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FAQs: Dwi - Page 3

What to Do After a Drunk Driving Accident What to Do After a Drunk Driving Accident If you believe you caused a car accident while you were drinking and driving, you will need to begin working with a...
DWI With Open Container Consequences DWI With Open Container Consequences If you are facing charges for driving while intoxicated (DWI) in Texas, you may already know that you can face substantial penalties...
What Must Texas Prove for DWI Assault? What Must Texas Prove for DWI Assault? Those who are involved in car accidents and who were drinking prior to their crash often face serious allegations of intoxication assault...
Open Container in a Vehicle: Can You Be Arrested? Open Container in a Vehicle: Can You Be Arrested? While just being cited for having an open container of alcohol in one’s vehicle doesn’t usually lead to an arrest, it is...
Can I Be Arrested for an Open Container? Can I Be Arrested for an Open Container? The short answer to this question is no. Drivers in Texas cannot be arrested merely for committing an open container violation. If,...
How Open Containers Affect DWI Charges How Open Containers Affect DWI Charges Having an open container of alcohol in one’s vehicle won’t significantly affect the severity of the penalties that a person faces if...
Can Passengers Face Open Container Charges? Can Passengers Face Open Container Charges? Motorists in Texas are prohibited from possessing an open container of alcohol, not only while driving but also while parked or stopped,...
How to Reinstate Your Driver’s License How to Reinstate Your Driver’s License Most traffic violations come with fines and the addition of points on a person’s driving record. However, in Texas, motorists who are...
Who Can Conduct a DWI Blood Draw? Who Can Conduct a DWI Blood Draw? When a police officer has probable cause to believe that drunk driving has occurred, the officer may ask the suspect to consent...
Can Police Get Blood Draw Consent at the Hospital? Can Police Get Blood Draw Consent at the Hospital? When you are injured in a car accident and receiving emergency medical treatment, that would not seem like the ideal time to...
Can an Off-Duty Officer Detain Me for DWI? Although most DWI arrests come from traffic stops, the truth is that anytime a police officer observes–or is informed of–possible evidence of...
Do Open Container Laws Apply in RVs? Do Open Container Laws Apply in RVs? Texas is one of the most popular states when it comes to purchases of motorhomes and recreational vehicles. Indeed, many Texans spend...
Does a Blood Warrant Cover Intoxication Testing? Does a Blood Warrant Cover Intoxication Testing? When police suspect that drunk driving played a role in a car accident, officers may seek a search warrant in order to...
How Not Testifying Can Affect a DWI Case In any criminal trial, the defendant has a constitutional right not to testify. The jury is not allowed to infer a defendant's...
Is DWI Excusable During an Emergency Room Trip? Is DWI Excusable During an Emergency Room Trip? Although we often refer to DWI as “drunk driving,” the reality is that alcohol does not have to play any part in...
COVID-19 and Texas Open Container Laws COVID-19 and Texas Open Container Laws The COVID-19 pandemic presents unprecedented challenges for the hospitality industry in Texas. Many restaurants are surviving on takeout and delivery business alone...
Can an Illegible Warrant Signature Void Blood Results? If a police officer suspects you of drunk driving, they can ask you for consent to perform a blood test. Should you...
How Long Can Police Detain DWI Suspects? How Long Can Police Detain DWI Suspects? DWI cases usually start with a routine traffic stop. But when a police officer suspects there may be more than just a...
Can You Face a Second DWI Trial After Mistrial? The United States Constitution states that no person may be “subject for the same offense to be twice put in jeopardy of...
Is Drinking and Driving Illegal Below the Limit? Is Drinking and Driving Illegal Below the Limit? Texas DWI laws and the legal limit of 0.08% BAC You are probably familiar with the legal limit of 0.08 percent in...
Can Anonymous Tips Support DWI Detention? Misdemeanor DWI arrests in Texas often begin with a traffic stop. A police officer must first have “reasonable suspicion” that a traffic...
Can Police Arrest Me for an Open Container? Can Police Arrest Me for an Open Container? Even if you are not driving while intoxicated, it is still against the law in Texas to have an open container of...
Must Police Read Rights After a DWI Accident? Must Police Read Rights After a DWI Accident? There is a common misconception that a police officer is always legally required to advise you of your constitutional rights before asking...
Is an Incorrect HGN Test Admissible? In deciding whether or not to charge a person with DWI, Houston-area law enforcement officers will often rely on the results of...
Evidence Needed for Open Container Violations Evidence Needed for Open Container Violations Most states have some form of open container law. In Texas, this refers to a specific statute that prohibits an individual from...
Who Can Take Blood After a Possible DWI? Who Can Take Blood After a Possible DWI? When police suspect drunk driving played a role in an auto accident, they may seek to force the defendant to submit a...
Do I Have to Go to Jail for a Texas DWI? In Texas, a first-time drunk driving offense is typically prosecuted as a Class B misdemeanor under Section 49.04 of the Texas Penal...
Open Container Violations in National Parks Open Container Violations in National Parks There are a number of national parks near Houston, including Big Thicket National Preserve, Padre Island National Seashore, and Big Bend National...
Can a Judge Force DWI Accident Testimony? Can a Judge Force DWI Accident Testimony? Drunk driving accidents can lead to serious criminal and civil consequences. And there are times when the intersection of civil and criminal...
How Excessive Noise Can Lead to DWI Charges Most DWI arrests in Texas begin with an unrelated traffic stop. Assuming the officer has formed a “reasonable suspicion” that the driver...