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Any holiday, no matter how major or minor, is a risky time to be on the road. Police tend to be out in full force for Holiday DWI arrests. In fact, many holidays in Texas are called "no refusal weekends" to try and scare drivers. However, "no refusal weekends" are a lie. You always have the right to refuse and force the police to get a warrant to draw blood.…

ALR Update Here is an important ALR Update: Recently, the State Office of Administrative Hearings (SOAH) has moved to using eFile for ALRs. Before then, SOAH handled everything by fax. This move to eFile has caused some issues for both DPS and ALR Lawyers. Recently, DPS has sent Amended Notices of Hearing to our clients rather than to our office. The Amended Notice of Hearing is the letter that provides…

Occasionally, police make DWI arrests for people driving a golf cart. However, whether a golf cart satisfies the requirements for a DWI is a strange question. DWI requires 1) operating, 2) a motor vehicle, 3) in a public place. Driving a golf cart would count as operation. However, is a golf cart a "motor vehicle" for purposes of a DWI? Also, what is a "public place" in relation to golf…

The law is very unethical when it comes to Aggravated Assault when mixed with DWI. Intoxication Assault There is a specific crime, called "Intoxication Assault," that combines assault with DWI and is a 2nd degree felony. Intoxication Assault requires serious bodily injury (SBI), which generally means broken bones, amputations, and other injuries that one might consider serious. A simple accident involving some cuts and bruises is not enough for Intoxication…

Be Careful! Heavy winds and DWI or BWI are often related. Heavy winds and DWI sometimes go together because heavy winds can have a large effect on a person's ability to drive. A common reason for a DWI stop is "swerving," but there are many potential reasons for that aside from intoxication. Heavy wind is one of those potential reasons. This can often be more true for Commercial Truck Drivers.…

1. What? Why are police arresting me for a DWI in Texas even though I only take my prescription? The State often prosecutes cases when medications in a person's blood are in therapeutic range. Why? A state toxicologist, without any reference to a person's medication history (tolerance) will rely on the police report! This is not science. Mimi has won DWI in Texas cases on this. 2. What? Why are…

Convictions involving assaults, specifically family violence, carry a heavier price than many other convictions. Among the most important price is eligibility for parole early. The Texas Department of Criminal Justice has a "severity" chart that emphasizes offenses involving assault, even those you may not first think would count. For example, TDCJ considers Online Solicitation of a Minor an "assault" offense even though that offense does not involve physical contact. While…

In many ways, Texas DWI is the same for both adults and minors. In other ways, a Texas DWI license suspensions for minors can be more favorable. DWI vs. DUI: What is the Difference? One thing to keep in mind, though, is that a DUI and a DWI are not the same. A DUI occurs when a minor has any detectable amount of alcohol in their system while driving, but…

DWI Lawyer Straight Talk The following questions are normal questions that most everyone thinks about when it comes to hiring a DWI lawyer or a criminal defense lawyer. Granted, not everyone is intoxicated but for those who are, this is a very embarrassing experience. Even when it comes to other types of offenses, it is natural to feel shame. I hope the following will help you. I am afraid that…

The DWI Eye Test is very misleading. The reliance of the DWI Eye Test is now past a "common misconception" and has now become a major lie. Many officers and prosecutors claim that HGN is the "best DWI test" for finding out if a person is DWI. They claim that anyone who has HGN is unsafe to drive and try to put the test on a pedestal. However, the DWI…