Posted on April 19, 2017 in DWI / DUI

A Texas appellate court recently ruled in favor of a man who argued that the state punished him for having multiple driving while intoxicated convictions without proving his previous conviction. In Oliva v. The State of Texas, the appeals court overturned a lower court decision to convict the defendant of a Class A misdemeanor for DWI, saying it should have been a Class B misdemeanor conviction. According to Texas law:

• A first-time DWI offense is a Class B misdemeanor, punishable by up to six months in prison and a maximum fine of $2,000.
• A second-time DWI offense is a Class A misdemeanor, punishable by up to a year in prison and a maximum fine of $4,000.

The case addressed how a prior DWI conviction must be presented when a subsequent DWI charge is made.

Case Details

According to the written decision, police had charged the defendant with a DWI in May 2015, while also alleging he had a previous DWI conviction. The defendant pled not guilty, and the case went to trial. During the trial, prosecutors did not attempt to prove or show evidence of the defendant’s previous conviction. After the jury found the defendant guilty of the May 2015 charge, prosecutors presented the evidence of the previous DWI conviction during the punishment hearing. Because of the new evidence, the defendant was convicted of a Class A misdemeanor. The defendant appealed the decision, saying that the state had not proven his previous DWI conviction during the trial.

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 Posted on April 05, 2017 in DWI / DUI

Since 2015, Texas law has required many people convicted of driving while intoxicated to use ignition interlock devices on their vehicles as a condition of restoring their driving privileges. The new program is meant to reduce incidents of intoxicated driving by previous offenders and provide some first-time offenders an alternative to a suspended driver’s license. Mothers Against Drunk Driving, an organization that advocated for the law, claims that the number of drunk driving deaths in Texas have decreased by 8.5 percent since the law was passed. Because of the newness of the law, it is difficult to find a comprehensive source clearly explaining the ignition interlock device program. Here are the answers to some basic questions.

What Is It?

An ignition interlock device is a small breathalyzer connected to a vehicle’s ignition system and typically located on the vehicle’s passenger side. Before starting the vehicle, the driver must breath into the device. If the breath alcohol content is greater than a preset limit, then the vehicle will not start. After a vehicle is started, the device will sometimes require the driver to provide an additional breath sample to prove continued sobriety. The driver will be alerted of the retest and given time to pullover to a safe location before providing another sample.

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 Posted on March 31, 2017 in Drug Crimes

As several states have eased up on punishments for marijuana possession and expanded its legal use, Texas lawmakers are proposing changes to its marijuana laws that could decrease the number of criminal drug charges. Texas is known for having strict marijuana laws:

• Possessing any amount of marijuana weighing 2 oz. or less is a Class B misdemeanor, which can result in up to 180 days in prison and a $2,000 fine.
• Texas passed a 2015 law that gives medical patients access to use low-THC cannabis, but physicians can only prescribe it to patients diagnosed with intractable epilepsy.

Lawmakers have presented more than a dozen marijuana-related bills in the Texas legislature, but two are getting the most attention. They are a long way from being voted on and will face opposition from conservatives in the legislature. However, advocates for marijuana law reform hope the bills will at least continue the conversation towards eventual changes.

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 Posted on March 17, 2017 in DWI / DUI

It appears that America is caught in a new epidemic as the Centers for Disease Control and Prevention reports that on an average 78 Americans perish each day from a heroin or opioid-related overdose.

If you are still not convinced, you may want to tune into A&E’s Emmy® award-winning and critically-acclaimed documentary series, Intervention. Although the series does not discriminate against any one type of disorder, currently there has been an increase in showcasing those addicted to heroin.

The one thing that does remain constant is the participant’s decision to drive while under the influence (DUI). With alcohol addiction, law enforcement relies on the breathalyzer as well as known field sobriety tests but with the growing heroin and opiate epidemic what tests are law enforcement now utilizing?

Often if a driver is under suspicion, an elementary chemical test can be administered but law enforcement also relies on urine and blood sampling tests. Although these tests can secure an arrest, many organizations and criminal defense attorneys are questioning the validity of the $2.00 roadside chemical test possibly sending tens of thousands of innocent people to jail annually.

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 Posted on March 03, 2017 in DWI / DUI

Founded as an advocate for driver and passenger rights, fair laws, and vehicle safety, Triple A or AAA, or formally known as the American Automobile Association, has remained instrumental in the advancement of motor vehicle safety, environmental issues and research to enhance the driving experience for over 100 years.

