The Texas DWI-Drugs Two Step

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

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?

Lowering the BAC Limit

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

Horizontal Gaze Nystagmus

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 »

Undermining the WAT In A DWI Trial

DWI Attorney Houston

In the United States, the defendant does not have to “prove” anything in criminal court. Instead, to escape punishment, the defendant only needs to create a reasonable doubt in one juror’s mind. The jury can only convict on a unanimous verdict in Texas. So, rather than completely discrediting the walk-and-turn test, and any other evidence… Read more »

How Do Alcohol and Prescription Drugs Interact?

Interaction of Alcohol and Prescription Drugs

In a nutshell, most people drink and most people also take prescription medications. The effects of alcohol vary. Alcohol can intensify some medicine side-effects like drowsiness and lightheadedness. It can take much less alcohol to intensify medication side-effects than it would take to become intoxicated on alcohol alone. The medication-alcohol combination has some legal effects… Read more »