Posted on August 23, 2018 in DWI / DUI

It is common to see local law enforcement promote no-refusal periods for people suspected of driving while intoxicated. Holidays, such as the upcoming Labor Day weekend, are a popular time for celebrating, which can increase the number of people who are drinking and driving. No-refusal weekends often coincide with these periods in order to punish those who break DWI laws and dissuade others from drinking and driving. Police departments increase their resources to make it more difficult for suspects to avoid blood alcohol concentration tests.

Implied Consent and No Refusal

No refusal refers to circumstances in which a DWI suspect cannot legally refuse to submit to a BAC test, such as a providing a blood or breath sample. Texas has an implied consent law that states that anyone who is allowed to drive in the state has also consented to cooperate with a BAC test. Refusing the test will result in an automatic suspension of the suspect’s driver’s license and can be used as evidence against the suspect in a DWI case. However, some courts have ruled that the implied consent law violates a suspect’s rights under the fourth amendment of the U.S. Constitution, which prohibits searching a person without a warrant. In this case, police obtain blood from the suspect in order to search for evidence of intoxication. To get around this defense, police can request a warrant to obtain a suspect’s blood sample. Refusing the warrant would be a criminal offense.

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 Posted on August 08, 2018 in DWI / DUI

Being convicted for possession of an open alcohol container in the passenger area of a vehicle is essentially a traffic ticket if there are no other related charges. In Texas, it is a class C misdemeanor and is punishable by a fine of as much as $500. However, an open alcohol container charge is sometimes coupled with a driving while intoxicated charge. Having an open alcohol container is an aggravating factor in a DWI case and may increase your punishment if you are convicted.

What Is an Open Container?

An open alcohol container is any receptacle holding alcohol that shows signs of being used. This includes when:

• The top is opened or has been taken off of the container;
• The seal for the container’s opening has been broken; or
• Some of the liquid has been removed from the container.

What Is the Passenger Area?

The passenger area of a vehicle is any place that is designed for people to sit, whether the driver or someone accompanying the driver. Places in the vehicle that do not qualify as the passenger area include:

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 Posted on July 25, 2018 in DWI / DUI

Whether or not you believe it is justified, it is important to be respectful and reasonably cooperative towards a police officer when stopped for suspicion of driving while intoxicated. You are entitled to defend your rights if you believe the officer is ignoring proper procedure during a DWI stop, but acting belligerent will antagonize the officer and escalate the situation. Compliance is particularly important if the officer decides to arrest you on suspicion of DWI. Prosecutors can add evading or resisting arrest to your DWI case. Even if your original DWI charge is dismissed, you could still be convicted on these charges.

Evading Arrest

Some DWI suspects attempt to flee when they realize they are about to be arrested. Texas law defines evading arrest as when:

• An officer is trying to legally detain or arrest a person;
• The person intentionally fled; and
• The person knew he or she was fleeing from an officer attempting to arrest him or her.

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 Posted on July 09, 2018 in DWI / DUI

Driving without a valid driver’s license is a relatively minor charge in Texas when compared to driving while intoxicated. Driving with a suspended license is more serious, but a first-time offense will not result in jail time unless there are other factors. Combining this charge with a DWI charge is more consequential for defendants. The penalties for driving without a license or with a suspended license will still seem light when compared to a DWI conviction. However, this minor charge can hurt your defense against your DWI charge because it makes you seem irresponsible.

Driving Without a License

Being charged with driving without a driver’s license is less severe than being charged with driving with a suspended license. Driving without a license may occur if you:

• Have a valid license but cannot prove it because you do not have it during your traffic stop;

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 Posted on June 27, 2018 in DWI / DUI

This is the second in a two-part series about the ways that a driving while intoxicated conviction can harm you beyond legal penalties, such as prison time. The last post focused on how a DWI on your criminal record can affect your ability to obtain or retain employment. There are other ways that a DWI conviction can take money out of your wallet, both directly and indirectly.

Auto Insurance

It should come as no surprise that your auto insurance expenses will increase after a DWI conviction. Drivers with a DWI conviction can have difficulty finding:

• A reputable insurer who will cover them;
• The same level of coverage as before their conviction; and
• Affordable insurance premiums.

