Tag: Texas Laws

Texas Felonies and Misdemeanors Explained

Many people know that felonies are for more serious crimes and misdemeanors are for less serious crimes, but it’s uncommon for people to know the details that are involved with the various crimes.  Read our infographic below to learn about Texas’ way of punishing these offenses: Texas Felonies and Misdemeanors

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 »

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 »

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 »

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 »

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 »