What Happens If You Are Under 21 And Charged With A DWI?

Obtaining a DWI under the age of 21 can lead to more severe consequences since you are under the United States legal drinking age. Driving under the influence of alcohol is illegal for all ages, but can lead to worst repercussions for those under 21. If you have been arrested for a DWI, make sure you call your DWI lawyer in San Antonio, TX to receive help with your case. 

 

Penalties

Receiving a DWI at any age is a criminal offense. Those who are under the legal drinking age can be sentenced to the same penalties as any other offender. Some may even face worse repercussions depending on the charges delivered and the BAC recorded for the driver. In most states, a BAC above .08 is subject to criminal penalties.

 

Zero Tolerance

Some states have a zero-tolerance policy enacted for any drivers under the age of 21 that are under the influence of alcohol. Underage drinkers who decided to drive with a BAC above a .02 can face more severe penalties in these states. If you get behind the wheel after consuming alcohol it could lead to criminal repercussions.

 

Future Impact

DWI charges are added to the criminal record of the perpetrator if they are found guilty. It is also likely that once an individual receives one DWI that they could obtain multiple in the future. Recurring DWI charges can increase charges from a misdemeanor to a felony and result in jail time. 

 

If an underage individual has been charged with a DWI, they will need legal support. Make sure you contact the Law Offices of Jesse Hernandez for assistance at (210) 807-8656 or visit our webpage today.

The Process Of A Criminal Trial

Criminal trials take on a structured format that normally includes six phases. If you are facing criminal charges you should consider hiring a criminal lawyer in San Antonio, TX to help fight for your case.

 

Phases of a Trial

 

The Jury is Chosen: Before a criminal trial can begin, a jury must be selected. For a criminal trial, potential jurors are questioned by the judge to determine their possible stance on the trial and if they have any potential predispositions regarding the case. The defense and prosecution are also given the opportunity to exclude certain jurors before the final panel is selected.

Opening Statements: Both the prosecution and the defense team will deliver an opening statement to the courtroom. The prosecutor represents the government and therefore must prove the filed charged and propose that the defendant is guilty. The defense then shares their interpretation of the facts and their starting argument.

 

Testimony and Cross-Examination: During the testimony, witnesses will be called to the stand to undergo questioning. The team that has called the witness does a “direct” examination to gain information by asking questions. The other team will then conduct a cross-examination of the witness. The process will continue until all witnesses have been called to the stand.

 

Closing Arguments: This is both the defense’s and the prosecutor’s chance to sum up their arguments from the trial. The closing arguments are the final opportunity for both sides to convince the jury of their pleas.

 

Jury Instruction: The judge will inform the jury of legal standards that are relevant to the case at hand. The legal standards discussed are chosen by the judge in relation to the evidence presented during the trial.

 

Deliberation and Verdict: Once all is concluded, the jury will deliberate and come to an agreement on the defendant. The foreperson of the jury will inform the judge once a decision is reached and the judge will announce the final verdict to the courtroom.

 

For help with a criminal trial, contact Jesse Hernandez and his criminal lawyers in San Antonio, TX at (210) 807-8656 for a free consultation.

Recognizing the Signs of Domestic Violence

Domestic violence is a serious crime that should not be taken lightly. The Law Office of Jesse Hernandez has dealt with personal injury in San Antonio, TX, and cares about the well-being of their clients. It’s important to recognize what domestic violence is and understand that help is always available.

 

What is Domestic Violence?

Domestic violence, or abuse, is a pattern of violent or coercive behavior that a person uses to gain power and control over an intimate partner. There are multiple types of abuse like physical, emotional, sexual, and even economical.

