Posted on December 20, 2019 in DWI / DUI

Law enforcement departments across Texas are currently going through their longest “no refusal” period of the year for people suspected of driving while intoxicated. “No refusal” initiatives usually take place during holiday weekends, but many departments consider Thanksgiving to New Year’s Day to be one long “no refusal” period. Law enforcement promotes “no refusal” as a time when drivers suspected of DWI will not be allowed to refuse a sobriety test. It is somewhat misleading to say that departments designate “no refusal” periods, and explaining why can help you better understand your rights during a DWI stop:

1. You Can Refuse But With Legal Consequences: Firstly, “no refusal” refers to only blood and breath tests used to measure your blood alcohol concentration and not field tests of your balance or gaze. Secondly, you can refuse a sobriety test without consequence if you are not under arrest. Finally, you can still refuse a sobriety test after your arrest, though your driver’s license will be suspended and the officer will likely request a warrant to obtain your blood sample. Resisting a blood test after a warrant could lead to additional criminal charges.

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 Posted on November 30, 2019 in DWI / DUI

The numbers from your blood alcohol concentration test hold a lot of weight in determining whether you will be charged with driving while intoxicated. The big number in almost every state is 0.08 percent BAC, which is the legal limit that determines whether you are intoxicated (Utah is the exception because it recently lowered its limit to 0.05 percent). However, there is more to BAC levels in Texas law than a simple 0.08 cut-off point. You can still be charged with DWI when your BAC is below the legal limit, and the level of the charge can increase depending on how much your BAC exceeds the limit.

Less than 0.08

The 0.08 percent BAC limit is based on the percentage of alcohol in a person’s bloodstream that it usually takes to impair their driving capabilities. Your alcohol tolerance may be different than that, depending on factors such as your:

• Weight
• Gender
• Body chemistry

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 Posted on November 19, 2019 in DWI / DUI

A new law went into effect in Texas on Sept. 1 that allows people who committed driving while intoxicated for the first time to receive deferred adjudication. People who plead guilty to DWI and complete their probation can prevent a conviction from appearing on their public criminal record. However, a subsequent DWI charge would still be treated as a second DWI offense in court. The deferred adjudication law is seen as an alternative to full prosecution for people who made a one-time poor decision, such as underage drinkers or people driving home after a holiday family dinner.

Who Qualifies?

As previously mentioned, deferred adjudication is available to DWI defendants if they have never been previously convicted for DWI. Also, this option is unavailable if the DWI incident occurred before the law was enacted on Sept. 1. The judge will decide whether deferred adjudication is appropriate given the circumstances of the case. You may be denied deferred adjudication if:

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 Posted on October 30, 2019 in Expunctions

An arrest and conviction for driving while intoxicated will stay on your criminal record long after any court ruling or punishment. You may not realize the effect that a DWI record can have until it shows up during a background check when you are applying for a job. This may be particularly frustrating if you were never convicted of DWI. A DWI arrest and charge remain on your record unless you take steps to expunge them. However, your case must meet specific conditions in order to be eligible for expunction in Texas.

What Is Expunction?

Criminal charges and convictions are normally visible to anyone who conducts a criminal background check on you. With DWI convictions in Texas, you can petition to have your conviction sealed from everyone except for law enforcement and employers in sensitive fields, such as education. Texas allows record sealing for some first-time DWI offenders whose conviction did not include aggravating charges. Expunction removes the charge and conviction from your record so that it does not appear in any searches of official public records (Your arrest may still appear in an internet search if a story about your arrest was published and is archived on a private media company’s website).

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 Posted on October 06, 2019 in DWI / DUI

A U.S. representative from central Texas recently claimed that half of the people arrested for driving while intoxicated on Interstate 35 are illegal immigrants. At a forum on the Mexican border crisis, the congressman said that local law enforcement had told him this, as well as that most illegal immigrants had no identification but police officers had to let them go with just a ticket because the jails are full. Fact-checkers debunked this claim on multiple levels:

• None of the law enforcement agencies they talked to had official statistics on the number of DWI arrests that involved illegal immigrants; and
• Jails have contingency plans in the event that they have reached capacity.

What is true is that immigrants, here legally or otherwise, can face serious consequences if they are convicted of DWI.

Will I Be Deported?

