Recent Blog Posts
DWI Evidence Suppressed Because of Unwarranted Stop
Texas police must have reason to believe someone may be driving while intoxicated or breaking the law before performing a DWI traffic stop. Minor traffic violations or erratic driving are often enough justification to pull over a driver, after which a police officer may observe signs that the driver is intoxicated. However, police officers can have an overly broad interpretation of what qualifies as suspicious driving activity. A Texas man charged with misdemeanor DWI was able to suppress the evidence from his DWI stop because the officer could not prove that there was reasonable suspicion that the driver was committing a crime.
Case Details
In Texas v. Bernard, an officer performed an early morning traffic stop of the defendant, claiming that she had observed him swerving into multiple lanes and wanted to check on his well being. There was video footage from the police vehicle of the entire incident, from the point that the officer started observing the driver through the traffic stop. The video and the officer’s own testimony suggested that the driver did not commit any violations or behave in a dangerous manner:
Safe Driving Tips After Your First DWI
When you have regained your driving privileges after a charge of driving while intoxicated, you must reassess your driving habits that led to the initial arrest. Most DWI arrests occur because drivers commit traffic violations or are involved in accidents. Once a police officer suspects you may be impaired, you are at risk of being charged with DWI. Avoiding drinking and driving is the most important step you can take to prevent a DWI arrest. However, there are other driving tips that will keep you safe and help you avoid police attention.
Being Aware of Impairment
There are conditions other than intoxication that can impair your driving skills. You may be sick, emotionally upset or experiencing an adverse side effect from a medication. However, the most common driving impairment is drowsiness. Whether due to lack of sleep or overworking yourself, being tired slows down the mental responsiveness you need to be a safe driver. Police can also confuse the symptoms of drowsiness with the symptoms of intoxication. To avoid impaired driving, you should:
BAC Results May Not Prove Innocence in DWI Arrest
Texas drivers should be familiar with the number 0.08. That is the blood alcohol concentration level at which someone is considered legally intoxicated. A breath or blood test result of 0.08 or higher will lead to an arrest and charge of driving while intoxicated. However, having a BAC that is less than the legal limit does not preclude a driver from a DWI charge. Texas police officers have the discretion to decide that a driver was legally impaired by an intoxicating substance, even if medical records do not prove it.
Legal Definition
The Texas Penal Code states that police officers can identify intoxication in one of two circumstances:
- The driver does not have normal use of his or her mental or physical faculties due to the presence of alcohol or another intoxicating substance; or
Country Star Travis Unable to Stop DWI Video from Becoming Public
A federal court recently denied country music singer Randy Travis’ request to prevent the release of a dashboard camera video from his 2012 arrest for driving while intoxicated. The video shows a disoriented and naked Travis ranting to police officers, which Travis claims may have been the result of mixing alcohol with prescription medication. Travis plead guilty to DWI, but he asked the Texas Attorney General’s office to withhold the video because of its embarrassing nature. The Texas Attorney General’s office ruled that it would allow an edited version of the video to be released. Travis filed a lawsuit to prevent the video’s release, but Texas district and appellate courts both ruled against him. The Texas Supreme Court refused to hear the case, which led to the federal lawsuit. The issue shows how the public’s right to information can be at odds with a defendant’s privacy.
Why Female DWI Arrests Have Increased
When it comes to arrests for driving while intoxicated, men far outpace women. According to a Texas Department of Public Safety report, 48,332 men were arrested in 2016 for DWI, as opposed to 13,384 women. Annual arrest totals for each gender have decreased by an almost identical percentage since 2012. Looking further back at DWI statistics showed a different trend between genders. Since 1999:
- The number of male DWI arrests in Texas has decreased by 40 percent; and
- The number of female DWI arrests in Texas has increased by 12 percent.
To be fair, the lowest male arrest total for one year since 1999 is still more than twice as much as the highest female arrest total. Because of the lower number of female arrests, small fluctuations will appear as higher percentage changes. However, the data correlates with an even longer trend of female DWI arrests increasing from previous generations. There are several societal changes that may explain the increase:
Can You Be Charged with DWI While Riding a Horse?
