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 […]
In Texas, being convicted of driving while intoxicated (DWI) can have significant repercussions, including jail time, fines, a mandatory driver’s license suspension, probation, and completion of a DWI education course. Fortunately, those who have been accused of driving while under the influence don’t have to take those allegations lying down, but have the right to […]
When determining whether a motorist has had too much to drink, law enforcement officers measure the amount of alcohol in that person’s system by administering a breath, blood, or urine test. The results, also known as one’s Blood Alcohol Concentration (BAC), provides a measurement of the weight of alcohol in a specified volume of blood. […]
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, […]
Federal Judge Dismisses Whistle-Blower Lawsuit Brought by Former Harris County DWI Testing Supervisors Blood and breath tests provide the key evidence in most Texas DWI cases. By law, a person is automatically considered intoxicated–i.e., too drunk to drive–if they have a blood-alcohol concentration (BAC) of at least 0.08 percent. Reliable testing is the only way […]
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 […]