Explanations On DWI Law And Unlawful Possession of a Firearm Cases In Texas

When anyone is convicted of a felony offense in Texas, he or she has to surrender the right to possess a firearm, according to Texas Penal Code Section 46.04. A person is legally abstained from having a firearm in his or her possession until at least five years have passed after undergoing his or her sentence. In addition, the person can possess the firearm at his or her residence.

If a convicted felon is found to be in unlawful possession of a firearm, he or she could face criminal charges. The offense will be determined as a third-degree felony, which in fact is one more felony added to the person’s criminal history, up to 10 years in prison and up to $10,000 in fines. Anyway, it is a possibility to assert a facts-based defense named “necessity.”

Affirmative Defense Explained

An affirmative defense is a fact or set of facts that will possibly defeat or mitigate the legal repercussions of a person’s unlawful conduct. In this case, a necessity defense can signify the person knowing that the act was illegal, still committed it for a genuine reason, such as his or her safety.

To bring into play the ‘’necessity’’ defense in a Texas felon in possession of a firearm charge, the person facing criminal charges should argue they pragmatically believed keeping the firearm in his possession was essential to avoid looming danger or harm.

Texas DWI Law Explained

Any qualified Weatherford DWI attorney will explain that getting behind the wheel of a vehicle when downed with drugs or alcohol is a criminal breach of law in Texas. Law enforcement may employ a variety of chemical tests to conclude if an adult is over the legal limit. Nonetheless, the state has a zero-tolerance law for drivers below 21 years.

In Texas, it is totally illegal for a driver below 21 yrs to drive a vehicle while he or she is intoxicated by any amount of drugs, alcohol, or a combination of substances. Within the framework of the Texas Alcohol Beverage Code Ann. § 106.041, there is no legal limit for underage drivers. In other words, a small trace of alcohol will give rise to criminal charges.

Texas Zero Tolerance DWI Law

Like, if an adult has consumed one beer with low alcohol content and got behind the wheel two hours after, he or she possibly would not be over the legal limit, which is 0.08. There probably will still be a trace of the alcohol, but the presence alone will not warrant an arrest. However, if a juvenile is stopped and alcohol found in his or her system, it could give rise to an arrest.

This Texas zero-tolerance law got an amendment in 2009 to put in the addition of watercraft. In other words, if a juvenile is stopped driving a boat, jet ski, wet bike, or other watercraft with a small trace of alcohol in his or her system, it is classified as underage DWI.

The Summary

All in all, you got a basic explanation on Necessity Defense in Texas Felon in Possession Cases and DWI Law in case of underage persons.