Is an Incorrectly Administered HGN Test Admissible as Evidence in a DWI Case?

January 20th, 2020 by Tad Nelson in Drunk Driving, DWI

In deciding whether or not to charge a person with DWI, Houston-area law enforcement officers will often rely on the results of a horizontal gaze nystagmus (HGN) test. This is where the officer displays a penlight in front of the driver’s eyes and asks the driver to follow said light as the officer moves it […]

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How Swerving in Traffic Can Lead to a DWI Conviction

November 14th, 2019 by Tad Nelson in Drunk Driving, DWI

A Houston police officer only needs “reasonable suspicion” of DWI to stop and pull you over for further investigation. One thing that can lead the officer to form such reasonable suspicion is observing other traffic violations. For example, if you are swerving in-and-out of different lanes while driving, that could form a legal basis for […]

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How Excessive Noise Can Lead to a DWI Charge

October 17th, 2019 by Tad Nelson in Drunk Driving, DWI

Most DWI arrests in Texas begin with an unrelated traffic stop. Assuming the officer has formed a “reasonable suspicion” that the driver has broken some law, any evidence later discovered of drunk driving is potentially admissible in court. Loud Car Stereo Created “Reasonable Suspicion” for Officers to Initiate Traffic Stop This includes something as seemingly […]

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How a Prior Drunk Driving Conviction Can Affect a Subsequent DWI Trial

January 16th, 2019 by Tad Nelson in Drunk Driving, DWI

Texas DWI laws provide for a number of sentencing “enhancements” based on the circumstances of a particular case. For example, if you have a prior DWI conviction and are arrested for drunk driving a second time, the new charge can be bumped up from a Class B to a Class A misdemeanor. This is more […]

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How Does an HGN Test Affect My Chances of a DWI Conviction?

September 19th, 2018 by Tad Nelson in Drunk Driving, DWI

If a law enforcement officer suspects you of drunk driving, you will likely be subjected to a number of tests. In addition to the well-known Breathalyzer, the officer will also likely administer one or more field sobriety tests, including the horizontal gaze nystagmus (HGN) test. This is where the officer waves a small object in […]

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Can I Be Arrested for Failing to Drive with My Headlights on at Night?

September 10th, 2018 by Tad Nelson in Drunk Driving, DWI, Traffic Offenses

When you’re traveling on Houston-area highways and public streets, you need to be mindful not only of the rules of the road, but that your vehicle complies with all applicable equipment regulations. For example, when driving at night you need to keep your headlights on “when light is insufficient or atmospheric conditions are unfavorable so […]

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Can a Police Officer Question Me About Drunk Driving on a Drive-Thru Line?

August 17th, 2018 by Tad Nelson in Drunk Driving, DWI

Many Houston-area residents are still confused about their legal rights when confronted by police on suspicion of DWI and drunk driving. From a constitutional standpoint, the police must advise you of your rights to remain silent and speak with counsel before interrogating you in a “custodial” setting, such as after you are placed under arrest. […]

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Should I Testify at My Own Drunk Driving Trial?

July 16th, 2018 by Tad Nelson in Drunk Driving

Most people know they have the “right to remain silent” when accused of a crime. This includes offenses like DWI and drunk driving. If a police officer asks if you have been drinking, you do not have to answer. Similarly, prosecutors cannot force you to answer such questions in court–and no judge or jury can […]

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Man Arrested for DWI While Sleeping in a Parking Lot

June 21st, 2018 by Tad Nelson in Drunk Driving, DWI

One man was arrested on a recent Tuesday night after drinking alcohol at a restaurant at the Lake Sumter Landing. A Sonny’s BBQ employee contacted the police after the man left the restaurant intoxicated. The Texas man was found asleep in his white Toyota truck in the restaurant’s parking lot. Although the truck wasn’t running, […]

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What Is “Reasonable Suspicion” to Stop Me for DWI?

January 10th, 2018 by Tad Nelson in Drunk Driving, DWI

A Houston-area law enforcement officer is only allowed to detain a driver for drunk driving when there is a “reasonable suspicion” to justify such a stop. This is admittedly a lower standard than “beyond a reasonable doubt,” which is the burden of proof prosecutors must meet at trial. Even applying the lower standard, an officer […]

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