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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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, […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

Can the Police Detain Me on Suspicion of DWI Based on an Anonymous Tip?

March 19th, 2020 by Tad Nelson in Drunk Driving, DWI

Misdemeanor DWI arrests in Texas often begin with a traffic stop. A police officer must first have “reasonable suspicion” that a traffic violation has occurred to initiate such a stop. This is a lower standard than either the “probable cause” required for arrest or the “beyond a reasonable doubt” necessary for a criminal conviction. Put […]

Read More →