DWI is the acronym for “Driving While Intoxicated”. Driving While Intoxicated is a crime in the state of Texas. Depending on the circumstance, DWI may be charged as a misdemeanor or felony.
Typically, when a person is arrested for driving while intoxicated (DWI), he or she will have been seen driving by the arresting police officer. It is not unheard of, however, for motorists to be arrested for driving while intoxicated when they weren’t driving, but were merely sitting in their vehicles. For help defending yourself against […]
While the terms DUI and DWI are often used interchangeably, there are actually important differences between these two offenses that could play an important role in how a person goes about building a defense strategy. To learn more about defending yourself against DWI or DUI charges in Texas, please call our experienced Houston DWI/DUI lawyers […]
After arresting a driver who is suspected of driving while intoxicated, law enforcement officers can ask him or her to submit to a DWI breath test. The results of these tests, however, are not always accurate, so if you were charged with Driving While Intoxicated, you should call a Houston DWI defense attorney who can […]
The short answer to this question is “maybe.” Ultimately, whether a driver will be required to install an Ignition Interlock Device (IID) in his or her vehicle depends on the facts of the case. In making these decisions, courts will, for instance, look to a driver’s Blood Alcohol Concentration (BAC) at the time of arrest, […]
Laws are not always precise in their wording. For example, in Texas a first-time DWI charge may be prosecuted as either a Class B or Class A misdemeanor. Section 49.04 explains both charges. With respect to the Class B misdemeanor, the statue requires that if the defendant is convicted, they must serve a “minimum term […]
Most DWI arrests begin with a police officer observing a possible traffic violation and pulling the driver over to give them a ticket. If the officer lacked “reasonable suspicion” to initiate the traffic stop, any subsequent evidence of DWI that may be discovered is inadmissible in court. The same holds true if any subsequent arrest […]
Everyone knows you are not supposed to drive while intoxicated. But are there situations where you have to drive drunk in order to save the life of yourself or someone else? And if so, does this excuse you from any criminal liability? Thirteenth Court of Appeals Speaks on the Issue “Defendant Never Admitted to DWI, […]
Although we often refer to DWI as “drunk driving,” the reality is that alcohol does not have to play any part in the offense. You can be legally “intoxicated” due to the presence of drugs in your system. This includes prescription medications. But can you cite the fact your doctor told you to take certain […]
Not all drunk driving cases are treated the same under Texas law. For instance, if you are charged with a first-offense DWI, that offense is by default classified as a Class B misdemeanor. However, if the evidence proves beyond a reasonable doubt that your Blood Alcohol Concentration (BAC) was 0.15 percent or more, you can […]
In some cases, you may be able to get a drunk driving arrest removed or “expunged” from your record. Expunction is an option if you are acquitted of the DWI charge. But an acquittal does not guarantee expunction. The court will refuse to clear your record if the DWI arrest was part of a “criminal […]
