Afraid of being booked under a DWI? It is a serious offence indeed. If you are driving and are under the influence of alcohol or recreational drugs, you may be booked for DWI. Even if you are not under the influence of drugs or alcohol, but are taking prescription meds that impair your senses or orientation to some extent, you may be booked for DWI. It is serious offense since it implies that you are endangering your and others life at risk. There is a similar kind of offence with very similar connotations; driving under the influence (DUI) of something. Though they mean basically the same thing different states may interpret the two differently. But taken together they make for enough reasons to not drive intoxicated. So if you intoxicated, inebriated or under the influence of prescribe meds that impair sensory organs, it makes sense to rely on a cab. If you are not doing that and going for a drive back home after a bout of booze, you are in for some big time trouble.
So what are the implications of drinking and driving! Well, it is not a big deal if you reach home safely and without hurting anybody, considering that you were the driver. The harassment ensues if you are caught. It is not very difficult to understand that drugs and alcohol can impair many sensory abilities for some time. So, if you are driving under the influence of these substances you are not only putting your life at risk but also that of others. Driving under the influence of alcohol, drugs and medicines that impair your senses is illegal in every state, though interpretation of the gravity of the crime may differ from one state to the other. Nevertheless, irrespective of the boundaries of states, you are almost certain to get arrested by the police. If the police pulls you up and finds yourself to be positive for DWI, you are almost certain to be arrested. As you are arrested, a nightmarish episode unfolds before you which may take years to sort out.
The best way to avoid a DWL is to avoid driving. Nevertheless, now that you are caught and arrested, you need to fight it out. Even if you were not driving and had been a victim of some else’s DWI, you need compensation for your personal injury. You need a Houston DWI Attorney who specializes in personal injury to fight for the compensation due to you. Insurance companies don’t just dole out compensation to victims. You need to fight with them in the legal landscape and seize your dues. This demands a attorney who specializes in personal injury. However, if you were the driver you need to find a attorney with a different specialization. The objective is to find an attorney who specializes in a niche. He or she may need to help the victim of DWI so that he gets the due compensation for injuries. The attorney may also be called in to help the driver himself who is caught under a DWI.
Before analyzing the topic I would like to elaborate what is actually public intoxication? Public intoxication is actually drinking alcohol and any other form of intoxication in public. It is as also known as drunk and disorderly and to drink in publicly. It means to create a disorder when you are drunk in public place. And you are making other irritated by your odd behavior. In the most of the countries, it is considered as a crime because by doing it you can spoil the environment and law and order.
One who is drunk or under the influence of the drug is called criminal. Civilized countries take a very serious step in this matter to control law, order, and to maintain order, and civility in their countries. One who in under the influence of drug don’t know what he is doing he can surely hurt someone or can mock someone which can be hurtful to others. There are certain forces that know how to handle these people such as Butler Law Firm they handle family defense cases.
Basic elements of the criminal charge:
One cannot be charged for public intoxication unless he has a number of elements all of which must be met, including:
- One must appear or seem to be influenced by drug
- Drunk or intoxicated
- And he must be in public
One cannot be charged until he has these elements. As you are looking odd and cannot walk properly so you can easily appear to be intoxicated. And another element is you should be drunk and intoxicated. That you have used a kind of drug which is totally captivating your mind. And you must be public even if you are drunk and you are in your own house or private place cannot be charged for public intoxication. For intoxication charge, you must in public. A drinker can do harm to himself or other too that’s why not drinking and driving is also being made a strict law.
How to recognize a person for intoxication charge?
Question is how to come to know that this person is drunk and he should be charged with public intoxication. There are certain points which can clarify this idea. These are the point:
- You seem so out of control that you are not able to control or to take care of yourself or that you present a threat to the safety of others
- And you are walking outside and while passing by a restaurant and bar appearing tipsy, and behaving in a lewd manner there is a good chance that you can be stopped by local policeman
- You cannot understand the things even your walk is not proper and you look other with keen aye
- Your spin of moods can also help a policeman to charge you for public intoxication
- Your behavior and demeanor is a key to understand your state
There are certain points which can help to identify a person who is influenced by the drug.
How can you defend yourself?
Finding the right attorney is a first step which you need to take to defend yourself if you have a good lawyer he can defend you efficiently. Your lawyer may be able to raise legal defenses. Here are some of the defenses for public intoxication:
- The first defense is that you are drunk and are not doing acting drunk at that time. Behavior was so loud due to the excitement of the promotion, or due to the selection of favorite team
- And public intoxication is not a crime where you are cited
- You are cited for public intoxication while in a private public. You cannot be charged with public intoxication for drinking bitterly in private place.
It must be said that laws and regulations are meant to help different sections of society co-habit with each other. This is necessary as often when a person gets to exercise his freedom, the rights or freedom of another is trampled upon. Then there are issues of compliance of laws that is in place to ensure an orderly functioning society at large. It must be said of the Butler Law firm that the years of experience had in serving the various needs of those needing advice and assistance has only made sure the right focus in had each time.
The defining points of the Butler Law firm
Right solution: It must be said of the law that it is the right approach to a situation that is bound to bring about the best results and this takes just the right focus each time. There are often specializations that make the entire system work efficiently and a factor that needs emphasizing each time a situation unfolds. This involves the right sort of people as well as the correct mixture of experience in the field.
Time frames: An important part of any legal network or system is the time frames and the need to stick to certain time to work. Had it not been for this stress on observing the right time and each time, the different cases through the system could take an inordinate time to get it with and as the adage goes, justice delayed is justice denied.
Right context: When a sentence is handed out to an offender, it must be in the right context. Thus someone who is educated enough to understand what he is getting into would not get the same treatment as one that is unlettered and thus not that wise enough to fully comprehend the ramifications of his immediate actions. Any transgression must be handled by the proper person and finding the right attorney would be the first step.
Deterrent factor: Most punishments must be an example to the rest of the society to prevent more people from being tempted in following the part taken earlier. This is the important role of the deterrent value works in society and it must not be belittled in any way. With most legal systems, there is a push as well as a pull factor, much like the carrot and stick policy that most legal systems work under.
The role of public intoxication
Using alcohol is not per se an offence. But driving under intoxication is a very serious affair considering that the well being of fellow members of society are at stake. Since the duty of any legal system is to ensure the safety and well being of all members of a society, the offence is serious enough to attract the strictest of penal action. The best of practices is to not to be drinking and driving.
Different communities have differing views as to how far a person can go without endangering other people and it is the general feeling that decides how much leeway must be permitted in each case of alcohol influence.