There are many types of evidence needed for a DWI conviction. To try to prove that you are guilty of driving while intoxicated (DWI), the prosecutor will likely present: The results of your blood or breath test The results of your field sobriety test Witness testimony Statements from the arresting police officer The Texas Department …
Any drug, whether illicit or over the counter, can result in a driving while intoxicated (DWI) charge. Naturally, these cases can get complicated for many reasons––and the details of your arrest will play a large role in your trial. That’s why, no matter what drug you allegedly had, you should consider partnering with a Houston …
Absolutely! Driving while under the influence of prescription drugs can result in a DWI (driving while intoxicated) or other related charges that may lead to steep fines, jail time, and other severe penalties. This is because, the police believe, even the legitimate use of certain medications can still impair a person’s ability to operate their …
Depending on the circumstances, a DWI conviction can prevent you from buying or even owning guns in the state of Texas. As long as you’re not currently facing a Class B or Class A misdemeanor charge (or a charge that may result in a one-year jail sentence), you can continue to purchase and own firearms. …
It is unusual for a passenger to be charged with driving while intoxicated (DWI) in Texas. According to state law, DWIs only occur when a person operates a motor vehicle while under the influence of and intoxicated because of drugs or alcohol. That said, the police are no strangers to making arrests when they are …
Many people think Texas’ DWI laws only apply to traditional motor vehicles like cars and boats. This simply isn’t true. Texas authorities can charge you with driving while intoxicated if you operate any vehicle impaired (including ATVs) on any public road. From a legal perspective, driving an ATV while intoxicated on a dirt road in …
Beating a DWI charge in Texas can be challenging, as the state has strict laws and penalties for driving while intoxicated. However, it is not impossible to successfully defend against a DWI charge, especially with the help of a Houston DWI lawyer like Attorney Jay Blass Cohen. If you’ve been arrested for DWI, please contact …
When the police pull you over on suspicion of DWI (driving while intoxicated), you must comply with taking a blood or breath alcohol test under Texas law. If you refuse to take or fail the test, a civil process known as the Administrative License Revocation (ALR) program could require the Department of Public Safety to …
It may come as a surprise, but yes, you can be arrested for driving while intoxicated (DWI) on private property in Texas. Texas Penal Code § 49.04 notes that you could be arrested for a DWI while driving a car in an area that’s private but accessible to the public. For instance, let’s say someone …
Texas has some of the highest rates of drunk driving fatalities in the country. To combat this problem, counties and cities throughout the state designate certain periods as “no refusal weekends.” During “no refusal weekends,” police can obtain expedited warrants to test the blood drivers suspected of DWI who refuse to submit to Breathalyzer testing …
The consequences of a DWI arrest or conviction can be severe for anyone who holds a medical license in Texas. In addition to the potential punishments of a conviction, the circumstances of your arrest could lead to the loss of your medical license. The Texas Medical Board (TMB) is the body that has oversight over …
You can have your driver’s license suspended simply for being arrested for driving while intoxicated (DWI). Every DWI arrest triggers an alert from the arresting agency to the Texas Department of Public Safety (TxDPS). Once it receives this alert, the TxDPS will automatically begin the process of suspending your license. In most cases, the suspension …
A Breathalyzer test is one piece of evidence in a DWI (driving while intoxicated) case. If you fail a Breathalyzer in Texas, you are not automatically guilty of a DWI. Nor does it mean you will automatically be found guilty if your case goes to trial. It is substantial evidence the state’s prosecutors will use …
A DWI arrest can lead to an administrative license revocation (ALR) hearing that could result in a temporary loss of your driver’s license. You could win an ALR hearing in Texas by having a criminal defense lawyer represent you. Their familiarity with state law can lead to a credible defense. They can also file your …
In many first-time DWI cases, if convicted, prosecutors or judges might agree to sentence you to probation instead of the harshest penalties that come with DWI convictions. This allows you to keep your freedom and continue living your life largely as it was before while paying your debt to society. However, if you violate the …
If you get a second DWI in Texas, the Texas Department of Transportation (TxDOT) notes that you could face fines, jail time, and the loss of your driver’s license for up to two years. Generally, the law considers second-time DWIs to be Class A misdemeanors. Yet, certain factors could elevate the charge to a felony. …