A woman in Florida was recently charged with driving under the influence of alcohol for riding her horse near a busy highway while allegedly intoxicated. Such stories gain public attention because they are unusual. They also bring into question what qualifies as a DUI, or Texas’ preferred term of driving while intoxicated. For instance, Texas police arrested two men in 2011 for riding a horse and mule down a street while legally intoxicated. They were initially charged with DWI, but the charge was later reduced to public intoxication. Texas law is ambiguous regarding how to charge people who are using non-motorized transportation while intoxicated.
Riding While Intoxicated
Texas law clearly defines DWI incidents as involving motorized vehicles, which may include cars, trucks, motorcycles, motor boats and aircrafts. However, there are other means of transportation that do not involve motors, such as:
Consequences of an Underage DUI in Texas
The public considers the terms “driving while intoxicated” and “driving under the influence” to be synonymous. DWI and DUI are both charges of drunken driving, and each state has a preferred term. However, Texas uses both terms to classify different types of drinking and driving criminal charges. Anyone who has a blood alcohol concentration of 0.08 or greater while operating a motor vehicle will receive the more familiar charge of DWI. DUI applies to cases involving people who are younger than 21.
Underage Drinking and Driving
Texas has a zero-tolerance policy towards drivers who are younger than 21 and have been drinking. Any traceable of amount of alcohol in their systems can result in DUI charges, regardless of whether they were impaired. An underage drinker can still be charged with DWI if his or her BAC is 0.08 or greater. Whether the charge is a DUI or DWI, the underage drinker may also face related charges, such as:
Marijuana Testing Misleading After DWI Stops
The charge of driving while intoxicated in Texas includes drivers who are impaired by the use of marijuana. A person convicted of driving while high will face:
- Three to 180 days in prison and a fine of as much as $2,000 for the first offense;
- 30 days to one year in prison and a fine of as much as $4,000 for the second offense; and
- Two to 10 years in prison and a fine of as much as $10,000 for the third offense.
Texas law enforcement is identifying an increasing number of drivers who test positive for marijuana. However, the protocols for determining a DWI on marijuana are less refined than for a DWI on alcohol. This can lead to erroneous charges, which a skilled lawyer can contest.
Social Media Is Evidence in DWI Cases
The proliferation of social media outlets such as Facebook and Twitter has created a culture of oversharing personal information. Incredulously, this includes people posting incriminating information about themselves that either leads to their arrest or is used as evidence in a trial. In cases of driving while intoxicated, some suspects share details about traffic incidents and their drinking habits before they have been arrested. A court may view these posts as admissions of guilt. If you are involved in a suspected DWI incident, you must be silent on social media in order to protect yourself.
Public Forum
If you are pulled over by a police officer, you should know not to brag about how much you’ve had to drink or how your intoxication may have affected your driving ability. People are essentially doing just that when they post information about their DWI incident to social media. Many users forget how social media actually works:
Child Passenger Makes DWI Offense a Felony
There are several aggravating factors in driving while intoxicated cases that can lead to harsher penalties if convicted. Child endangerment is one of the most serious factors because it involves your responsibility to protect the children in your vehicle. A DWI charge that is normally a misdemeanor becomes a felony when children are involved. Beyond criminal ramifications, your fitness as a parent will come into question. DWI with a child passenger is a serious offense that can disrupt your family if not successfully contested.
Arrest Standards
A passenger qualifies as a child in a DWI case if he or she is younger than 15. A child only needs to be present in the vehicle during your suspected DWI incident in order for a DWI with child passenger charge to be filed. If the child was injured during the incident, that may result in a separate charge of intoxication assault with serious bodily injury. When a child is involved in a DWI incident, Texas law states that the officer must take a blood or breath test to determine your blood alcohol content. DWI lawyers advise that you refuse the test because of the incriminating evidence it can provide. However, refusing the test may result in additional charges. An officer can legally compel you to submit to a test only if he or she first produces a warrant. A warrantless test is unconstitutional in most cases, and the result from the test may be dismissed in court.
