Interstate Probation Complications for DWIs

So, you want to move to another state while on DWI probation? Did you get a DWI in Texas but live in another state? What are the complications? This is a very tricky and delicate matter. See the statutes below. The bottom line is, please be aware that under the Interstate Compact Act, you may not be able to fly back to your home state for a period of days or weeks after you finalize your case in Texas, until and unless the other state has formally accepted your probation (some judges are sticklers on this). The easiest way to handle... Continue reading →

Getting Alcohol or Drug Abuse Counseling?

 What you say is NOT confidential. A cornerstone of alcohol and drug abuse counseling and treatment is honesty. Alcoholics Anonymous (AA) has a healthy recovery percentage (around 5%, a little higher than average for the rehab industry), but the key to recovery is honesty. According to a 2014 Cornell Law Review article on privileged communications by Ari Diaconis, the possibility of recovery for those who attend AA but do not participate in discussions is virtually zero. The same applies not just for AA meetings, but any type or form of alcohol or drug rehab. In Absalon v. State, 460 S.W.3d, 158,... Continue reading →

Illegal Blood Draws

Beware of the EMT or Paramedic blood draw! Many blood draws are being done are illegal. Texas law says the following people can legally draw blood:   Texas Tn. Code § 724.017(a) and (c): (a) Only the following may take a blood specimen at the request or order of a peace officer under this chapter:        (1)  a physician;        (2)  a qualified technician;        (3)  a registered professional nurse;        (4) a licensed vocational nurse; or        (5) a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic... Continue reading →