Posted on December 29, 2020 in DWI

Drunk driving is a safety issue that affects everyone who travels the roadways. Because alcohol or drug use can make it difficult or impossible to drive safely, police officers are always on the lookout for behavior that may indicate that a driver is intoxicated. Drivers who are pulled over by law enforcement on suspicion of driving while intoxicated (DWI) will likely be concerned about what they can do to protect their rights, and they should be sure to understand how to respond when asked to submit to any testing to determine whether they are impaired.

Texas’ Implied Consent Law

In the state of Texas, anyone who obtains a driver’s license is considered to have consented to have his or her blood alcohol content (BAC) tested if arrested on DWI charges. This is referred to as “implied consent,” and it means that drivers can face consequences if they refuse BAC testing after an arrest.

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 Posted on December 21, 2020 in Attorney Writ Bonds

Being arrested is never a pleasant experience, especially for those who are unfamiliar with the processes followed when they are taken into police custody, booked into a jail or detention facility, and formally charged with a crime. In these situations, individuals will want to get out of jail as quickly as they can so they can return to their normal life while determining how to defend against the charges they are facing. Unfortunately, this process can often take significant time as prosecutors determine what charges to file, and the accused waits for a hearing where a judge can set bail. However, an attorney writ bond will offer another option, allowing a person to get out of jail much more quickly while also ensuring that he or she can determine the defense strategy against criminal charges.

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 Posted on December 14, 2020 in DWI

It is well-known that drunk driving is against the law. Alcohol intoxication can make it difficult or impossible for a person to drive safely, and it can lead to dangerous car accidents in which people are injured or killed. Because of this, Texas drivers who operate a vehicle after drinking alcohol or using drugs can face serious criminal charges. Even a first-time DWI offense can lead to multiple penalties that can affect a person for years to come, and those who are facing these types of charges will want to work with a criminal defense attorney to determine the best defense strategy.

Criminal and Administrative Penalties for a First DWI Offense

Under the Texas Penal Code, a person may be charged with the offense of Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while they have a blood alcohol concentration (BAC) of .08 percent or more. A person may also be considered intoxicated if they have lost their normal physical or mental faculties because of the use of alcohol, controlled substances, prescription medications, or any combination of these substances.

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 Posted on December 07, 2020 in Drug Charges

Drug use is common in the United States, and there are a variety of drug charges that a person may face if police officers suspect that they have used illegal substances. In many cases, drug possession charges will apply if a person is found to have controlled substances on their person or in their home or vehicle. Those who are found in possession of large amounts of drugs or who are suspected of engaging in the sale of drugs to others may face more serious charges of drug delivery, distribution, or trafficking. However, drug charges may also apply in some situations where a person was not actually in possession of drugs, but instead possessed or sold items related to the use or delivery of illegal substances.

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 Posted on November 30, 2020 in Family Violence

Domestic violence is an ongoing concern for law enforcement officials, especially during the COVID-19 pandemic. Because of the increased stress that many people are feeling and the requirements to remain together in the same home without the chance to participate in normal activities, disagreements between family members may spiral out of control, leading to accusations of family violence. Other factors that may play a role in these cases include economic anxiety due to job loss or reductions in income, as well as increased rates of drug and alcohol abuse. While a single accusation of domestic assault can lead to consequences that may affect a person’s relationship with their children or other family members, repeated instances of alleged family violence can lead to even more serious criminal charges in Texas.

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 Posted on November 24, 2020 in DWI

As you prepare for Thanksgiving, it is important to be aware of the increased risk of being arrested on suspicion of drinking and driving. Holiday get-togethers often involve alcohol consumption, and because of this, police officers will be on the lookout for intoxicated drivers during the extended holiday weekends in November and December. Those who expect to consume alcohol will want to understand the steps they can take to avoid being arrested for driving while intoxicated (DWI) in Texas.

Operation CARE and No Refusal Weekends

The Texas Department of Public Safety (DPS) has stated that it will be increasing its enforcement efforts over the Thanksgiving weekend, lasting from Wednesday through Sunday. During this time, officers will be conducting more patrols than normal and looking specifically for drivers who are suspected of drunk driving, as well as other traffic violations, such as speeding and driving without a seat belt.

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 Posted on November 16, 2020 in DWI

Drunk driving is illegal, and a person can face criminal charges for driving while intoxicated (DWI) by alcohol or drugs. In many cases, DWI charges occur because of a lapse in judgment or because a person believed that it was safe to drive without realizing that he or she was above the legal limit for blood alcohol content (BAC). 

Being convicted of DWI in Texas can have a variety of serious consequences, including driver’s license suspension, thousands of dollars in fines, time in prison, probation, community service, participation in DWI education programs, and the requirement to use an ignition interlock device (IID). In many cases, a person will face DWI charges after being pulled over by a police officer, but unfortunately, some cases involve serious car wrecks that may result in the injury or death of others. In these cases, a person who is being charged with DWI should be sure to understand the charges that may apply and the potential penalties he or she could face.

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 Posted on November 10, 2020 in Criminal Defense

The term stalking may conjure up images of someone following another person, sending excessive emails, or constantly calling them on the phone. Similar to domestic abuse, stalking is a crime that is all about control and power. Stalking is broadly defined as “conduct directed at a specific person that involves repeated visual or physical proximity, non-consensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear.” According to the Centers for Disease Control and Prevention’s (CDC) National Intimate Partner and Sexual Violence Survey (NISVS),1 in 6 women and 1 in 19 men have been the victim of during their lifetime.

Common Stalking Behaviors or Actions

Under the Texas Penal Code, the offenses of harassment and stalking are very closely linked. Stalking can best be described as aggravated harassment. However, harassment charges can come after a single act. On the other hand, stalking charges may be filed against a person who repeatedly (on more than one occasion) engages in conduct that would constitute harassment or that causes another person to fear for his or her own safety or the safety of his or her loved ones. 

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 Posted on October 26, 2020 in Drug Charges

Over the last several years, the marijuana laws in many parts of the United States have changed significantly. Multiple states have legalized marijuana for either medicinal or recreational use. In some cases, states, counties, or cities have taken steps toward decriminalization by treating possession of small amounts of marijuana as a petty offense rather than a criminal charge. However, possession of marijuana is still a criminal offense in Texas.

As the legal use of marijuana has become more widespread, a wide variety of different cannabis products have been made available. In addition to the traditional methods of smoking marijuana, users may consume cannabis by using vape pens, edibles, or even lotions. Texas residents should be sure to understand how the state’s laws address these types of products, and a criminal defense lawyer can provide skilled legal representation for a person who is facing drug charges related to the possession of marijuana products.

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 Posted on October 21, 2020 in DWI

Like many other states, Texas takes the crime of drunk driving seriously. A DWI arrest or conviction can be difficult for anyone to overcome, but it is especially challenging for truck drivers and other holders of a commercial driver’s license (CDL) who rely on their driving privileges in order to make a living. If you are a commercial driver facing DWI charges, you need an experienced attorney who can provide the best possible defense so that you have a chance of avoiding criminal penalties that can impact your livelihood.

Additional Restrictions for CDL Drivers in Texas

Under Texas law, if the driver of a passenger vehicle is pulled over under suspicion of driving under the influence and registers a blood alcohol concentration (BAC) of more than 0.08 percent, he or she can be arrested and charged with DWI and face an Administrative License Revocation (ALR) for 90 days or more while awaiting trial. A driver who refuses to submit to a blood or breath test can be subject to an ALR for 180 days or more.

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