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DWI Offender Wins Appeal Against State of TexasA 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

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The Need for Chemical Roadside Tests to Catch Up with America’s Opiate Epidemic 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?

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Shedding Light on the Dangers of Driving While Taking MedicationsFounded 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

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Exploring the New Non-disclosure Law Requirements in Texas 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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Deep in the Heart of Texas: Farther Up the Road With an Open Container of Alcohol Can Cause You HeartacheThe 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.

As yet another beer can cracks open your attention quickly diverts to the Texas State Police cruiser behind you and in an instant, the lights begin signaling you to pull over. No worries you think as you remember that your passenger tail light has burnt out and you have yet to repair it. Perhaps a warning and perhaps even a bit of authoritative praise for your journey of good will toward you intoxicated friend.

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Guadalupe County

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