Recent Blog Posts

Lowering BAC Limit Would Increase Criminalization of Drivers

 Posted on February 10,2018 in DWI / DUI

Lowering BAC Limit Would Increase Criminalization of DriversA recent report released by the National Academies of Sciences, Engineering, and Medicine recommends that all states lower the blood alcohol concentration limit to 0.05 for charges of driving while intoxicated or driving under the influence of alcohol. The report states that:

  • Deterioration in driving skills starts before people reach the 0.08 BAC limit; and
  • Countries that use a 0.05 BAC limit have seen a decrease in vehicle accidents.

To be clear, there are no signs that Texas is considering lowering the legal limit. However, Utah became the first state to adopt a 0.05 BAC limit with a law it passed last year. The change is scheduled to go into effect on Dec. 30. Depending on the results, other states may pass similar laws. If the federal government supports the new BAC limit, it may offer incentives to states that comply. The goal of lowering the BAC limit is to increase driver safety. There are a couple of reasons why it may instead increase the criminalization of drivers:

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DWI Evidence Suppressed Because of Unwarranted Stop

 Posted on January 27,2018 in DWI / DUI

DWI Evidence Suppressed Because of Unwarranted StopTexas 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:

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Safe Driving Tips After Your First DWI

 Posted on January 11,2018 in DWI / DUI

Safe Driving Tips After Your First DWIWhen 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:

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BAC Results May Not Prove Innocence in DWI Arrest

 Posted on December 27,2017 in DWI / DUI

BAC Results May Not Prove Innocence in DWI ArrestTexas 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

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Country Star Travis Unable to Stop DWI Video from Becoming Public

 Posted on December 11,2017 in DWI / DUI

Country Star Travis Unable to Stop DWI Video from Becoming PublicA 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.

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Why Female DWI Arrests Have Increased

 Posted on November 27,2017 in DWI / DUI

Why Female DWI Arrests Have IncreasedWhen 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:

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Can You Be Charged with DWI While Riding a Horse?

 Posted on November 09,2017 in DWI / DUI

Can You Be Charged for 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:

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Consequences of an Underage DUI in Texas

 Posted on October 25,2017 in DWI / DUI

Consequences of an Underage DUI in TexasThe 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:

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Marijuana Testing Misleading After DWI Stops

 Posted on October 09,2017 in DWI / DUI

Marijuana Testing Misleading After DWI StopsThe 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.

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Social Media Is Evidence in DWI Cases

 Posted on September 19,2017 in DWI / DUI

Social Media is Evidence in DWI CasesThe 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:

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Bexar County

In the historic King William District

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San Antonio, Texas 78210
210-226-0965
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