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 […]
Who Is Allowed to Conduct a Blood Draw in a DWI Case?
October 14th, 2020 by Tad Nelson in DWI
Can an Off-Duty Officer Working a Second Job Detain Me on Suspicion of DWI?
September 15th, 2020 by Tad Nelson in 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 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, […]
Appeals Court Refuses to Reverse DWI Conviction of Austin Man Who “Unequivocally” Decided to Represent Himself
July 17th, 2020 by Tad Nelson in DWI
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 […]
The “Community Caretaking” Exception and Drunk Driving Cases
June 15th, 2020 by Tad Nelson in DWI
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 […]
Does an Illegible Signature On a Warrant Invalidate the Results of a DWI Blood Test?
May 14th, 2020 by Tad Nelson in DWI
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 […]
Can I Be Tried a Second Time for DWI If the First Trial Ended in a Mistrial?
April 15th, 2020 by Tad Nelson in DWI
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 […]
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 […]
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. […]
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 […]
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 […]