Driving while intoxicated, also known as a DWI, is a criminal offense that is relatively common in most areas of Texas and the greater United States. Few experiences can be more nerve-wracking than having a couple of drinks with your buddies after work, only to be pulled over by a police officer on your way home. If a police officer pulls you over for a suspected DWI, you may be asked to perform a few tests that will be used to determine whether you are impaired by alcohol or another substance. While it is true that these kinds of tests do not have 100 percent accuracy, they are usually accurate in the vast majority of cases. So, if you have been arrested and charged for a first-time DWI in Texas, it is essential to be aware of the penalties you may face if you are convicted.

It can be easy to feel like all hope is lost if you have been charged with DWI. However, it is important to understand that qualified legal representation can assist you in fighting the charges and working towards a reduced sentence or dropping the charges altogether. If you have been charged with DWI, contact an experienced DWI defense attorney who will work to ensure your rights are protected while also pursuing a favorable case outcome in your favor.

Failing or Refusing a Chemical Test

The first penalty for failing or refusing a chemical test for blood alcohol concentration (BAC) is an ALR, also known as an Administrative License Revocation. For example, if you submit to chemical testing and your BAC is above the legal limit of 0.08 percent, your license will be suspended for a period of 90 days. On the other hand, if you decide to decline a chemical test, you may face a license suspension of 180 days. Notably, getting your license suspended through an ALR is separate from any added penalties you may up against related to your first-offense DWI.

We can all imagine the scenario: you are driving down the road with a couple of buddies, and suddenly, you hear the distinct cracking of a can opening. You turn to your right, and what do you know, but your friend has cracked open a can of beer. At this moment, you are likely wondering, are you in any legal jeopardy for a passenger drinking from an open container, even if you have not been drinking? Well, it is essential to know that in Texas, a driver may be charged with a Class C misdemeanor because of the open container in your car, regardless of whether you have had a single sip from it.

If you have been charged with a Class C misdemeanor for driving with an open container present in your car, consider contacting an experienced criminal defense attorney, who will be prepared to ensure your rights remain protected and that an outcome in your favor can be pursued in your case. 

What to Know About Open Container Laws in Texas 

Simply put, there cannot be an open container of alcohol in the vicinity of the passenger area of a car. For example, if a can or bottle has been cracked open and has a broken seal or the contents of the alcoholic beverage have been partially removed, this constitutes having an open container. Furthermore, even if the car is not moving, you can still be charged with an open container violation. In a situation where you must transport already opened alcohol containers, the containers can be lawfully stored in a locked glove compartment within the vehicle or in the trunk. However, if you are traveling in a bus, taxi, or limousine, you are allowed to consume open containers of alcohol. Moreover, you can also enjoy alcoholic beverages in the living area of an RV or motorhome. 

There is nothing that can ruin your day quite like being pulled over for a traffic stop and then being taken into police custody. That may sound like a far-off scenario that rarely, if ever, happens, but you would be surprised. There are many ways a routine traffic stop can lead to you spending the night or longer behind bars. Remember that the reason you get arrested may have nothing to do with the reason you were initially pulled over in the first place. 

This blog will look at common reasons why traffic stops may escalate into an arrest. If something like this has happened to you, consider contacting a skilled criminal defense attorney who will fight to protect your rights and freedom. 

In What Situations Can a Traffic Stop Turn into An Arrest?

When an officer pulls someone over for a routine traffic stop, it is essential to avoid verbalizing anything that a police officer may find offensive, unusual, or incriminating. Police officers are often on alert to find a reason to suspect you of wrongdoing.

In Texas, sex crimes are taken exceptionally seriously and, as a result, are aggressively prosecuted to the fullest extent of the law. This is especially true for crimes such as aggravated sexual assault. Therefore, if you have been charged with aggravated sexual assault, you are in serious legal jeopardy. If you have found yourself in this unfortunate situation, contacting an experienced defense attorney is imperative if you want to keep your freedom and have a chance of avoiding prison. In this blog, we will delve deeper into what aggravated sexual assault is, what the penalties are, and what course of action you should consider taking to avoid being convicted.

What is Aggravated Sexual Assault? 

Under Texas law, aggravated sexual assault occurs when a person intentionally causes or threatens to cause harm to someone through means of a sexual attack. This sexual attack must include an aggravating factor. Several aggravating factors can escalate a charge of sexual assault to aggravated sexual assault.

Aggravating factors may include but are not limited to: 

In recent years, more and more people have become aware and taken issue with the high number of inmates currently serving time in the United States prison system. Of all 50 states, Texas has the highest number of inmates at 135,906. Advocates for civil liberties in the United States have taken significant exception to the fact that the U.S. has such a high number of incarcerated individuals. Many federal prisoners work hard while in prison to pay their debts back to society to obtain an early release or a sentence reduction from prison. The avenue of “compassionate release” may be available to particular federal prisoners.  

However, a compassionate release is not available to all federal inmates. Therefore, this blog will delve into the requirements for a prisoner to secure a compassionate release. Moreover, suppose you are interested in seeking a compassionate release. In that case, you must first consult with an experienced attorney who knows what the process entails and can ensure everything is done to give you a chance to obtain such a release. 

Information Regarding Compassionate Release

According to the Compassionate Release Program for federal prisoners, “extraordinary or compelling circumstances” that could not have been rationally expected are required for a prisoner to be eligible for a compassionate release. Furthermore, other situations where a compassionate release may be granted include: