Travis County, Austin lies on the Colorado River where the river emerges from the Texas hill country and the Balcones Escarpment. Austin is the northern hub of a major economic and population region that extends southward to include the San Antonio metropolitan area. Austin houses major state and federal government offices and serves as a manufacturing, commercial, recreational, educational, and convention center.
State Capitol at Austin
Capital of the Republic of Texas from 1839 until 1842, Austin became the capital of the new state of Texas in 1845. In 1888 architects and builders completed the State Capitol Building. A statue of the Goddess of Liberty holding the five-pointed star, the symbol of Texas, sits atop the dome of the Capitol.
Texas Department of Highways
II. Population
Austin’s population increased significantly in recent decades, largely because of the city’s economic diversification, especially into high-technology fields. In 1980 the city had a population of 345,496; by the 2000 census, it had grown to 656,562. According to the 2000 census, whites constituted 65.4 percent of Austin’s population; blacks, 10 percent; Asians, 4.7 percent; Native Americans, 0.6 percent; and Native Hawaiians and other Pacific Islanders, 0.1 percent. People of mixed racial heritage or not reporting a race were 19.2 percent of inhabitants. Hispanics, who may be of any race, made up 30.5 percent of the population. In 2003, Austin's population was estimated at 672,011.
The Austin metropolitan area includes Travis, Williamson, Hays, Caldwell, and Bastrop counties and covers a land area of 10,945 sq km (4,226 sq mi); notable cities included besides Austin are San Marcos and Round Rock. The metropolitan area population grew from 585,000 in 1980 to 1,378,000 in 2003.
III. Population
For much of Austin’s history, the city’s economy was dominated by the state and federal government and the University of Texas. Beginning in the 1980s, the arrival of several computer technology corporations and research organizations helped diversify the economy. Since 1990 additional high-tech companies have moved to the city. Austin’s other manufactured goods include food products, printed materials, furniture, and office supplies. In the early 1970s many country-and-western musicians moved to Austin. The city has since assumed the nickname “The Live Music Capital of the World,” and each March it hosts the South by Southwest music festival, which serves as a venue for new bands of various musical styles.
The city is served by several railroads, an interstate highway, and the Robert Mueller Municipal Airport. A new facility, the Austin-Bergstrom International Airport, opened in the spring of 1999. As a state capital close to Mexico, Austin benefited from increased international trade resulting from the North American Free Trade Agreement (NAFTA), which eliminates most tariffs and trade barriers among the United States, Mexico, and Canada.
IV. Points of interest
Among Austin’s points of interest are the State Capitol Building, constructed of Texas pink granite between 1882 and 1888, and the Governor’s Mansion (1856). Several buildings reflect Austin’s early architecture, including the French Legation (1841), the residence of the French ambassador to the Republic of Texas, which existed from 1836 until 1845; and the Driskill Hotel. Austin is home to the largest colony of urban bats in North America. Between April and September more than 1 million Mexican free-tailed bats congregate under the Congress Avenue Bridge in the city. Natural landmarks in the region include Barton Springs, a spring-fed swimming hole that maintains a constant temperature of 20° C (68° F); Mount Bonnell; and Lake Austin. The city also has an extensive park system covering a total of about 8,500 hectares (about 21,000 acres).
Austin is home to the University of Texas at Austin (1883), the largest branch of the University of Texas. Other educational institutions include Huston-Tillotson College (1875), Austin Presbyterian Theological Seminary (1902), St. Edward’s University (1885), and Concordia University at Austin (1926). Austin’s cultural institutions include the Elisabet Ney Museum, once the home and workshop of the noted German-American sculptor; the home of O. Henry, which is now a museum housing many of the author’s possessions; the Texas Memorial Museum; the Laguna Gloria Art Museum; the Paramount Theatre for Performing Arts; and the Lyndon Baines Johnson Library and Museum, housing papers and memorabilia of the 36th president of the United States (see Johnson, Lyndon Baines).
Lyndon B. Johnson Library
The Lyndon Baines Johnson Library and Museum is on the campus of the University of Texas in Austin. It contains documents and other memorabilia related to the former United States president’s life and political career.
