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. […]
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 […]
When it comes to a possible drunk driving situation, a police officer is not your friend. Even if you happen to know the officer socially, if they suspect that you’re driving under the influence of alcohol, rest assured they are unlikely to “cut you a break.” This is why you need to be especially careful […]
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, […]
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 […]