When clients call our law firm to discuss intoxication offenses, they often use the words DUI and DWI interchangeably. However, these two offenses are not the same thing in Texas. A DUI is reserved solely for people under the age of 21, while a person of any age can be charged DWI as long as […]
Administrative License Revocation (ALR) Hearing When you are stopped for suspicion of a DWI, your initial thoughts go to the criminal case, but license consequences can be devastating. An ALR hearing (or the Administrative License Revocation Hearing) is the process by which a license can be saved from suspension after an arrest for driving while […]
DWI Second Offense | DWI Misdemeanor Repetition in Texas While a second DWI is a misdemeanor offense, a conviction for this offense carries with it significant direct and collateral consequences. One troubling aspect of a DWI-Second, also called DWI Misdemeanor Repetition, is that if you are convicted of a second DWI, you are going to […]
The Court of Criminal Appeals handed down State v. Martinez, answering whether the State’s testing of blood previously drawn by hospital personnel for medical purposes constitutes a search under the Fourth Amendment. In facts similar to those in State v. Martinez, in 1991 the Court of Criminal Appeals handed down the plurality opinion in State v. Comeaux that the […]
Let’s face it. When it comes to DWI, there are a lot of myths, misconceptions, half-truths, and exaggerations. Because it’s such a common charge, everyone seems to have a DWI story – or knows someone who does. This has contributed to the spread of a lot of inaccurate information over the years. So how do […]
Can You Get a DWI in an Autonomous or Self-Driving Vehicle? It was bound to happen. Last year, the owner of a self-driving vehicle claimed he was not driving while intoxicated (or under the influence) because the car was driving itself. The California Highway Patrol in San Francisco reported finding an individual passed out behind […]
Proper DWI Jury Instructions The Court of Criminal Appeals handed down its decision in Burnett v. State today holding that trial courts must tailor the definition of “intoxication” in DWI jury instructions to the facts raised in trial. The intoxication facts in Burnett were as follows. The accused was involved in an accident, he […]
Can You Be Stopped Based on an Anonymous 911 Call? In order for an officer to stop your vehicle and temporarily detain you, they must have at least reasonable suspicion a crime was, is, or will soon be occurring. Evidence for reasonable suspicion is generally gathered through an officer’s first-hand observation of your activity. […]
