What Will Happen at Your First Court Date?

After the initial shock of a DWI arrest wears off, many people get very scared. The mound of paperwork they received talks about conditions of release, license suspension, and other concepts that are difficult to understand. A brief Internet search of phrases like “DWI consequences” reveals more bad news. Making matters even worse, many DWI… Read more »

Some Common DWI Enhancements in Texas

Prosecutors always bring the most aggressive charges that the facts can possibly support, mostly to obtain leverage during pretrial settlement negotiations. So, it is very common for DWI charges to include one or more enhancements. Here are some of the ones we see most frequently. Open Container This infraction is technically a separate offense and… Read more »

The Texas DWI-Drugs Two Step

A growing number of people are arrested for driving under the influence of prescription painkillers, over-the-counter sleep aids, and other legal drugs. While it is legal to take these substances in Texas, provided that one has a prescription if needed, it is illegal to drive under the influence of these drugs under Texas Penal Code… Read more »

Some Issues in DWI Checkpoint Cases

Mostly during holidays that are linked with drinking and driving, such as the summer bookends Memorial Day Weekend and Labor Day Weekend, many law enforcement agencies in the Houston area set up DWI roadblocks. Officers and prosecutors love checkpoints, because they are exempt from the reasonable suspicion rule. Checkpoint officers may detain drivers simply due… Read more »

Coming To A Highway Near You: A .05 BAC?

The National Academies of Sciences recently said that lowering the BAC limit to .05 from its current .08 level was a good idea. The panel also endorsed higher alcohol taxes and stricter enforcement of current laws as ways to decrease the number of alcohol-involved serious injury and fatal collisions on American roads. These moves are… Read more »

Attacking The HGN Test In A DWI Case

In both test and refusal DWI cases, the field sobriety tests are an important component of the prosecutor’s case. In test cases, the FSTs usually establish probable cause for the arrest, a rather low standard which is somewhere between an evidence-based gut feeling and beyond a reasonable doubt. The FSTs are much more critical in… Read more »