The Fourth Amendment to the U.S. Constitution protects all Texas residents from “unreasonable” searches and seizures. This includes mandatory testing of one’s blood following a drunk driving arrest. If you do not consent to a blood test–and you always have the right to refuse–then police must obtain a warrant before drawing or testing your blood. […]
When Does the Prosecution’s Failure to Disclose Evidence in a DWI Case Violate a Defendant’s Constitutional Rights? Even in a routine misdemeanor DWI case, prosecutors must follow certain rules designed to protect the due process rights of the defendant. One such requirement is known as the Brady rule. Named after a U.S. Supreme Court decision, […]
Most DWI cases start with a traffic stop. An officer observes a possible traffic violation, pulls the driver over, and during the course of the stop discovers evidence of drunk driving. If, however, the officer lacked “probable cause” to initiate the traffic stop in the first place, that renders any evidence obtained during the stop […]
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 […]
DWI cases usually start with a routine traffic stop. But when a police officer suspects there may be more than just a normal traffic violation, the officer may detain the driver to conduct further investigation. From a legal standpoint, such detentions are permissible so long as they further a “legitimate law enforcement purpose.” That is […]
In most cases, a first-time DWI is a misdemeanor under Texas law. But if there was a child–i.e., a person under the age of 15–in your vehicle at the time of your arrest, prosecutors can charge you with felony DWI. Specifically, a state jail felony, which can lead to a jail term of up to […]
Not all drunk driving cases are treated the same under Texas law. For instance, if you are charged with a first-offense DWI, that is by default a Class B misdemeanor. However, if the evidence proves beyond a reasonable doubt that your blood-alcohol concentration was 0.15 percent or more, you can be charged, tried, and convicted […]
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 […]
It may surprise you to learn that the offense of driving while intoxicated does not necessarily require proof that you were either (a) driving or (b) intoxicated. To elaborate more on this, Texas law states a person commits misdemeanor DWI if they are “intoxicated while operating a motor vehicle in a public place.” This does […]
In Texas, a drunk driving conviction often leads to the suspension of the defendant’s Texas Driver License. The terms and conditions of this suspension will vary based on the circumstances of a particular case. And while the suspension is mandatory in many cases, there are scenarios where a first-time offender can avoid a suspension if […]