Category Archives: DWI DUI
What Prosecutors Must Prove In A DWI Case, And How To Defend Yourself Against DWI Charges
Driving While Intoxicated in Texas is a serious offense that law enforcement and prosecutors do not take lightly. They will push aggressively for the maximum possible penalties available, based on the circumstances. Penalties can include jail time (up to 25 years in the most serious cases), and thousands of dollars in fines. Other consequences… Read More »
How Do Texas “Open Container” Laws Work?
Perhaps one of the most misunderstood areas of Texas criminal law is the prohibition on “open containers” of alcohol in vehicles. Some people mistakenly believe it is okay to have an open container in their vehicle as long as they are not the driver or their car is actually running. There has also been… Read More »
Can A Lane Change Lead To A Felony Drunk Driving Conviction?
Drunk driving arrests rarely start out that way. The more typical scenario is that a police officer initiates a “routine” traffic stop after observing a possible infraction. During the stop, the officer then develops a suspicion the driver may be drunk, which may lead to probable cause justifying an arrest. This entire chain of… Read More »
How Your Car Can Be Considered A “Deadly Weapon” Under Texas Criminal Law
Criminal assault covers a much broader range of conduct than most people realize. Sure, if you walk up to someone and punch them in the face, that is clearly assault. But assault does not require that you make physical contact with the victim. Instead, Texas law defines the crime as including “intentionally or knowingly”… Read More »
What Happens If I Refuse A Breathalyzer Test?
A driver is considered legally intoxicated in Texas if their blood-alcohol content (BAC) is measured at 0.08 percent or greater. When police make a DWI arrest, they will typically ask the suspect to take a chemical test–such as a Breathalyzer–to establish their precise BAC. So what happens if you simply refuse to take the… Read More »
Does DWI Require Proof Of Your Exact BAC At The Time Of Arrest?
Under Texas law, a person is legally too drunk to drive if their blood-alcohol content (BAC) is at least 0.08 percent. Police and prosecutors often rely on breath or blood analysis to establish a defendant’s BAC. Of course, such tests typically measure a defendant’s BAC sometime after they are actually placed under arrest. Does… Read More »
When Can The Police “Extend” A Traffic Stop Based On Suspicion Of Drunk Driving?
A drunk driving arrest usually starts as a “routine” traffic stop. When a police officer observes a possible violation of Texas traffic laws, they are permitted to initiate a stop for the purpose of investigating that violation. The stop itself should not last longer than is necessary to accomplish that goal–i.e., to check the… Read More »
