Normally, a police officer must have “probable cause” to arrest someone on suspicion of DWI or drunk driving. If the officer does not have probable cause, then the arrest is illegal. But can a judge determine probable cause existed even if the arresting officer later admits in court that he did not? This may seem […]

Texas severely punishes those who violate laws on driving while intoxicated (DWI), and some would argue that the penalties for a conviction are even harsher than other states. If your blood alcohol concentration (BAC) is above the legal limit of .08 percent, a first-time offense is a Class B Misdemeanor. You face up to 180 […]

In 2017, Texas lawmakers enacted a new statute that allows first time DWI offenders who satisfy certain conditions, to seal their criminal records by obtaining what is referred to as an Order of Nondisclosure. To learn more about sealing your own criminal record, including whether you could qualify for an Order of Nondisclosure, please reach […]

Misdemeanor DWI arrests in Texas often begin with a traffic stop. A police officer must first have “reasonable suspicion” that a traffic violation has occurred to initiate such a stop. This is a lower standard than either the “probable cause” required for arrest or the “beyond a reasonable doubt” necessary for a criminal conviction. Put […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]