Posted on June 09, 2017 in DWI / DUI

A conviction of driving while intoxicated in Texas has consequences beyond the court-issued punishment. The conviction will show up on your criminal record when someone conducts a background check on you. A DWI record could prevent you from getting a new job, bank loan or lease on an apartment. Proposed Texas legislation would allow one-time offenders to seal their DWI records. The “Second Chance Bill” has passed the Texas House of Representatives and Senate and is awaiting Gov. Greg Abbott’s approval. The bill has received bipartisan support, based on the idea that an isolated DWI incident should not punish a person for the rest of his or her life.

How It Works

The bill would amend the Texas code regarding the nondisclosure of non-violent class C misdemeanors and DWI convictions with a blood alcohol content level of less than 0.15. Texas passed a similar bill in 2015 that applied to non-violent class A and B misdemeanors. A person could petition a court to seal the record of his or her DWI conviction in Texas, as long as:

Continue Reading ››

 Posted on May 17, 2017 in DWI / DUI

If you have been charged with driving while intoxicated, you can refuse to submit to a blood alcohol test. In Texas, police officers can request a blood search warrant that requires a sample of your blood to be drawn and tested for alcohol or other intoxicating substances. Executing the warrant can take hours because the officer often needs to go to the station or court house to obtain it. However, some Texas municipalities are testing a mobile communications program that enables officers to receive an approved blood search warrant in the field. If the program is successful, it may become easier for law enforcement to obtain evidence against DWI suspects.

Blood Search Warrant

Under Texas law, a judge can issue a blood search warrant that allows a medical professional to collect a DWI suspect’s blood sample as possible evidence of intoxication. An officer can request a blood search warrant as long as:

Continue Reading ››

 Posted on May 03, 2017 in DWI / DUI

Texas motorists can refuse to take a field sobriety test when police officers pull them over on suspicion of driving while intoxicated. Officers use the test to determine if motorists have any physical or mental impairments, and the test results can be evidence in DWI cases. There is no penalty for refusing a field sobriety test, but the driver may still be arrested if the officer believes there are other signs of DWI. If the case goes to trial, prosecutors may claim that refusing the test is evidence of guilt.

Whether you are sober or not, you are taking a risk if you agree to a field sobriety test. You may perform poorly during the test due to factors other than sobriety, such as the surrounding environment or a natural lack of balance. Your test performance can be considered evidence that you were impaired, even if your blood alcohol content was below the legal limit. The National Highway Safety Administration has three standard sobriety tests.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››