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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Do I Have to Go to Jail If I’m Convicted of a DWI in Texas?

December 12th, 2019 by Tad Nelson in 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 Code. Normally, a Class B misdemeanor refers to a crime that is punishable by either a fine of no more than $2,000, a jail term of not more than 180 days, or both. […]

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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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“Questionable Behavior” Can Lead to DWI Arrest in Texas

September 16th, 2019 by Tad Nelson in DWI

In Texas, a police officer does need definitive proof of drunk driving before initiating a traffic stop that ultimately leads to a DWI arrest. The law only requires “reasonable suspicion” that the defendant is possibly engaged in some sort of criminal activity. In other words, if the officer can articulate specific facts that led him […]

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Can You Challenge an Administrative Suspension of Your Driver’s License Following a DWI Arrest?

August 14th, 2019 by Tad Nelson in DWI

When you are arrested for drunk driving in Texas, you face not only potential criminal prosecution but also the administrative suspension of your driver’s license. The Texas Department of Public Safety (DPS) oversees the latter. If the DPS notifies you of a suspension, you do have the right to a hearing before an administrative law […]

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Do the Police Need a Warrant to Arrest Me for DWI If I’ve Returned to My House?

July 19th, 2019 by Tad Nelson in DWI

Most DWI arrests occur when a police officer stops a motorist and orders them to pull over to the side of the road. But what if a drunk driving suspect returns home before the officer has a chance to initiate a stop? Can the officer proceed to make an arrest at the suspect’s home without […]

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Is a Blood or Field Sobriety Test Necessary for a DWI Conviction in Texas?

June 14th, 2019 by Tad Nelson in DWI

Under Texas law, a person is legally intoxicated when they do not have “the normal use of mental or physical faculties by reason of the introduction of alcohol” into their body. There are a number of ways a prosecutor can prove intoxication based on this definition in a DWI case. One such method is presenting […]

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When Does a Houston Police Officer Have “Probable Cause” to Make a Drunk Driving Arrest?

May 15th, 2019 by Tad Nelson in DWI

DWI & drunk driving cases often begin with a traffic stop. In the process of citing a driver for a traffic violation, an officer may determine that there is “probable cause” to arrest and charge the driver with DWI. But can the officer arrest the driver based solely on the traffic violation and then conduct […]

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Can I Lose My Handgun License If I Plead Guilty to a DWI

April 16th, 2019 by Tad Nelson in DWI

If you have never been in trouble with the law before, a DWI charge might not seem like a big deal. After all, a first-time DWI is only a misdemeanor offense. But what you may not realize is that even a misdemeanor conviction can have serious consequences for your civil rights going forward. Houston Court […]

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