Bruce Coleman, Inc./John Elk III
The Gift of the Magi
“The Gift of the Magi,” one of the best-known American short stories, was hurriedly composed in a few hours after its deadline had already passed. Celebrated American short-story writer William Sydney Porter, known by his pseudonym, O. Henry, wrote the story for New York Sunday World magazine in 1905. It was published in 1906 in a collection of his short stories, The Four Million. The story contains Porter’s characteristic ironic plot twists and surprise ending, and is set in New York City, Porter’s home from 1901 until his death in 1910. The city was a common backdrop for his stories. Today Porter is memorialized in the O. Henry Awards for short stories. These stories have been published annually in anthologies since 1918.
“The Gift of the Magi”
By O. Henry
One dollar and eighty-seven cents. That was all. And sixty cents of it was in pennies. Pennies saved one and two at a time by bulldozing the grocer and the vegetable man and the butcher until one's cheeks burned with the silent imputation of parsimony that such close dealing implied. Three times Della counted it. One dollar and eighty-seven cents. And the next day would be Christmas.
There was clearly nothing to do but flop down on the shabby little couch and howl. So Della did it. Which instigates the moral reflection that life is made up of sobs, sniffles, and smiles, with sniffles predominating.
While the mistress of the home is gradually subsiding from the first stage to the second, take a look at the home. A furnished flat at $8 per week. It did not exactly beggar description, but it certainly had that word on the lookout for the mendicancy squad.
In the vestibule below was a letter-box into which no letter would go, and an electric button from which no mortal finger could coax a ring. Also appertaining thereunto was a card bearing the name "Mr. James Dillingham Young."
The "Dillingham" had been flung to the breeze during a former period of prosperity when its possessor was being paid $30 per week. Now, when the income was shrunk to $20, the letters of "Dillingham" looked blurred, as though they were thinking seriously of contracting to a modest and unassuming D. But whenever Mr. James Dillingham Young came home and reached his flat above he was called "Jim" and greatly hugged by Mrs. James Dillingham Young, already introduced to you as Della. Which is all very good.
Della finished her cry and attended to her cheeks with the powder rag. She stood by the window and looked out dully at a gray cat walking a gray fence in a gray backyard. Tomorrow would be Christmas Day and she had only $1.87 with which to buy Jim a present. She had been saving every penny she could for months, with this result. Twenty dollars a week doesn't go far. Expenses had been greater than she had calculated. They always are. Only $1.87 to buy a present for Jim. Her Jim. Many a happy hour she had spent planning for something nice for him. Something fine and rare and sterling—something just a little bit near to being worthy of the honor of being owned by Jim.
There was a pier-glass between the windows of the room. Perhaps you have seen a pier-glass in an $8 flat. A very thin and very agile person may, by observing his reflection in a rapid sequence of longitudinal strips, obtain a fairly accurate conception of his looks. Della, being slender, had mastered the art.
Suddenly she whirled from the window and stood before the glass. Her eyes were shining brilliantly, but her face had lost its color within twenty seconds. Rapidly she pulled down her hair and let it fall to its full length.
Now, there were two possessions of the James Dillingham Youngs in which they both took a mighty pride. One was Jim's gold watch that had been his father's and his grandfather's. The other was Della's hair. Had the Queen of Sheba lived in the flat across the airshaft, Della would have let her hair hang out the window some day to dry just to depreciate Her Majesty's jewels and gifts. Had King Solomon been the janitor, with all his treasures piled up in the basement, Jim would have pulled out his watch every time he passed, just to see him pluck at his beard from envy.
So now Della's beautiful hair fell about her rippling and shining like a cascade of brown waters. It reached below her knee and made itself almost a garment for her. And then she did it up again nervously and quickly. Once she faltered for a minute and stood still while a tear or two splashed on the worn red carpet.
On went her old brown jacket; on went her old brown hat. With a whirl of skirts and with the brilliant sparkle still in her eyes, she fluttered out the door and down the stairs to the street.
Where she stopped the sign read: "Mme. Sofronie. Hair Goods of All Kinds." One flight up Della ran, and collected herself, panting. Madame, large, too white, chilly, hardly looked the "Sofronie."
"Will you buy my hair?" asked Della.
"I buy hair," said Madame. "Take yer hat off and let's have a sight at the looks of it."
Down rippled the brown cascade.
"Twenty dollars," said Madame, lifting the mass with a practised hand.
"Give it to me quick," said Della.
Oh, and the next two hours tripped by on rosy wings. Forget the hashed metaphor. She was ransacking the stores for Jim's present.
