Category: Texas Laws

A Quick Guide To DWI And Pretrial Release

A Quick Guide To DWI And Pretrial Release

Until the mid-1990s, many officers did not bother to arrest suspected impaired drivers. Instead, they issued citations or simply sent them on their way with a “go forth and sin no more.” But today’s Texas law does not sanction either outcome, and arrests are now mandatory in these cases. States are largely on their own… Read more »

Anatomy Of A DWI-Drugs Case

Anatomy Of A DWI-Drugs Case

Houston’s limited “legalization” of marijuana has many people asking about the Texas DWI-drugs law. That law says that intoxication means “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or… Read more »

Challenging The Stop In A DWI Case

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 »

Are DWI Checkpoints Legal In Texas?

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 »

The Second Chances Law May Help First-Time DWI Offenders

If you live in Texas and have one DWI charge, a new law that will go into effect this Fall may be able to help you. This new law was signed by Governor Greg Abbott and it allows people a second chance after getting a DWI conviction. If certain parameters are met, people may be… Read more »

What are the Penalties for Resisting Arrest in Texas?

What are the Penalties for Resisting Arrest in Texas?

If you’ve been accused of resisting or evading arrest in Texas, it’s important to understand that you could be facing some stiff legal penalties. According to Texas Penal Code § 38.03, resisting arrest is defined as the act of preventing or obstructing a peace officer from executing an arrest or search through the use of force. Under… Read more »