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 […]

In a Texas DWI case, prosecutors may seek an “enhanced” sentence against a defendant under certain circumstances. For example, if the defendant has a prior criminal conviction, that could lead to additional jail time if they are subsequently convicted of drunk driving. But such an enhancement is only justified when there is evidence presented related […]

In deciding whether or not to charge a person with DWI, Houston-area law enforcement officers will often rely on the results of a horizontal gaze nystagmus (HGN) test. This is where the officer displays a penlight in front of the driver’s eyes and asks the driver to follow said light as the officer moves it […]

In Texas, a first-time drunk driving offense is typically prosecuted as a Class B misdemeanor under Section 49.04 of the Texas Penal Code. Normally, a Class B misdemeanor refers to a crime that is punishable by either a fine of no more than $2,000, a jail term of not more than 180 days, or both. […]

A Houston police officer only needs “reasonable suspicion” of DWI to stop and pull you over for further investigation. One thing that can lead the officer to form such reasonable suspicion is observing other traffic violations. For example, if you are swerving in-and-out of different lanes while driving, that could form a legal basis for […]

Most DWI arrests in Texas begin with an unrelated traffic stop. Assuming the officer has formed a “reasonable suspicion” that the driver has broken some law, any evidence later discovered of drunk driving is potentially admissible in court. Loud Car Stereo Created “Reasonable Suspicion” for Officers to Initiate Traffic Stop This includes something as seemingly […]

In Texas, a police officer does need definitive proof of drunk driving before initiating a traffic stop that ultimately leads to a DWI arrest. The law only requires “reasonable suspicion” that the defendant is possibly engaged in some sort of criminal activity. In other words, if the officer can articulate specific facts that led him […]

When you are arrested for drunk driving in Texas, you face not only potential criminal prosecution but also the administrative suspension of your driver’s license. The Texas Department of Public Safety (DPS) oversees the latter. If the DPS notifies you of a suspension, you do have the right to a hearing before an administrative law […]

Most DWI arrests occur when a police officer stops a motorist and orders them to pull over to the side of the road. But what if a drunk driving suspect returns home before the officer has a chance to initiate a stop? Can the officer proceed to make an arrest at the suspect’s home without […]

Under Texas law, a person is legally intoxicated when they do not have “the normal use of mental or physical faculties by reason of the introduction of alcohol” into their body. There are a number of ways a prosecutor can prove intoxication based on this definition in a DWI case. One such method is presenting […]