Criminal Defense Attorneys Blog

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 While that may sound good, it has been replaced by a Texas DWI "superfine".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…

The police did not read my rights at the scene! Can they dismiss the case?! The answer is a confusing "yes and no". The Miranda warnings are somewhat popular due to inclusion in many television police dramas. What many may not know is that there is no specific language for the warnings. However, the warnings must, using whatever language convey 4 basic warnings: The right to remain silent; That anything…