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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When Can I Get a Texas DWI Arrest Expunged from My Record?

August 17th, 2021 by Tad Nelson in DWI, Expungement, Misdemeanor Crimes, Traffic Offenses

Even when a drunk driving arrest does not lead to a criminal DWI conviction, there is still a public record. This means that if someone conducts a background check on you for any reason, the record of your DWI arrest will come up. There is, however, a way to prevent such a scenario, and that […]

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What Happens if I Refuse a Breathalyzer in Texas?

July 16th, 2021 by Tad Nelson in Drunk Driving, DWI, Reckless Driving

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 […]

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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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Challenging a DWI Blood Test

December 11th, 2020 by Tad Nelson in DWI

Those who are arrested for and charged with driving while under the influence of drugs or alcohol in Texas can only be convicted if a prosecutor has enough evidence to prove guilt. In some cases, this may take the form of a police officer’s testimony about a driver’s behavior, the results of a roadside breath […]

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