She found it at last. It surely had been made for Jim and no one else. There was no other like it in any of the stores, and she had turned all of them inside out. It was a platinum fob chain simple and chaste in design, properly proclaiming its value by substance alone and not by meretricious ornamentation—as all good things should do. It was even worthy of The Watch. As soon as she saw it she knew that it must be Jim's. It was like him. Quietness and value—the description applied to both. Twenty-one dollars they took from her for it, and she hurried home with the 87 cents. With that chain on his watch Jim might be properly anxious about the time in any company. Grand as the watch was, he sometimes looked at it on the sly on account of the old leather strap that he used in place of a chain.
When Della reached home her intoxication gave way a little to prudence and reason. She got out her curling irons and lighted the gas and went to work repairing the ravages made by generosity added to love. Which is always a tremendous task, dear friends—a mammoth task.
Within forty minutes her head was covered with tiny, close-lying curls that made her look wonderfully like a truant schoolboy. She looked at her reflection in the mirror long, carefully, and critically.
"If Jim doesn't kill me," she said to herself, "before he takes a second look at me, he'll say I look like a Coney Island chorus girl. But what could I do—oh! what could I do with a dollar and eighty-seven cents?"
At 7 o'clock the coffee was made and the frying-pan was on the back of the stove hot and ready to cook the chops.
Jim was never late. Della doubled the fob chain in her hand and sat on the corner of the table near the door that he always entered. Then she heard his step on the stair away down on the first flight, and she turned white for just a moment. She had a habit of saying little silent prayers about the simplest everyday things, and now she whispered: "Please God, make him think I am still pretty."
The door opened and Jim stepped in and closed it. He looked thin and very serious. Poor fellow, he was only twenty-two—and to be burdened with a family! He needed a new overcoat and he was without gloves.
Jim stepped inside the door, as immovable as a setter at the scent of quail. His eyes were fixed upon Della, and there was an expression in them that she could not read, and it terrified her. It was not anger, nor surprise, nor disapproval, nor horror, nor any of the sentiments that she had been prepared for. He simply stared at her fixedly with that peculiar expression on his face.
Della wriggled off the table and went for him.
"Jim, darling," she cried, "don't look at me that way. I had my hair cut off and sold it because I couldn't have lived through Christmas without giving you a present. It'll grow out again—you won't mind, will you? I just had to do it. My hair grows awfully fast. Say 'Merry Christmas!' Jim, and let's be happy. You don't know what a nice—what a beautiful, nice gift I've got for you."
"You've cut off your hair?" asked Jim, laboriously, as if he had not arrived at that patent fact yet even after the hardest mental labor.
"Cut it off and sold it," said Della. "Don't you like me just as well, anyhow? I'm me without my hair, ain't I?"
Jim looked about the room curiously.
"You say your hair is gone?" he said, with an air almost of idiocy.
"You needn't look for it," said Della. "It's sold, I tell you—sold and gone, too. It's Christmas Eve, boy. Be good to me, for it went for you. Maybe the hairs on my head were numbered," she went on with a sudden serious sweetness, "but nobody could ever count my love for you. Shall I put the chops on, Jim?"
Out of his trance Jim seemed quickly to wake. He enfolded his Della. For ten seconds let us regard with discreet scrutiny some inconsequential object in the other direction. Eight dollars a week or a million a year—what is the difference? A mathematician or a wit would give you the wrong answer. The magi brought valuable gifts, but that was not among them. This dark assertion will be illuminated later on.
Jim drew a package from his overcoat pocket and threw it upon the table.
"Don't make any mistake, Dell," he said, "about me. I don't think there's anything in the way of a haircut or a shave or a shampoo that could make me like my girl any less. But if you'll unwrap that package you may see why you had me going a while at first."
White fingers and nimble tore at the string and paper. And then an ecstatic scream of joy; and then, alas! a quick feminine change to hysterical tears and wails, necessitating the immediate employment of all the comforting powers of the lord of the flat.
For there lay The Combs—the set of combs, side and back, that Della had worshipped for long in a Broadway window. Beautiful combs, pure tortoise shell, with jewelled rims—just the shade to wear in the beautiful vanished hair. They were expensive combs, she knew, and her heart had simply craved and yearned over them without the least hope of possession. And now, they were hers, but the tresses that should have adorned the coveted adornments were gone.
But she hugged them to her bosom, and at length she was able to look up with dim eyes and a smile and say: "My hair grows so fast, Jim!"
And then Della leaped up like a little singed cat and cried, "Oh, oh!"
