Gainesville Legal Issues Blog

Texas DUI: Things to know about interlock devices

On behalf of The Albarado Law Firm, P.C. on Friday, January 17, 2020.

As a licensed driver in Texas, you're obligated to adhere to the traffic laws of this state and any other state through which you might travel while driving. Regarding DUI, each state has its own regulations and guidelines in governance of the issue. If you are convicted of driving under the influence of alcohol here in Texas, you might incur a driver's license suspension but have an opportunity to opt for installing an interlock ignition device in your vehicle instead.

Texas law states that operating a motor vehicle with a blood alcohol content level of .08 or higher is a crime. The problem is that breath tests can be unreliable. In fact, if you used mouthwash, took cough syrup or have diabetes, a breath test device might register positive for the presence of alcohol on your breath, even if you did not consume an alcoholic beverage. The interlock ignition device is essentially a mobile breath test device. It's important to know your rights regarding such matters.

Getting financial support after your divorce is important

On behalf of The Albarado Law Firm, P.C. on Friday, December 20, 2019.

When you file divorce papers, it is not an exaggeration to say that your life is about to change in many ways. From your financial standing to how much time you can spend with your kids, the end of your marriage represents significant changes for you. One of the most significant ways you will experience an impact is in your finances.

Money is one of the most common reasons for divorce, and it is often one of the most hotly contested topics during the actual process. You understand the importance of getting everything to which you have a rightful claim so that you can have stability and security going forward. One way you can do this is by proving you have a legitimate need for and rightful claim to spousal support.

Get a DWI in Texas? Know what to expect from the process

On behalf of The Albarado Law Firm, P.C. on Thursday, November 21, 2019.

If you are facing DWI charges in Texas, you know there are various things at stake, including your right to drive and your personal freedom. You understand that you can and should fight back against the charges you are facing, but you may feel overwhelmed by the entire process. Most people do not know what to expect after an arrest for drunk driving.

You can start working on your defense strategy as soon as possible after an arrest. This means that you can take immediate action to start developing a strategy that will allow you to confront the prosecution's case and protect your future interests. Your future is always worth fighting for, whether this is your first drunk driving arrest or you have previous infractions on your criminal record.

8 signs your marriage might be over

On behalf of The Albarado Law Firm, P.C. on Wednesday, October 23, 2019.

An unhappy marriage can affect every other relationship you have. If you and your spouse have been unhappy for a while, you may be trying to figure it out through counseling. Perhaps you are seeing a counselor on your own to make sense of your discontentment.

What are you looking for? Do you want a better relationship than the one you have? Is it possible that your spouse can provide that if you keep working at it? Or do you simply want out of the marriage? These are difficult questions. However, some marriage counselors see common threads in marriages that are already past the point of saving.

Know your rights if asked to take a field sobriety test

On behalf of The Albarado Law Firm, P.C. on Thursday, September 19, 2019.

Nothing can put a damper on your travel time quite like a Texas police officer pulling you over in a traffic stop. If you were already having a bad day, an unexpected traffic stop might just be the final straw that causes your stress monitor to short circuit. While such situations are indeed stressful, you're likelier to obtain a positive outcome if you remain calm and if you know your rights ahead of time.

Some traffic stops start out one way then diverge into much more serious situations. For instance, if the police officer sees a beer can in your car or thinks he or she smells alcohol on your breath, he or she may request you to step out of your vehicle. That's a sure sign the officer suspects you of a crime, most likely drunk driving.

Are you at risk of a suspended or revoked license?

On behalf of The Albarado Law Firm, P.C. on Friday, August 23, 2019.

When a police officer pulled you over, you may have expected that the worst-case scenario would be that you got a ticket for speeding or for having a taillight out. Unfortunately, your mind did not picture the actual worst-case scenario you could face because you ended up accused of driving under the influence.

While you may have had a few drinks earlier in the evening, you likely did not feel as if it had negatively affected your driving ability. Still, if an officer believes otherwise, you could wind up in a serious legal situation. You may even be at risk of having your driver's license suspended or revoked.

Divorce, retirement and preserving your financial future

On behalf of The Albarado Law Firm, P.C. on Tuesday, July 23, 2019.

Divorce is a difficult process, and it can be especially difficult for people who are closer to retirement age. Gray divorce is a term used to describe a divorce involving two people who are over the age of 50. Over the last few decades, the number of gray divorces has been increasing, which means more people are looking at bleak financial futures after their divorces are final.

Divorce often leads to financial struggles for both parties, even if they are wealthy. Dividing marital property, paying spousal or child support, selling the family home, or finding a new place to live are all costly. Studies suggest that people who divorce can expect to see their overall wealth decrease by approximately 50%. With this in mind, you understand how important it is to fight for a fair property division order.

Don't count on that roadside breath test to be right

On behalf of The Albarado Law Firm, P.C. on Thursday, June 27, 2019.

When police pull you over and suspect you of drunk driving, they may ask that you participate in field sobriety tests and a roadside breath test. They present these options with such authority that you may participate, and when the breath-testing machine indicates that your blood alcohol concentration meets or exceeds the legal limit of 0.08 here in Texas, the officer places you under arrest.

You may feel as though, since the breath test indicated illegal impairment, that the officer has you "dead to rights." Don't make that mistake. Roadside breath testing machines are notoriously inaccurate -- so much so that the results are often not admissible in court.

How can you draft a parenting plan that will work long-term?

On behalf of The Albarado Law Firm, P.C. on Sunday, May 26, 2019.

One of the most important things that parents want to do after divorce is protect the interests of their children. As a parent, you understand how critical it is to provide as much continuity of lifestyle as possible and reduce the emotional strain they experience during and after divorce. The end of a marriage is difficult, but there are steps you can take to make things easier for the youngest members of your family.

In your effort to provide your kids with a stable and secure environment, one of the things you can do is craft a thoughtful and sustainable parenting plan. This will allow your child to have peace of mind and regular access to both parents. These are two things that are greatly beneficial for kids after their parents divorce.

How do felony convictions affect non-citizens?

On behalf of The Albarado Law Firm, P.C. on Wednesday, April 24, 2019.

Coming to Texas from another country may have been a goal of yours since you were a child. You may have believed that coming to the United States would allow you to build a better life, and for a time, you may have found that life. Now, you face a difficult situation because authorities have charged you with a crime.

Along with worrying about your criminal case, you likely also have concerns about how the charges and a possible conviction will affect your immigration status. If the crime of which authorities have accused you falls into the category of a felony, you face a serious predicament.