Why The ALR Hearing Matters

Many DWI arrestees in Texas do absolutely nothing to contest an Administrative License Suspension proceeding. Sometimes, the suspension notice is buried with all the other arrest paperwork and the deadline to request a hearing, which is 15 days from the notice, passes. But in most other cases, the defendants believe that there is no hope… Read more »

How To Win A Circumstantial Evidence DWI Case

In about one out of five cases, the DWI defendant refuses to provide a chemical sample of breath or blood. As a result, the prosecutor must rely on circumstantial evidence of intoxication, and as we all probably know, such evidence is always subject to interpretation. Circumstantial evidence cases are also harder for prosecutors to win… Read more »

Challenging The Stop In A DWI Case

Although the United States Supreme Court has whittled away at the requirement in recent years, most notably in 2016’s Utah v. Streiff, police officers must still have reasonable suspicion of criminal activity before they can detain an individual, or in the case of most DWIs in Harris County, pull over a vehicle. Typically, the officer… Read more »

Beating The Breathalyzer In A DWI

At first blush, Breathalyzer results appear to be insurmountable evidence of guilt. However, there may be other challenges available, such as the validity of the arrest or stop. Furthermore, a high Breathalyzer score does not necessarily mean that the prosecutor has an open-and-shut case. Once the jury understands that, despite all the new bells and… Read more »

Are DWI Checkpoints Legal In Texas?

DWI roadblocks have had an up-and-down legal history over the past several decades. At one point, it was legal for any officers to set up any checkpoint at any time, and at another time, it was illegal for any police department to set up any checkpoint for any reason. There were, and still are, legitimate… Read more »