Posted on May 30, 2019 in DWI / DUI

Holidays, such as the recent Memorial Day weekend, are a time when law enforcement steps up its efforts to find people who may be driving while intoxicated. As a result, police often report a higher-than-average number of DWI arrests during these periods. The result occurs because of people’s propensity to drink during holidays and an increased police presence on the roads. Does increased law enforcement activity include DWI checkpoints? Not in Texas, where courts have ruled that such checkpoints are unconstitutional.

What Are Checkpoints?

Normally, DWI stops occur when police officers pull over drivers that they reasonably suspect may be intoxicated or committing a traffic violation. The principle behind DWI checkpoints is that law enforcement sets up a roadblock where all passing drivers are stopped to check for signs of intoxication. States that allow DWI checkpoints have argued that they are both legal and necessary because:

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 Posted on May 15, 2019 in DWI / DUI

Police suspicion that you may be driving while intoxicated can start from the moment you are pulled over. Erratic driving suggests to them that you might be impaired, and the time of night and proximity to drinking establishments may further their suspicions. However, suspicions and police intuition about your driving are not enough reason to immediately demand a sobriety test or arrest you for DWI. The officer will observe your appearance and behavior to determine whether there is probable cause for an arrest.

Your Appearance

Officers are familiar with the visual cues that a driver may be under the influence of alcohol or drugs, such as:

• Bloodshot or watery eyes;
• Dilated pupils;
• Flushed face;
• Sweating;
• An odor of alcohol or drugs; and
• An unkempt appearance.

A combination of any of these symptoms will raise suspicion, but each one could have an explanation that is unrelated to alcohol or drugs. You may be sweating or have bloodshot eyes if you are sick or tired. While being sick or tired can impair your driving ability, the consequences are not the same as being under the influence of an intoxicating substance. The smell of alcohol or drugs is more difficult to explain. It is possible that the odor could be coming from a current or recent passenger who was drinking or using drugs.

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 Posted on April 27, 2019 in DWI / DUI

A first-time conviction for driving while intoxicated often does not include any jail time for the offender. Texas law does not require jail for a first-time offense, and courts prefer to give probation. However, some people choose to serve jail time instead of accepting the conditions of probation. Why would a defendant reject the chance to avoid jail time? For some, it is a matter of cost, hassle, and the duration of probation.

Hassle

There are several conditions to being on probation, and violating them may result in you going to jail. People on probation for a DWI conviction often must:

• Regularly report to a probation officer;
• Abstain from drinking alcohol;
• Submit to random alcohol breath tests;
• Install an ignition interlock device on their vehicles;
• Attend counseling or classes;
• Perform community service; and
• Remain in their county of residence, unless they receive court permission.

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 Posted on April 10, 2019 in DWI / DUI

When facing a charge of driving while intoxicated in Texas, it can sometimes feel like your case is hopeless. Prosecutors may present convincing evidence, such as chemical tests and testimony from the arresting officer and other witnesses. You may be tempted to plead guilty to the charge in order to expedite the process and possibly receive a lighter sentence. However, it is worth your effort to contest your DWI charge instead of resigning yourself to being convicted. There are several consequences to a DWI conviction that you want to avoid if possible:

1. Sentencing: A first-time DWI offense, which is the most basic offense, can result in as long as 180 days in jail, a fine of as much as $2,000, and a driver’s license suspension for as long as a year. The penalties increase if you have any aggravating factors, such as a DWI charge with a blood alcohol concentration of 0.15 or greater or if someone was injured during the incident. Previous DWI convictions on your record will also raise the level of the charge.

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 Posted on March 28, 2019 in DWI / DUI

Prescription medications and over-the-counter medicines have side effects that can impede your ability to perform normal tasks. Mixing prescriptions or combining them with alcohol may heighten those symptoms or cause unexpected reactions. It is wise to read the potential side effects when taking a new medication and to see how your body reacts to it before driving. You can be charged with driving while intoxicated if a police officer determines that the effects of a legally prescribed drug impaired your ability to drive.

Evidence

An arrest for DWI with prescription drugs will likely start the same way as DWI with alcohol. The officer may stop you because you have committed a traffic violation or appear to be driving erratically. During the stop, the officer will look for signs of impairment from your appearance and behavior. Evidence used in cases of DWI with prescription drugs may include:

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 Posted on March 12, 2019 in DWI / DUI

The Texas Court of Criminal Appeals recently upheld a trial court’s decision to bar a blood sample from being used in a high-profile driving while intoxicated case. In The State of Texas v. Joel Garcia, the defendant has been charged with three counts of intoxication manslaughter for allegedly being under the influence of alcohol and cocaine during a fatal traffic accident. The trial court judge approved the defendant’s request to suppress the test results from a blood sample that police obtained without a warrant. The Texas Eighth District Court of Appeals overturned that ruling, stating that exigent circumstances permitted police to forgo the warrant. The Court of Criminal Appeals, the state’s highest criminal appeals court, reinstated the trial court’s ruling.

