Category Archives: DWI Defenses

A DWI arrest can have long-term consequences on your life. During an arrest, you should remain polite, cooperative, but invoke your right to remain silent and refuse all tests.

What is the Difference between DWI and DUI in Texas?

You’ve probably seen the terms DWI (driving while intoxicated) and DUI (driving under the influence) used somewhat interchangeably in news stories. But why do we have two terms for the crime of drunk driving in Texas? Do they really mean the same thing, or is one worse than the other? The difference, in Texas, is primarily a matter of age. If you are pulled over for drinking and driving and you are 21 or older,…
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Avoiding DWI During the New Year’s Season

It’s almost 2018, and New Year’s is one of the largest celebrations of the year. New hopes, new dreams, new resolutions – but as you prepare for the New Year, know that it is also one of the most dangerous holidays of the year. Alcohol flows like water on New Year’s and there will no doubt be a slew of Texans experiencing their first DWIs this year. We’re here to make sure you don’t –…
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Is There a Reliable Roadside Test for Marijuana Impairment?

There is no reliable roadside test to measure marijuana impairment. But police are trying to make one. Testing for THC In states like Colorado, there is a THC blood test that law enforcement uses to show “presumed” impairment. The test seeks delta-9-tetrahydrocannibol, also known as THC, in the blood. If a person has more than five nanograms of THC, under Colorado law a court or jury can infer that they are impaired. However, there is…
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Is a Slow Speed Pursuit Considered Evading Arrest in Texas?

Earlier this month, a slow-speed pursuit took place in Longview as a driver attempted to evade arrest. The incident began after a police officer allegedly observed the man driving a Ford truck slowly and across solid lines on the roadway. According to KLTV-TV, the officer tried to pull the driver over, but the driver allegedly refused to stop. From there, KLTV-TV reports that the driver began evading arrest, leading police on a 12-minute long chase….
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How a New System Expediting Blood Draw Warrants Changes Drunk Driving Stops

Per KXAN-TV, recently, Texas law enforcement began using a new system that expedites blood draw warrants for driving while intoxicated (DWI) stops. The system is still in the testing phase, but if the testing phase proves successful, this new system could drastically change drunk driving stops going forward. How Does Expediting Blood Draw Warrants Impact Drunk Driving Stops? KXAN-TV reported that Law Enforcement Advanced DWI/DUI Reporting System (LEADRS) representatives are training municipal court judges about…
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Texas DWI FAQ, Part 3: DWI Myths Busted

There are a lot of myths and misconceptions regarding DWI charges in Texas. For this week’s DWI FAQ blog, we will bust some of these myths. Myth: You must answer the police officer’s questions. Fact: This could not be further from the truth. You have a right to protection against self-incrimination and a right to remain silent. You are not legally required to speak to a police officer. In fact, it’s often best to keep…
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Intoxication Manslaughter in Texas – What Are My Options?

The worst outcome in a DWI accident is when someone involved dies. It’s a tragedy for all parties involved, and can result in a number of different charges. The big one is intoxication manslaughter. There’s no one-size-fits-all charge against drivers whose intoxication led to the death of another individual. We must look at the individual circumstances of each case to determine the best course of action for defense. Manslaughter in DWI Cases Any time a person…
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I Refused to Give a Blood Sample, But the Police Took One Anyway—Is That Legal?

If you are pulled over for a DWI in Texas, you may have an idea of how things should happen once you are asked to step out of the car. You should keep your answers minimal and refuse the field sobriety test, the breathalyzer test and the blood test. But, what happens if you can’t refuse? In Texas, there is an “implied consent” law. This means that according to Texas law, if you are arrested…
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Police Officers Caught on Video Fabricating Criminal Charges Against a Protester

Last month, a video went viral showing a Connecticut resident was protesting a DUI checkpoint because of his belief that it was an unconstitutional waste of taxpayer money. He was holding up signs just a few miles before the checkpoint, warning drivers police would stop them. Due to the growing suspicion of police, the protester brought a camera, just in case. The camera showed three officers, once of whom walked up to the protester and…
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Can I Get My DWI Dismissed?

In Dallas and throughout Texas, DWIs are taken very seriously.  The first thing I always do is to look over the police report to see how my client performs on the field sobriety tests and if the police officers instructions were in compliance with the standardized field sobriety test guide lines. Secondly, I view any other evidence such at any video to make sure the report is accurate.  It is amazing how many times I…
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