Will a Court Dismiss a DWI Case if the Arresting Officer Admits They Lacked Probable Cause?

September 16th, 2021 by Tad Nelson in Drunk Driving, DWI, Understanding Texas Law

Normally, a police officer must have “probable cause” to arrest someone on suspicion of DWI or drunk driving. If the officer does not have probable cause, then the arrest is illegal. But can a judge determine probable cause existed even if the arresting officer later admits in court that he did not? This may seem […]

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When Can I Get a Texas DWI Arrest Expunged from My Record?

August 17th, 2021 by Tad Nelson in DWI, Expungement, Misdemeanor Crimes, Traffic Offenses

Even when a drunk driving arrest does not lead to a criminal DWI conviction, there is still a public record. This means that if someone conducts a background check on you for any reason, the record of your DWI arrest will come up. There is, however, a way to prevent such a scenario, and that […]

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What Happens if I Refuse a Breathalyzer in Texas?

July 16th, 2021 by Tad Nelson in Drunk Driving, DWI, Reckless Driving

Texas severely punishes those who violate laws on driving while intoxicated (DWI), and some would argue that the penalties for a conviction are even harsher than other states. If your blood alcohol concentration (BAC) is above the legal limit of .08 percent, a first-time offense is a Class B Misdemeanor. You face up to 180 […]

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Driving Under the Influence of Marijuana

February 12th, 2021 by Tad Nelson in DWI

Most people know that driving while under the influence of alcohol is illegal in all 50 states. Many are unaware, however, that in Texas, drivers can be charged with DWI even if they haven’t ingested any alcohol, but are under the influence of marijuana. These types of charges tend to be more complicated than those […]

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Underage Drinking and Driving Laws in Texas

January 18th, 2021 by Tad Nelson in DWI

In Texas, motorists who are accused of driving with a Blood Alcohol Concentration (BAC) of .08 percent or more could face charges of Driving While Intoxicated (DWI). If, however, a driver turns out to be under the age of 21 years old, he or she will likely be charged with Driving Under the Influence of […]

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Challenging a DWI Blood Test

December 11th, 2020 by Tad Nelson in DWI

Those who are arrested for and charged with driving while under the influence of drugs or alcohol in Texas can only be convicted if a prosecutor has enough evidence to prove guilt. In some cases, this may take the form of a police officer’s testimony about a driver’s behavior, the results of a roadside breath […]

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Sealing Your DWI Record in Texas

November 12th, 2020 by Tad Nelson in Drunk Driving, DWI

In 2017, Texas lawmakers enacted a new statute that allows first time DWI offenders who satisfy certain conditions, to seal their criminal records by obtaining what is referred to as an Order of Nondisclosure. To learn more about sealing your own criminal record, including whether you could qualify for an Order of Nondisclosure, please reach […]

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Who Is Allowed to Conduct a Blood Draw in a DWI Case?

October 14th, 2020 by Tad Nelson in DWI

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 […]

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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, […]

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How Can a Decision Not to Testify Affect the Outcome of My DWI Case?

August 14th, 2020 by Tad Nelson in DWI

In any criminal trial, the defendant has a constitutional right not to testify. The jury is not allowed to infer a defendant’s guilt based on such a refusal to testify. However, this also means that the defendant waives their right to personally rebut or contradict any testimony offered by other witnesses, which in turn can […]

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