Tag: dwi

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 »

Thoughts On Felony And Enhanced DWIs

Thoughts On Felony And Enhanced DWIs

James Bond novelist Ian Fleming once wrote that “Once is happenstance, twice is coincidence, and three times is enemy action.” That same idea basically applies to felony DWIs in Texas, except in this case, the “enemy” is not an outside force, but a struggle with alcohol. After all, if a person is married and divorced… Read more »

How To Win A Circumstantial Evidence DWI Case

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 »

Mechanics Behind the Breathalyzer

You may have seen a breathalyzer before, whether on screen or in person, but do you know how it works? While it may seem simple, the mechanics behind breathalyzers are fairly complex. How does a breathalyzer work? Alcohol contains ethanol, which absorbs into a person’s bloodstream while drinking beer, wine, and liquor. When you inhale,… Read more »

Police Cannot Detain Drivers for Random Dog Sniffs

On April 21, 2015 the U.S. Supreme Court rendered an important decision that can affect law enforcement tactics across the country. The decision will limit the common practice of police officers to detain people for the purpose of allowing a police drug dog to sniff around a vehicle. In Rodriguez v. State, the Court examined… Read more »