If you are driving and a police officer signals for you to pull over on suspicion of a possible DWI, you need to remember two things. First, you do not have to answer any questions about where you were or what you were doing. Second, running away will only make things worse. Keep in mind, […]
The simple definition of DWI under the Texas Penal Code is “operating a motor vehicle in a public place” while intoxicated. The same goes for elevated offenses such as intoxication manslaughter. The state must prove the defendant was both “operating” a motor vehicle and intoxicated. In the typical DWI case, it is not difficult to […]
In most cases, there are not many legally valid excuses from DWI and drunk driving in Houston. But there are situations where a person accused of DWI may offer “necessity” as a defense. Under the Texas Penal Code, a person accused of any crime may raise a defense that their conduct was “immediately necessary to […]
You probably know that driving with a blood-alcohol content (BAC) of 0.08 percent or higher is classified as a DWI offense in Texas. Indeed, the 0.08 percent limit is the standard across the United States. And if you test above 0.08 percent following a DWI arrest, you face a number of criminal penalties, including possible […]
Julian Kuciemba v. The State of Texas, is an important DWI appellate case to take note of. In this case, Kuciemba was found behind the steering wheel, injured and intoxicated, at the scene of a one-car rollover accident with a blood-alcohol level of more than twice the legal limit. The First District Court of Appeals […]
If you don’t accept a plea deal for a DWI charge, then odds are good you’ll have a trial. What happens if you lose your case and the jury comes back with a guilty verdict? Believe it or not, a conviction in court doesn’t necessarily end a criminal case. Sometimes, the trial was so flawed […]
In drunk driving law, 0.08 is something of a magic number. It represents the blood-alcohol content at which a person is considered legally intoxicated and thus too drunk to drive. When a person is arrested on suspicion of DWI, it is common practice to take a blood or breath sample for BAC (Blood Alcohol Concentration) […]
The first time a person is convicted of a DWI in Texas, it is usually treated as a Class B misdemeanor. This means the maximum penalty the defendant faces is between 3 and 180 days in jail, a $2,000 fine, and a 1-year suspension of their driver’s license. A subsequent DWI conviction is treated as […]
Having an open container of alcohol in your car can be a problem if you are stopped by a police officer. The mere presence of the container can be cited as a Class C misdemeanor, which carries a maximum fine of $500. And if the officer also has probable cause to arrest you for DWI, […]
One of the cardinal rules of criminal law is that police must normally obtain a warrant before conducting a search. The warrant itself must specify the scope of that search. In other words, it is unlawful for a judge to issue a “general warrant” that gives the police broad discretion to search an unspecified place. […]
