Is “Necessity” a Possible Defense to a DWI Charge?

October 19th, 2021 by Tad Nelson in Drunk Driving, DWI

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 […]

Read More →

Do Police Have to Initiate a Traffic Stop Before Making a DWI Arrest?

September 29th, 2021 by Tad Nelson in Criminal Defense, DWI, Understanding Texas Law

Many DWI arrests start out as a traffic stop. This means that a police officer first needs “reasonable suspicion” to initiate the traffic stop. If the stop itself was baseless, then any evidence of drunk driving subsequently obtained during the stop is inadmissible in court. That said, not all drunk driving arrests require a traffic […]

Read More →