Can I Get My DWI Charges Reduced With A Houston DWI Attorney?

June 2nd, 2022 by Tad Nelson in DWI

If you are facing DWI or drunk driving charges in Texas, we know that you are probably dealing with many different fears and trying to think through your options and how dwi criminal defense lawyers could help. One question our criminal defense attorney at our law firm often hears from people who have been arrested […]

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Is “Necessity” a Possible Defense to a DWI Charge?

October 19th, 2021 by Tad Nelson in Drunk Driving, DWI

Drunk driving is considered a “strict liability” offense in Texas. This means that your mental state is generally irrelevant. The prosecution does not need to prove that you intended to drive drunk. The state only needs to prove (a) that you were legally intoxicated and (b) you were operating a motor vehicle. Court of Criminal […]

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Do Police Have to Initiate a Traffic Stop Before Making a DWI Arrest?

September 29th, 2021 by Tad Nelson in Criminal Defense, DWI, Understanding Texas Law

Many DWI arrests start out as a traffic stop. This means that a police officer first needs “reasonable suspicion” to initiate the traffic stop. If the stop itself was baseless, then any evidence of drunk driving subsequently obtained during the stop is inadmissible in court. That said, not all drunk driving arrests require a traffic […]

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Will a Court Dismiss a DWI Case if the Arresting Officer Admits They Lacked Probable Cause?

September 16th, 2021 by Tad Nelson in Drunk Driving, DWI, Understanding Texas Law

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 […]

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When Is It Legal to Drive on the Shoulder in Texas?

September 9th, 2021 by Tad Nelson in DWI, Traffic Offenses, Understanding Texas Law

Have you ever become frustrated with the flow of traffic and decided to try and “ride the shoulder” of the road? In most cases, this is a traffic violation. The Texas Transportation Code specifies only seven cases where driving on an “improved shoulder” to the right of the main road is legal: To stop, stand, […]

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Chain of Custody Violations in Your DWI Case

April 14th, 2021 by Tad Nelson in DWI

In Texas, when physical evidence is collected at the scene of an alleged crime, that evidence must be marked, stored, transported, and collected in a certain way. Law enforcement officers, for instance, must be able to demonstrate that any evidence they collected wasn’t corrupted, mixed-up, or lost and was accounted for during collection, transportation, and […]

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Can I be Arrested for Having an Open Container of Alcohol in My Vehicle?

March 24th, 2021 by Tad Nelson in DWI

While just being cited for having an open container of alcohol in one’s vehicle doesn’t usually lead to an arrest, it is possible for those who find themselves in this position to also be charged with other criminal offenses, such as DWI. In these cases, drivers could be placed under arrest and booked, with both […]

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Felony DWI Charges

March 16th, 2021 by Tad Nelson in DWI

If you were arrested for Driving While Intoxicated (DWI) in Texas, you will most likely be charged with a misdemeanor. There are, however, circumstances that can cause a person’s DWI charges to be enhanced to a felony, which come with much more severe penalties. Felony DWI charges typically require a different approach when it comes […]

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Driving Under the Influence of Marijuana

February 12th, 2021 by Tad Nelson in DWI

Most people know that driving while under the influence of alcohol is illegal in all 50 states. Many are unaware, however, that in Texas, drivers can be charged with DWI even if they haven’t ingested any alcohol, but are under the influence of marijuana. These types of charges tend to be more complicated than those […]

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Underage Drinking and Driving Laws in Texas

January 18th, 2021 by Tad Nelson in DWI

In Texas, motorists who are accused of driving with a Blood Alcohol Concentration (BAC) of .08 percent or more could face charges of Driving While Intoxicated (DWI). If, however, a driver turns out to be under the age of 21 years old, he or she will likely be charged with Driving Under the Influence of […]

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