Jim had not yet seen his beautiful present. She held it out to him eagerly upon her open palm. The dull precious metal seemed to flash with a reflection of her bright and ardent spirit.
"Isn't it a dandy, Jim? I hunted all over town to find it. You'll have to look at the time a hundred times a day now. Give me your watch. I want to see how it looks on it."
Instead of obeying, Jim tumbled down on the couch and put his hands under the back of his head and smiled.
"Dell," said he, "let's put our Christmas presents away and keep 'em a while. They're too nice to use just at present. I sold the watch to get the money to buy your combs. And now suppose you put the chops on."
The magi, as you know, were wise men—wonderfully wise men—who brought gifts to the Babe in the manger. They invented the art of giving Christmas presents. Being wise, their gifts were no doubt wise ones, possibly bearing the privilege of exchange in case of duplication. And here I have lamely related to you the uneventful chronicle of two foolish children in a flat who most unwisely sacrificed for each other the greatest treasures of their house. But in a last word to the wise of these days let it be said that of all who give gifts these two were the wisest. Of all who give and receive gifts, such as they are wisest. Everywhere they are wisest. They are the magi.
Source: Henry, O. The Best Short Stories of O. Henry. New York: Random House, 1945.
V. History
In 1730 Franciscan missionaries established three temporary missions in the area, at sites which for centuries had been occupied periodically by groups of Native Americans. The site of the present city was settled in 1838 on the north bank of the Colorado River by five families, who named the community Waterloo. In 1839 Waterloo was chosen as the site of the permanent capital of the Republic of Texas. A one-story frame building was erected to house government offices, town lots were sold, and a newspaper began publication. In December 1839 the city was incorporated and its name was changed to Austin in honor of Stephen F. Austin, who is considered the father of Texas.
In spite of protests from the citizens of Austin, the capital was moved to Houston in 1842 because of a threatened Mexican invasion. After being located in Houston and in Washington-on-the-Brazos, the capital was returned to Austin in 1845, the year Texas became a state. Austin became the permanent capital in a state election in 1850. Despite the fact that its county voted against secession, Austin was the site of several Confederate army facilities during the American Civil War (1861-1865), and volunteers from the city organized a company of light infantry.
The Houston and Texas Central Railroad reached Austin in 1871, and other railroads soon followed. The construction of a dam and power plant on the Colorado River prompted a period of industrialization between 1880 and 1900. The dam was destroyed in a flood in 1900 and was rebuilt in 1912. After major flooding in the 1930s, the Colorado River Authority constructed a series of dams and reservoirs on the river. This chain of reservoirs, known locally as the Highland Lakes, stretches for 153 km (95 mi) inland from Austin and is a major recreation and tourist attraction for central Texas.
During World War II (1939-1945) population growth was enhanced by the establishment of several military bases in and near the city. During the decades since the war Austin has experienced unprecedented growth as the result of its economic diversification, its climate, its numerous recreational and cultural opportunities, its significance as an international city, and its allure as a haven for retired people.
Microsoft ® Encarta ® 2006. © 1993-2005 Microsoft Corporation. All rights reserved.
Austin’s Founder, Stephen F. Austin (1793-1836)
Stephen F. Austin (1793-1836), early American leader of Texas. Born in Wythe County, Virginia, Austin grew up in the Missouri Territory and was a member (1814-19) of the territorial legislature. In 1822 he founded a settlement of migrant Americans on a tract of land purchased by his father between the Brazos and Colorado rivers in Texas (then part of Mexico). In 1833 a convention of Texas colonists delegated Austin to persuade Mexican authorities to grant them self-government. Unable to obtain prompt action from the Mexicans, he wrote to the Texans from Mexico City, advising them to set up their own government without waiting for official approval. For this act he was imprisoned by the Mexicans until 1835, when he returned to Texas and assumed command of the settlers' army. In the same year, he headed a Texas delegation to the U.S. government in Washington, D.C., where he succeeded in obtaining financial and military support for the republic of Texas. In 1836 he ran for the presidency of Texas but was defeated by Sam Houston. He thereafter served as secretary of state in Houston's cabinet until his death.
Stephen F. Austin
Stephen Austin was a leader in the fight for Texan independence. Austin founded an English-speaking settlement in Spanish territory between the Brazos and Colorado rivers on land purchased by his father. Mexico, opposing the colonization, imprisoned Austin. After his release, he returned to Texas and worked for the annexation of Texas by the United States.
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