Exigency

The Fourth Amendment to the U.S. Constitution requires law enforcement to present a suspect with a warrant before conducting a search, which includes the drawing of blood to test for intoxication. Courts may allow prosecutors to present evidence that was obtained without a search warrant if there was an immediate danger of losing the evidence if law enforcement had waited for the warrant to be issued. In The State of Texas v. Joel Garcia, prosecutors claimed three exigent circumstances that necessitated drawing the blood immediately:

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 Posted on February 27, 2019 in DWI / DUI

Texas courts can mandate that a defendant convicted for driving while intoxicated must use an ignition interlock device in his or her vehicle. The DWI offender must provide a breath sample in order to start the vehicle and continue to give samples periodically while driving. The device will report any sample that contains traces of alcohol to the court, which may punish the user for violating the terms of his or her probation. An ignition interlock is the most common type of alcohol monitoring device, but people suspected or convicted of DWI may be required to use other devices.

In-Home Testing

A court may order a DWI offender to use a portable alcohol monitoring device as an alternative to an ignition interlock device if the offender:

• Does not have his or her own vehicle;
• Shares his or her vehicle with others; or
• Has not complied with using the ignition interlock device.

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 Posted on February 12, 2019 in DWI / DUI

You will occasionally see news stories about a person who was arrested on suspicion of driving while intoxicated after police found him or her driving the wrong way on a highway exit ramp. Driving the wrong way on a road is dangerous but not a serious offense by itself. In Texas, it is a traffic violation with a fine of as much as $200. You would need to commit the offense four times within a year in order for your driver’s license to be suspended. If prosecutors charge you with reckless driving, the maximum jail sentence upon conviction would be 30 days. However, driving the wrong way on a road could hurt your defense against a DWI charge in several ways:

1. You Are Conspicuous: In order to conduct a DWI stop, a police officer must have reason to believe that you are committing a traffic violation or are a danger to yourself or others. Driving the wrong way on a road qualifies as both. Even if a police officer is not there to witness it, other drivers will notice and likely report it. Authorities sometimes set up traffic cameras at highway exit ramps in order to identify people who drive the wrong way. If you are identified as the driver, you will have a difficult time claiming that the stop was not justified.

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 Posted on January 26, 2019 in DWI / DUI

You may be familiar with the Texas laws regarding driving while intoxicated, but what happens if you are charged and convicted for DWI in another state? Do the penalties from another state also apply in Texas? What if you are a visitor to Texas who is charged with DWI? Your criminal case would take place in the state where you are charged. If convicted, you could pay fines and serve jail time in that state. However, some DWI penalties, such as a driver’s license suspension, can be transferred to your home state.

Interstate Compact

Texas is one of 45 states that are members of the Driver License Compact Commission. Participating states agree to share information about any traffic violations and convictions with the subject’s home state. A state court’s authority is limited to your activities within that state. Thus, it cannot suspend your driving privileges within another state. With the Interstate Compact, your home state will know about your DWI arrest or conviction and has agreed to suspend your license as if you committed the offense in your home state.

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 Posted on January 10, 2019 in DWI / DUI

The top concern for a youth charged with driving under the influence of alcohol is to prevent that charge from ruining his or her life. A criminal record could limit his or her options when going to college or looking for a job. Spending time in jail is a jarring experience that may do more to traumatize a youth than rehabilitate him or her. In Texas, the age of a youth charged with DUI makes a significant difference. A juvenile court hears DUI cases for defendants age 16 and younger, while defendants age 17 to 20 are tried as adults.

Juvenile System

A DUI charge for someone age 16 or younger is a class C misdemeanor, which is punishable by:

• A maximum $500 fine;
• A minimum 60-day driver’s license suspension;
• 20 to 40 hours of community service; and
• Required completion of an alcohol awareness course.

The goal of the juvenile court system is to rehabilitate the youths it convicts without hindering their ability to be healthy adults. Juvenile records are automatically sealed from most background checks and can be permanently sealed if the person does not receive any more criminal charges. A juvenile court is unlikely to sentence a defendant to jail time, even if the juvenile had enough alcohol in his or her system to qualify for a charge of driving while intoxicated.

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