 

The Types

  • Physical: This type of abuse involves any type of intentional and unwanted contact with your body. When pain is intentionally inflicted onto a victim who did not ask for it, it’s considered physical abuse.
  • Emotional: Emotional abuse is the most common form of control that can exist in a relationship even without physical violence. When someone is put-down, called something derogatory, or receives insults to their intelligence, it’s emotional abuse. Other examples can include isolation from family members and breaking someone’s self-esteem.
  • Sexual: Sexual abuse is unwanted sexual activity through force, where most of the victims of sexual abuse know who their abuser is.
  • Economic: When someone controls their intimate partner’s access to financial means, it means that the victim has limited resources if they were to leave the relationship. This person can withhold access to employment, education, and more, putting a hindrance on the victims well-being.

 

Contact the Law Office Of Jesse Hernandez

If you’re a domestic violence victim and are suffering from personal injury in San Antonio TX, please reach out to us today. At the Law Office Of Jesse Hernandez, our experienced and dedicated San Antonio criminal defense lawyer is well-versed in the obstacles the accused face when charged with domestic assault. That is why we pride ourselves on providing aggressive counsel that makes our clients’ rights and interests an absolute priority throughout every stage of their case.

Traffic Safety: The Benefits of Message Boards

As a car accident lawyer serving San Antonio, Jesse Hernandez has seen his fair share of accidents, many of which could have been avoided.In a time where electronics are favored and constantly used, highway message boards have become more and more prominent to keep people safe by displaying messages about traffic updates and upcoming accidents.

What Are Traffic Message Boards?

Traffic message boards are the large transportable signs with a digital display that you’ll spot on highways. They are normally meant to communicate important information like speed limits, upcoming landmarks and their distance from you, and if there’s traffic or an accident ahead. More recently, we are seeing messages that now alternate between traffic updates and a message about staying safe.

What Are The Benefits?

More common are the message boards that contribute to safer conditions on the road for drivers by providing real-time traffic updates and communication about the hazards up ahead. The signs tell you to slow down, look out for hazards (like a vehicle on the side of the road), and what the traffic will be like as you head to your destination. However, due to the durability and orange and black design, message boards are now adding sentences about road safety into the rotation and gaining the driver’s attention in order to keep their hands on the wheel.

For example, around the time of Thanksgiving, one sign read: “Feast Your Eyes on the Road / Drive Safely.” The goal is to get the attention of those in the vehicles on the highways and make sure they practice safer driving.

 

If you ever find yourself in need of a lawyer, the Law Office of Jesse Hernandez understands that legal emergencies can arise at any time. The car accident lawyer of San Antonia is available 24 hours a day and 7 days a week to help clients with multiple cases.

Truck Accidents: FAQs

Motor vehicle accidents, whether they are minor or major, are scary and stressful. Accidents involving trucks are even more threatening as they can result in serious injuries or deaths. If you ever find yourself in this situation, you should contact a truck accident attorney in San Antonio. Here are some questions you may have should you be involved in a truck accident.

 

Q: How is fault determined in a truck accident?

A: There are a few factors that go into determining fault: investigating the scene, eyewitness testimonies, and police reports. A truck accident attorney will also investigate the driver as well as the company that employs them. For example, truck driving training and how they were hired can all turn into contributing factors.

 

Q: Who is responsible for the truck accident: the driver or the trucking company?

A: Both the driver and the truck company can be held liable. This liability all depends on the results of the investigation. It’s possible that a trucking company will try to avoid liability. They could claim that the driver doesn’t work for them or that they don’t own the vehicle that was involved in the accident. This misleading information is when having a truck accident attorney proves beneficial.

 

Q: What should I look for in a truck accident attorney?

A: A clear understanding of the challenges you and your family face. An experienced team that can put their experience to good use when representing your case. Understanding the benefits offered when you hire quality legal services. These are just a few things to look for when hiring a truck accident attorney. Make sure you are comfortable and confident with your choice.

 

We have a truck accident attorney team in San Antonio devoted to making sure you receive the help you need. Our personal injury lawyers prove vital assistance when you or a loved one is involved in an accident and seriously injured. Call us today to get the help you deserve.

You’ve Received a DUI. Now What?