Some may think of AAA as their parent’s travel agency that also offered roadside vehicle assistance but today, Triple A has championed many issues, one of which is the danger of driving while under the influence of prescription and over-the-counter medications.

Medication Usage

It is reported that nearly one-half of Americans are prescribed one or more prescriptions per 30 day period while 31 percent are prescribed two or more with 11 percent reporting three or more daily prescriptions per 30 day period.

Triple A has found that increases in prescription and over-the-counter drug usage is age-related with varying degrees of prescriptions or medications issued.

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 Posted on February 17, 2017 in DWI / DUI

Being charged and found guilty of driving while under the influence (DWI) can be a costly venture both financially and personally. Attorney fees, fines, possible restitution and a tarnished reputation but is there a way to put it all behind you?

If you reside in Texas, you and your attorney may find solace in the non-disclosure process described within Government Code 411.081(d). Often viewed as a method to provide those guilty of a misdemeanor to begin the process of regaining control of not only their private but public life. The process known as non-disclosure involves petitioning for a deferred adjudication and if successful can seal all records from dissemination from public view by the Texas Department of Public Safety.

As originally legislated, this process was confusing as even though a person charged with a DWI offense who received a reduction and further deferred adjudication his or her DWI arrest record was still available as a public record.

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 Posted on January 27, 2017 in Traffic Violations

The phone rings, it is three o’clock in the morning and your friend needs your help. After a night out on the Texas town your friend has come to the realization that they are too intoxicated to drive. Satisfied with your friend’s decision of not enlisting in the ranks with the reported 2.1% of Texans who have admitted to driving while having too much to drink, you are only happy to help. Clearly beyond the legal limit of a .08 blood alcohol concentration (BAC) and not another soul in sight they surely made the smart decision of contacting you for help but there is one thing that could easily undo this good deed, your friend jumped in your car with an open container of alcohol.

Thankful you were available to help and save your friend from an almost certain driving while under the influence (DWI) charge or worse yet, an accident, not much thought has been given to the open beer as you continue the drive to his house.

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 Posted on January 13, 2017 in DWI / DUI

Mothers Against Driving® or MADD, the nation’s largest non-profit organization dedicated to protecting families from those choosing to drive while under the influence of alcohol or drugs, at last count posted 600 official chapters across the United States, Texas included.

Currently in the great state of Texas alone, MADD® currently covers each navigational region as offices can be found in such Texas cities as

• Austin,
• El Paso,
• Houston,
• Irvine,
• San Antonio, and
• Tyler.

Following the death of a founding member’s daughter due to an alcohol-related crash on September 5, 1980, MADD has been promoting their message of no more victims and has recently published viable information for the public to become involved in their campaign.

How to Identify a Possible Impaired Driver

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 Posted on January 03, 2017 in DWI / DUI

One dark and snowy night in Paris, 2008, Travis Kalanick and Garrett Camp were frustrated and troubled when trying to hail a cab. Thinking there had to be a better way, their solution would revolutionize how we get from Point A to Point B with just a few clicks on our smartphones. Uber was born.

By downloading the Uber app, we now can rely seemingly on technology to solve

our logistical needs. Need a ride, have a package to deliver or without worry, plan a night out on the town without a possible arrest looming for driving while under the influence (DWI)? With one quick tap of an app, a low-cost car is on its way.

Great ideas beget competition and in 2012, Lyft, another private transportation startup, also launched a mobile app and now operates in 65 countries and the United States and continues to expand its horizons. Uber is doing the same.

Although these private ride-share companies provide transportation for many people for many different reasons it should be evident that by requesting a ride with Uber or Lyft would be instrumental in decreasing the number of DWI arrests and related vehicle accidents.

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 Posted on December 20, 2016 in DWI / DUI

A Chattanooga, Tennessee man has been arrested and charged with multiple counts of reckless endangerment and reckless driving resulting in the deaths of five elementary school children. Additionally, two dozen children were transported to local hospitals to assess injuries.

First responders worked for hours to free the children from the twisted wreckage while parents anxiously looked on.

The probable cause, speeding. It has been reported that the bus was excessively accelerating, lost control around a bend and nearly ripped in two as it hit a tree.

Chattanooga Police Chief Fred Fletcher described the scene as “every public safety professional’s worst nightmare”. No doubt there will be additional testing for possible driving under the influence of alcohol or illegal substances.

As the National Traffic Safety Board (NTSB) has initiated an investigation into the crash, it is estimated, on a national level, that school buses still remain the safest mode of transportation for school districts. As the investigation and possible additional charges remain to be seen, some parents may be left wondering as to just how safe are their children?

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