If you are an immigrant to the U.S. who has been charged with DWI, your biggest fear may be whether a conviction would result in deportation. The answer depends on your legal status in the U.S.:

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 Posted on September 27, 2019 in DWI / DUI

Of the methods for testing someone’s blood alcohol concentration, blood tests are considered the most accurate. However, a breath test is more useful to police officers who are trying to establish probable cause to arrest someone for driving while intoxicated. It is more difficult to get a suspect to give a blood sample, and the results are not available until the blood has been taken to a lab for testing. By contrast, a breath test may be as simple as the subject breathing into a portable device, and officers can obtain immediate results in the field. Drivers who are stopped on suspicion of DWI should be cautious about agreeing to a breath test, even if they have had little or nothing to drink. There are several reasons that a breath test may give an inaccurate reading, leading to your arrest:

1. Equipment Errors: The breath test device, commonly called a breathalyzer, must be periodically calibrated to ensure that its readings are accurate. When a breathalyzer is used frequently, its sensors can become saturated, causing readings to be inaccurately high. Law enforcement cannot know whether the equipment has been affected in this way unless they check the device on a regular schedule.

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 Posted on September 15, 2019 in DWI / DUI

Ride-sharing services such as Lyft and Uber often hail themselves for decreasing the number of crashes and arrests involving people who drive while intoxicated. Arranging for transportation through your phone makes it easier for you to get a ride home when you are too drunk to drive. Various studies have shown that metropolitan areas had decreases in DWI arrests after the ride-sharing services entered their market, but the effect is inconsistent across the different cities. Some researchers believe that the effect of ride-sharing services on DWI arrests and crashes may be overstated.

Other Factors

Researchers had a good opportunity to study the relationship between DWI arrests and ride-sharing services when Lyft and Uber temporarily left some major cities a few years ago, including Austin and San Antonio. Cities such as San Antonio did have a noticeable decrease in alcohol-related crashes when the services returned, but other cities saw little or no change. For instance, the number of DWI arrests continued to decrease in Austin after Lyft and Uber ceased operating there. Thus, researchers state that other factors may be responsible when DWI arrests decrease, such as:

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 Posted on August 29, 2019 in DWI / DUI

All arrests for driving while intoxicated must start with the police officer establishing reasonable suspicion to stop a vehicle. Accepted reasons to stop a driver include traffic violations or erratic driving behavior. However, officers will sometimes stop drivers on nothing more than a hunch that they are committing a DWI offense. Traffic stops based on hunches are illegal, even if the hunch ends up being correct. Any evidence that came after that illegal stop would be suppressed in court, effectively ending the prosecution’s case. There are several ways that an officer may use a hunch instead of reasonable suspicion to initiate a DWI stop:

1. Targeting Bar and Restaurant Patrons: Many drunk drivers became intoxicated because they were at a public establishment that serves alcohol. Police officers know that there is a greater risk of DWI incidents near bars and restaurants, but they cannot stop a driver simply because they were leaving such an establishment. The driver must show signs of impairment that create reasonable suspicion that they may be intoxicated. Stopping the driver prematurely would be targeting a driver based on a presumption of guilt.

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 Posted on August 12, 2019 in DWI / DUI

Texas has an implied consent law that states that a licensed driver has consented to chemical testing if a police officer has probable cause to believe that they have been driving while intoxicated. The law applies even when the suspect is unconscious and unable to give consent. When a DWI suspect is injured in an incident, the officer will often collect a blood sample from the suspect at the hospital, where there is a trained staff available to draw the sample. However, some hospitals have a policy against drawing blood from a patient who is unable to consent. This can lead to disputes between police officers trying to obtain evidence and hospital staff concerned about the patient’s privacy.

Recent Example

A nurse at a Dallas area hospital recently refused to allow police to draw blood from a DWI suspect until they presented a warrant. The male suspect had been involved in a car accident that killed two women. The man had been convicted for DWI five times previously, gotten off of probation five days earlier, and just had the ignition interlock device removed from his vehicle. A breath test showed no traces of alcohol, but the officer believed that he was intoxicated because they claim that he:

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 Posted on July 31, 2019 in DWI / DUI

The preferred strategy when you have been charged with driving while intoxicated is to try to receive a “not guilty” verdict or to get the charge dismissed. In some cases, your best strategy is to minimize the penalties you receive. When a conviction seems unavoidable, your DWI defense attorney can negotiate a plea bargain with prosecutors, in which you agree to plead guilty in exchange for a lesser charge or lesser penalty. Plea bargaining should be a last resort after evaluating your case and determining how you can contest the charge. A plea bargain can still result in severe consequences.

The Reality of Plea Bargains

Your best-case scenario in plea bargaining with prosecutors would be to get your DWI charge reduced to reckless driving, obstruction of a highway or public intoxication. These charges could allow you to avoid jail time and a driver’s license suspension. However, prosecutors are more likely to offer lesser penalties in exchange for pleading guilty to DWI. When deciding whether to offer a plea bargain, prosecutors will consider:

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