If you were driving under the influence of alcohol or other drugs, a cop can pull you over and arrest you for a DWI (or DUI). You will have to appear before a judge for your arraignment. If you ever find yourself in need of a personal injury law firm in San Antonio, we are here to help you and fight for you. It’s important to know the DWI steps if you ever find yourself caught up in the middle of one. These are the following steps that will most likely take place after you receive a DUI.

The Arraignment

The arraignment is your chance to plead to the charge. The options: guilty, no contest, not guilty. A lawyer may also be appointed for you. Your bail amount may be set. Most defendants who haven’t posted bail are charged with misdemeanors. Normally, at this stage, it is unnecessary to have an attorney present since you are only entering a plea. If you have a prior DWI, you should deny said convictions so that you or your attorney can challenge the validity at a later stage.

The Options

You should now begin to evaluate your case. Here are the following options for you:

  • – Plead guilty as charged
  • – Plea bargain down to a reduced charge (i.e. reckless driving)
  • – Ask for a trial before a judge
  • – Demand a jury trial (which is available in most states—not all)

Your option of fighting the charge or plea bargain strongly depends on the strength of the prosecution’s evidence. Did you have a high BAC or were you extremely intoxicated? If the answer is yes, the negotiating may not be in your favor. If you want to ask for a jury trial, you may have a better chance with a jury of your peers deciding your case rather than a judge.

The Plea Bargaining

Plea bargaining is when a criminal defendant and prosecutor reach a compromise. The defendant will enter a guilty or no contest plea. As a result, there will be a reduced charge, a fine, or a jail sentence. Plea bargains most likely happen when there is some weakness in the prosecution’s case. However, if the evidence of guilt is stronger, the plea bargain is probably not the route you want to take.

The Lawyer

Whether you decide on a plea bargain or taking your case to trial, you should have an attorney to represent you. The judge will appoint one to you if you cannot afford one. There are many attorneys out there who offer a free initial consultation to anyone thinking of hiring a DWI attorney.

 

You should never drink and drive. Should you find yourself in this position, contact a DWI attorney or a personal injury law firm of San Antonia, like the Law Offices of Jesse Hernandez , to support you in your case. Gain some peace of mind when you work with us. We approach every client with a focus on integrity, advocacy, and understanding.

What is a Breathalyzer Test?

A breathalyzer is a device that measures the content of alcohol in a person’s breath. They are often used in the event that you are pulled over for a DWI. If you are arrested for a DWI, then it is important you know the facts about breathalyzer tests and that you call Jesse Hernandez, a DWI attorney in San Antonio TX.

How do Police Use Breathalyzer Tests?

It is illegal to drive if you have a blood alcohol content of over .008 percent. Police use breathalyzer tests to determine if you have alcohol in your system without having to resort to invasive methods like blood tests. If you are pulled over for a DWI, the police may ask you to submit to a breathalyzer test. It is often advisable to refuse to take a portable breathalyzer test unless you are certain you are not intoxicated. Police have the discretion to arrest someone who contains any amount of alcohol, so if you take a breathalyzer test and pass, there is still a chance you could be arrested.

Problems with Breathalyzer Tests

There are several factors that can complicate the results of a breathalyzer test. If you have recently used an alcohol-based mouthwash, the machine can detect it. There are also varied results if you hold your breath, hyperventilate or run before taking the test. Other medical conditions or even the types of food you have eaten can all affect the tests. Due to the many errors that can occur during a breathalyzer test, it is common to have a false positive result. To be sure your breathalyzer test results are properly used in your case, you should contact a DWI attorney in San Antonio TX, like Jesse Hernandez.

You should never drink and drive, but if you have been arrested for a DWI, you should immediately contact a DWI attorney in San Antonio TX like the Law Offices of Jesse Hernandez to support you in your case. They will walk you through the charges associated with your DWI and support you through your case.

Increase of DWI Accidents During Summer Months

Summer is quickly approaching, whether going on vacation or simply enjoying more social events in the warm weather, there are more people out and about. Unfortunately, in addition to more people going out, statistics also show that DWIs increase during the summer months. While you should never drink and drive, if you are arrested for a DWI, you will need a great DWI lawyer in San Antonio like Jesse Hernandez.

