Category: DWI Attorney

5 Factors Influence Your Blood Alcohol Concentration (BAC)

As you near the end of an evening out with friends, you ask yourself “should I risk having another drink before I need to drive home?” Although you feel fine and are confident that you’ll be able to drive safely, you still have to assess whether it’s worth enjoying another cocktail since it will increase… Read more »

Open Container Laws in Texas

The general Texas Open Container law is in Texas Penal Code Section 49.031. TPC 49.031 is not technically a DWI enhancement. Rather, it is a separate offense that’s punishable by a fine of up to $500. It is generally handled like a traffic ticket as opposed to an arrestable offense. In fact, the Texas Transportation… Read more »

Some Common DWI Enhancements in Texas

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 »

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 »