Recent Blog Posts
How Ignition Interlock Devices Work in Texas
Since 2015, Texas law has required many people convicted of driving while intoxicated to use ignition interlock devices on their vehicles as a condition of restoring their driving privileges. The new program is meant to reduce incidents of intoxicated driving by previous offenders and provide some first-time offenders an alternative to a suspended driver’s license. Mothers Against Drunk Driving, an organization that advocated for the law, claims that the number of drunk driving deaths in Texas have decreased by 8.5 percent since the law was passed. Because of the newness of the law, it is difficult to find a comprehensive source clearly explaining the ignition interlock device program. Here are the answers to some basic questions.
What Is It?
Texas Considers Easing Up on Marijuana Laws
As several states have eased up on punishments for marijuana possession and expanded its legal use, Texas lawmakers are proposing changes to its marijuana laws that could decrease the number of criminal drug charges. Texas is known for having strict marijuana laws:
- Possessing any amount of marijuana weighing 2 oz. or less is a Class B misdemeanor, which can result in up to 180 days in prison and a $2,000 fine.
- Texas passed a 2015 law that gives medical patients access to use low-THC cannabis, but physicians can only prescribe it to patients diagnosed with intractable epilepsy.
Lawmakers have presented more than a dozen marijuana-related bills in the Texas legislature, but two are getting the most attention. They are a long way from being voted on and will face opposition from conservatives in the legislature. However, advocates for marijuana law reform hope the bills will at least continue the conversation towards eventual changes.
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?
Shedding Light on the Dangers of Driving While Taking Medications
Founded 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
It is reported that nearly one-half of Americans are prescribed one or more prescriptions per 30 day period while 31 percent are prescribed two or more with 11 percent reporting three or more daily prescriptions per 30 day period.
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.
Deep in the Heart of Texas: Farther Up the Road With an Open Container of Alcohol Can Cause You Heartache
The 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.
Front Line Defense with Mothers Against Drunk Driving® - How Everyone Can Aid in the Campaign
Mothers Against Driving® or MADD, the nation’s largest non-profit organization dedicated to protecting families from those choosing to drive while under the influence of alcohol or drugs, at last count posted 600 official chapters across the United States, Texas included.
Currently in the great state of Texas alone, MADD® currently covers each navigational region as offices can be found in such Texas cities as
- Austin,
- El Paso,
- Houston,
- Irvine,
- San Antonio, and
- Tyler.
Following the death of a founding member’s daughter due to an alcohol-related crash on September 5, 1980, MADD has been promoting their message of no more victims and has recently published viable information for the public to become involved in their campaign.
San Antonio DWI Arrests Down By 25% - Are Uber and Lyft Ride-Share Programs Responsible?
One dark and snowy night in Paris, 2008, Travis Kalanick and Garrett Camp were frustrated and troubled when trying to hail a cab. Thinking there had to be a better way, their solution would revolutionize how we get from Point A to Point B with just a few clicks on our smartphones. Uber was born.
By downloading the Uber app, we now can rely seemingly on technology to solve
our logistical needs. Need a ride, have a package to deliver or without worry, plan a night out on the town without a possible arrest looming for driving while under the influence (DWI)? With one quick tap of an app, a low-cost car is on its way.
Great ideas beget competition and in 2012, Lyft, another private transportation startup, also launched a mobile app and now operates in 65 countries and the United States and continues to expand its horizons. Uber is doing the same.
Just How Safe Are Our Children? Chattanooga School Bus Crash Under Investigation
A Chattanooga, Tennessee man has been arrested and charged with multiple counts of reckless endangerment and reckless driving resulting in the deaths of five elementary school children. Additionally, two dozen children were transported to local hospitals to assess injuries.
First responders worked for hours to free the children from the twisted wreckage while parents anxiously looked on.
The probable cause, speeding. It has been reported that the bus was excessively accelerating, lost control around a bend and nearly ripped in two as it hit a tree.
Chattanooga Police Chief Fred Fletcher described the scene as “every public safety professional’s worst nightmare”. No doubt there will be additional testing for possible driving under the influence of alcohol or illegal substances.
Subsequent DUI/DWI Can Lead to Serious Consequences
In the state of Texas, even a first DUI/DWI can result in heavy penalties, including the loss of a license, jail time, fines, and an annual fee to retain your license once it can be reinstated. What happens, though, when a first mistake turns into a second or third? What are the consequences for those who are caught driving intoxicated years later, or beyond a third time? The following outlines the laws in Texas for subsequent DWI convictions.
Second and Third DUI Convictions
Texas has an indefinite “lookback” period, meaning your DUIs and DWIs are never truly forgotten by the justice system. Every conviction counts against you, regardless of how much time has lapsed. So, even if your last conviction was 20 years ago, and you were recently arrested for an allegedly driving intoxicated, you are looking at charges for a second DWI.
If convicted, you could face up to a year in jail, a two-year suspension of your driver’s license, an annual fee to retain your license to retain your license once it can be reinstated, and a fine of up to $4,000. If your second conviction is within five years from your first, you must also have an interlock ignition device installed in your vehicle. This prevents you from operating your vehicle if you have been drinking.
