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There is nothing "voluntary" about shining a bright flashlight in a person's face. Nor is there anything "voluntary" about having an officer bombard them with question after question. Yet police, and district attorneys regularly claim that "voluntary encounters" occurred just because the officer never activated his overhead lights. On other occasions they claim "voluntary encounter" simply because a motorist rolled down his window when he saw the police approach his…

For certain categories of people (Veterans, first responders, alcoholics) some charges may fall into a special category that affords special options that are not normally available to most citizens accused of a DWI. There are definite benefits to these courts for some people. For example, a DWI court may treat a probationer much different than on normal probation. This can be good and bad depending on the factors. There are…

As of September 2019, the "surcharge" program by Texas DPS no longer exists. While that may sound good, it has been replaced by a Texas DWI "superfine". Put another way, the "surcharge" for DWI convictions still exists, while the "points" system for things like tickets is history. Let's take a quick look at what is new, and what is not (at least in terms of DWI). Surcharge v. Superfine Old…

Nobody wants to have their personal space invaded or their bodily integrity compromised. But police officers often order DWI blood tests from people during Driving While Intoxicated (DWI) investigations to determine that person's Blood Alcohol Concentration (BAC). BAC refers to the percent of alcohol in a person's bloodstream and is a factor when determining whether to file a DWI charge. Understanding blood draws in DWI cases can be confusing because…

Many people tend to use the terms DUI and DWI interchangeably. However, in Texas, the two can be quite different in practice. Texas DUI vs. Texas DWI DUI is the term usually used when the arrest involves a minor (someone below 21 years old). Meanwhile, DWI is the term used for the more severe charge. Here's the kicker, though: The police can still charge a minor with a full-on Texas…