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 […]

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 […]

When a police officer has probable cause to believe that drunk driving has occurred, the officer may ask the suspect to consent to a blood-alcohol test. If the suspect denies their consent, a judge or magistrate must issue a search warrant before the test can proceed. Once a blood test is authorized, Texas law states […]

Although most DWI arrests come from traffic stops, the truth is that anytime a police officer observes–or is informed of–possible evidence of drunk driving, you may be subject to questioning and arrest. That is why you always must remember you have the right to remain silent and not answer any questions posed by an officer, […]

A DWI charge is not a parking ticket. It is not something that you should try to contest yourself without the assistance of experienced counsel. While you do have a constitutional right to represent yourself in any criminal matter, that does not make it a good idea, especially since the potential penalties can be quite […]

Normally, a police officer requires “probable cause” to initiate a traffic stop or investigate a person suspected of DWI. But an officer may also engage in what is known as a “community caretaking” function. Basically, if the officer believes someone needs help, the officer can stop and offer assistance. And if the officer then happens […]

If a police officer suspects you of drunk driving, they can ask you for consent to perform a blood test. Should you refuse–as is your constitutional right–the officer must then obtain a search warrant before proceeding any further. Texas law requires the warrant to be signed by a magistrate “in clearly legible handwriting or in […]

The United States Constitution states that no person may be “subject for the same offense to be twice put in jeopardy of life or limb.” In plain terms, this “double jeopardy” clause means you cannot be tried by the state twice for the same crime. So if you are acquitted by a jury of an […]

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 […]

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. […]