In Texas, drunk driving allegations and the breathalyzer tests seem to go hand-in-hand. Since an arrest is often predicated on a driver’s blood alcohol concentration, the testing procedure is a fundamental part of the case. There is a perception that once the test...
Drunk Driving
Can I get a DWI in my driveway?
Driving while intoxicated in Texas is illegal. You may assume that you can only be charged with DWI if you are pulled over in a public place, such as a road or highway. However, you can be charged with DWI whether you are in a public or private place, including your...
What are field sobriety tests?
If a police officer in Texas suspects that you are driving while under the influence of alcohol or drugs, they may use field sobriety tests to determine whether you are impaired. The National Highway Traffic Safety Administration (NHTSA) developed the Standardized...
Understanding chain of custody in a DWI case
If you are facing DWI charges in Texas, you probably know that the prosecution must prove its case beyond a reasonable doubt. A violation of the chain of custody is a defense that should always be explored. There are specific rules for collecting physical evidence...
Can I get a DUI in Texas if I am below the legal limit?
Driving after drinking alcohol is always risky, even if you do not feel intoxicated. Many adults of legal drinking age think that as long as their blood alcohol concentration (BAC) is below the legal limit of .08, they will not face DUI charges. However, under Texas...
What do I say to cops at a DWI stop?
Getting pulled over for DWI makes almost anyone nervous. Even if you have not been drinking, knowing the cops believe that you are intoxicated might make you extremely anxious. If you did have a couple of drinks, you might panic and make statements you should not....
Are DWI and DUI different in Texas?
Readers of this blog and other legal blogs have likely seen the acronyms DWI and DUI. However, you may not know the difference between them. In Texas, the terms Driving While Intoxicated and Driving Under the Influence are often used interchangeably, but they have...
Can I get a DWI if I’m just sleeping in my car?
In Texas, DWI laws are strict. Indeed, most laws in the state are strict. Though, unlike most other laws, DWI laws even pose potential legal pitfalls even when not actively driving. And, as a result, a common question is whether one can face a DWI charge while...
Saying no to field sobriety tests
Being convicted of drunk driving in Texas has serious penalties. But it is important to remember that to secure a conviction the prosecution must prove their case beyond a reasonable doubt. This requires the presenting of direct, reliable evidence. Sometimes the...
An alleged DUI accident with injuries can have enhanced penalties
Any person who is arrested and charged with driving under the influence or driving while intoxicated in Texas should understand what they are facing. The penalties differ depending on whether it is a first offense or a subsequent offense; if there is an accident in...