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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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 […]

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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 […]

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