The Law Offices of Brazoria, Texas Drunk Driving Defense Attorney Ned Barnett

Brazoria, Texas DWI defense lawyer Ned Barnett has dedicated his career to being a strong, capable and effective criminal defense attorney like his father, grandfathers and great grandfather before him. Attorney Barnett is Board Certified in Criminal Law and is a founding member of the National College for DUI Defense.

With over 19 years of experience in criminal law, Brazoria, Texas drunk driving defense lawyer Ned Barnett is dedicated to fighting for the legal rights of clients located within Brazoria County and the surrounding cities of Alvin, Angleton, Arcola, Brazoria, Freeport, Lake Jackson, Manvel, Surfside Beach, Sweeny and West Columbia, Texas, related to the following areas:

• License Revocation
• Blood Alcohol Levels
• DWI Penalties
• Underage DWI/DUI
• Drivers Rights Card

Three years' experience as a state prosecutor in the Galveston County Criminal District Attorney's office, one year of which he spent either supervising or personally prosecuting every DWI case in the county, has given Brazoria, Texas drunk driving defense lawyer Ned Barnett a uniquely strong background to become a specialized, aggressive defender for clients charged with DWI. Attorney Ned Barnett also represents DWI offenders within the Counties of Harris, Galveston, Fort Bend and Montgomery, Texas.

Because drunk driving laws are complex, you not only need to hire a DWI attorney, but one who specifically specializes in drunk driving defense:

"I am of the belief that a person accused of a crime should hire the best attorney that he/she can find and afford. If an accused citizen walks into court with an incompetent attorney or one without the proper background and training, it can haunt them for the rest of their life. The better the defense attorney, the tougher it will be for the government to be successful in convicting you of the charges."

- Houston, Texas drunk driving defense lawyer Ned Barnett

Driving while Intoxicated

The Legal Limit. The legal limit for intoxication in Texas is a .08 blood alcohol concentration (BAC). However, drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Texas also has a zero tolerance law; meaning it is illegal for anyone under 21 to drive with any detectable amount of alcohol.

How much is too much? Impairment begins with the first drink. Gender, body weight, the number of drinks consumed and the amount of food in one's stomach affect the body's ability to handle alcohol. Women, younger people and smaller people, whether male or female, often have lower tolerances.

What happens if you're stopped? If a law enforcement officer asks you to take a blood or breath test to measure how much alcohol is in your system, you should know that if you refuse, you are subject to a 180-day driver's license suspension. Punishment for DWI varies depending on the number of times you have been convicted.

Texas DWI Laws

There are two separate ways a person may be found legally intoxicated and guilty of DWI in Texas. A DWI charge can occur if a person is operating a motor vehicle on a public street while:

• Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
• Having an alcohol concentration of .08 or more. The .08 alcohol concentration definition is only for cases where the person arrested has taken a breath, blood or urine test. If the person did not take one of the tests, the prosecution must prove the person did not have the normal use of his/her mental or physical faculties from drinking alcohol or doing drugs or both a combination of alcohol and drugs. The evidence the prosecution presents at trial is limited to the ingesting alcohol, unless there is some evidence or reason to believe the person could have lost the normal use of his/her faculties from some drug other than alcohol.

Many times a person will make a statement to the police when arrested saying that he/she took a prescription drug. Taking a prescription drug is NOT a defense to DWI. If the prescription is the type of drug that can cause a person to lose the normal use of their mental or physical faculties, they can be found guilty of DWI from the effects the prescription has on their faculties or from the combined effect of the prescription drug and alcohol. The prosecution will generally attempt to prove drug intoxication by having a chemist testify at trial about the effects the alleged drugs (or the combined effect of alcohol and drugs) had on the accused. It is then the jury's job to determine if they think the person lost the normal use of his/her faculties from taking the prescription drugs.

Take Action to Protect Your Rights:

If you or a loved one has been arrested or charged with a DWI or DUI within Brazoria County, Texas and the surrounding cities of Alvin, Angleton, Arcola, Brazoria, Freeport, Lake Jackson, Manvel, Surfside Beach, Sweeny and West Columbia and you need the help of an experienced drunk driving defense lawyer, call the Law Offices of Ned Barnett today at (713) 222-6767 to schedule a consultation with a dedicated Brazoria, Texas DWI defense trial attorney. Your initial consultation on criminal matters is free. (Se habla Espanol)

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