In Texas, when physical evidence is collected at the scene of an alleged crime, that evidence must be marked, stored, transported, and collected in a certain way. Law enforcement officers, for instance, must be able to demonstrate that any evidence they collected wasn’t corrupted, mixed-up, or lost and was accounted for during collection, transportation, and […]

While just being cited for having an open container of alcohol in one’s vehicle doesn’t usually lead to an arrest, it is possible for those who find themselves in this position to also be charged with other criminal offenses, such as DWI. In these cases, drivers could be placed under arrest and booked, with both […]

If you were arrested for Driving While Intoxicated (DWI) in Texas, you will most likely be charged with a misdemeanor. There are, however, circumstances that can cause a person’s DWI charges to be enhanced to a felony, which come with much more severe penalties. Felony DWI charges typically require a different approach when it comes […]

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 […]

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, […]

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 […]

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 […]