Even if you did not wreck your car during your DWI, insurance companies will view you as a high-risk client due to what they perceive to be your poor judgment in driving drunk. An insurer is responsible for paying for property damage and personal injury expenses when its client is at fault, and DWI offenders are almost always at fault for their accidents. It may take years of safe driving for an insurance company to trust you as a client.

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 Posted on June 11, 2018 in DWI / DUI

The consequences of a driving while intoxicated conviction can extend beyond the punishments that a court issues you. Prison time, fines and restricted driving privileges can be the immediate outcomes of a conviction. However, people with DWI offenses on their criminal records can face societal limitations on their basic living needs, such as obtaining employment and credit. This is the first in a two-part series on the extended consequences of a DWI conviction. This first part focuses on how a DWI conviction can hurt your ability to obtain or keep a job.

Retaining Employment

Your first employment concern if you are convicted on a DWI charge is whether you can keep your job. Texas is an at-will employment state, meaning that many employers do not need a reason to terminate an employee. For employees protected by contracts, there may be language in the contract that allows an employee to be terminated if he or she is convicted of certain crimes. If your conviction results in significant prison time, you are highly unlikely to keep your job. If you avoid prison time, there are several factors that may determine whether your employer retains you, including:

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 Posted on May 29, 2018 in DWI / DUI

Police officers have a responsibility to behave professionally and respect the rights of a person they suspect of committing a crime, such as driving while intoxicated. Police misconduct during an arrest can force prosecutors to dismiss criminal charges or a court to find in favor of the defendant. Dashboard and body cameras are meant to keep police officers accountable by recording visual and audio evidence of what happened during the arrest. However, those investigating alleged police misconduct can also use video evidence to disprove a false claim. For instance, video footage seems to debunk a Texas woman’s allegation that a police officer sexually assaulted her during her DWI arrest.

Allegations

A police officer stopped a 37-year-old Texas woman in May for a traffic violation, which led to her arrest on suspicion of DWI. The woman’s family reportedly contacted a civil rights attorney because the woman claimed that the arresting officer sexually assaulted her and threatened violence. The accusations included that:

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 Posted on May 09, 2018 in DWI / DUI

A 64-year-old woman in Canada was recently arrested for refusing to submit to a breath test after a police officer stopped her for suspicion of driving while intoxicated. Police suspended the woman’s driver’s license for 90 days and impounded her vehicle. However, the woman claims that she did not refuse the test but was unable to complete it due to a chronic lung disease. The woman has a condition called chronic obstructive pulmonary disease, which restricts her breathing ability. When the woman could not sustain her breath long enough to give a sample, the officer assumed that she was purposefully not complying. Drivers suspected of DWI should inform officers of health conditions that may affect the outcome of a sobriety test.

Breath Test Accuracy

Breath and blood tests are the most common ways for police officers to determine whether a DWI suspect has a blood alcohol concentration greater than the legal limit. Officers commonly use breath tests first because they are cheaper and easier to administer. However, they are also less accurate than blood tests because:

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 Posted on April 25, 2018 in DWI / DUI

Senior citizens are generally at greater risk of traffic accidents and violations than an average adult driver. Their driving skills can diminish with age because their physical reactions are slower and their vision and hearing are weaker. Seniors who choose to drink and drive will also see an increased danger of being stopped by police and arrested for driving while intoxicated. Though it is a difficult adjustment, seniors must understand that alcohol will have a more pronounced effect on their driving skills than when they were younger.

Processing Alcohol

Social drinkers often anticipate their level of driving impairment by the number and types of alcoholic drinks they consume. They learn what their own limits are, though it is not an exact science. However, senior citizens should not expect the drinking habits they formed at a younger age to affect their driving skills in the same way:

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 Posted on April 10, 2018 in DWI / DUI

Police officers know the times when and places where people are most likely to commit a driving while intoxicated offense. Thus, police cars are often parked near bars and entertainment venues late at night, looking for drivers who show signs of impairment. This may seem unfair if you are one of the unfortunate people pulled over. Some defendants wonder whether this form of targeting qualifies as entrapment. However, it is rare to be able to prove that a police officer is guilty of entrapment in a DWI case. Claiming that the officer did not have reasonable suspicion to pull you over is a more successful defensive strategy.

Entrapment

The legal definition of entrapment is when a police officer induces a defendant to commit a criminal offense which the defendant would not have otherwise committed. An officer watching for drunk drivers near a place where people have been drinking does not qualify as entrapment because the officer is not inducing the driver to:

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