DWIs in the Summer Months

There are several factors that explain why there are more DWIs during summer months. For one, the warm weather also causes an increase in social binge drinking. With restaurant patios open and an increase in summer concerts and events, many more people are drinking. Summer is also a more common time for vacations and breaks in the school year also contribute to the uptick in DWIs.

How to Prevent DWIs

DWIs are very preventable. First, do not drink and drive. If you know you will be drinking, arrange for another transportation method before you go out. With rideshare companies like Uber and Lyft being so common, there is no excuse to drive drunk. If you do plan to drive be sure that you do not drink. Opt for soda or sparkling water to be sure you have a safe night.

What to Do if I am Arrested for a DWI

While you should always make other transportation arrangements if you are planning on drinking, if you are pulled over for a DWI, you should immediately call a DWI lawyer in San Antonio like Jesse Hernandez. Driving while intoxicated is a criminal offense and without a DWI attorney to support you in your case, you can face serious consequences.

Contact the Law Offices of Jesse Hernandez to be your DWI lawyer in San Antonio. We will evaluate your case and support you through the DWI charges.

Auto Insurance and DWIs: What You Need to Know

In the event of a DWI accident in San Antonio you may be facing numerous legal problems, the last thing on your mind may be auto insurance. While it may not be the most pressing legal issue, you could face significant problems related to your insurance. The Law Offices of Jesse Hernandez can help you through your DWI legal case.

I Was Charged in a DWI Accident in San Antonio, How Will My Insurance Change?

If you are charged with a DWI accident, you should immediately contact a trusted DWI lawyer to help you with your case. Every case is different, so while there is no concrete process to determine what will happen with your insurance, it will change dramatically. It is possible that you may lose your car insurance completely. Other carriers may change your premium to much higher premiums, and it is likely you will be required to file for SR-22 or another high-risk insurance form.

What is SR-22

After a DWI accident in San Antonio, you may have the option to apply for SR-22, or high-risk auto insurance. While each insurance company is different, this form of high-risk insurance can cost you significantly more than your previous insurer.

When Will My Insurance Go Back To Normal?

Each case is different and while there is no set timeline for insurance returning to normal, many people will not be required to have the SR-22 insurance after three to five years. Typically a DWI will stay on your record for seven years and while you may not be required to have SR-22 insurance through that entire time, you will likely have a much more expensive insurance plan due to your DWI accident in San Antonio.


Contact the Law Offices of Jesse Hernandez with assistance in your DWI case in San Antonio we can support you through the legal process.

Facts About Field Sobriety Tests

In the event you are pulled over because an officer suspects you of DWI, there are several things you need to know. First, the police officer will likely request to administer a field sobriety test. If the officer determines you have failed, they may arrest you and take you to the police station to perform a breath test and where they will read you The Miranda warning. At this time it is recommended you contact your DWI attorney in San Antonio TX.

What is a Field Sobriety Test?

There are three main types of field sobriety tests, The ‘Follow-the-Finger’ test in which your eyes are to follow the movement of the officers finger to determine the shaking of the eyeball, the ‘Walk-and-Turn’ test where you are asked to walk in a straight line, placing one foot in front of the other and turning to return back to the original spot, and the ‘One-leg-Stand’ test where you are asked to stand on one leg until the officer tells you to stop.

It is important to know that you have the right to refuse the testing. This is often times in your best interest if you feel that you will not pass it, and will not result in automatic penalties. Failing a field sobriety test often can serve as evidence in your case. If you are pulled over on suspicion of DWI and fail the field sobriety tests, it is time to contact a DWI attorney in San Antonio TX.

What Do I Do if I Am Pulled Over On Suspicion of a DWI?

If you have been pulled over on suspicion of a DWI, it is important you have a trusted DWI attorney in San Antonio TX like the Law Offices of Jesse Hernandez to support you in your case. They can explain to you the results and consequences of a field sobriety test and support you through your case.