Close to 90,000 DWI charges were reported in Texas in 2021, up from 83,000 in 2020. A person is deemed legally intoxicated in the state when their blood alcohol concentration is 0.08% or higher, though they are breaking the law as soon as alcohol or drugs affect their ability to drive. The specific penalties for a DWI vary depending […]
Category Archives: Field Sobriety Tests
In a DWI matter, after an officer stops and questions you, one of the next things they may do is ask you to step out of the vehicle for a pre-arrest screening. During this phase of the DWI investigation, the officer is trying to establish probable cause to arrest you for driving while intoxicated. Probable cause means […]
Police officers rely heavily on breath test results to charge drivers for driving while intoxicated. If you are pulled over and asked to participate in this test, you may be wondering if you have the right to refuse. Let’s go over implied consent in Texas and your rights when stopped by police. Implied Consent Every […]
Field sobriety tests are commonly used by police to determine if a driver is intoxicated. However, there are many concerns about the validity of these tests. Common Types of Field Sobriety Tests A standard field sobriety test consists of three separate tests: The One-Leg Stand Test: The subject is asked to stand in front of the officer and […]
The only thing worse than getting arrested for Driving While Intoxicated is getting arrested for it again. If you are pulled over for a traffic violation, the police officer smells alcohol on you, and you don’t do a perfect job on the field sobriety tests, it’s very likely you will be arrested for Driving While Intoxicated. And, […]
In Texas, blood drawn after a DWI arrest must be done in a “sanitary place.” Often blood is drawn in a room at the jail. Is a jail a sanitary place during this COVID-19 crisis when we know how long the virus can survive on surfaces? CONTACT US! What about a breath test? Breath tests […]
DUI arrests are an unfortunate, but very real, fact of life. And although there is quite a stigma attached to those who are arrested for driving under the influence of alcohol or drugs, the truth is that it can happen to anyone who drinks. For this reason, it’s very important to educate yourself on what to do […]
Defense attorneys point out breath test flaws NEWARK — Would you trust a machine that is banned in other states for unreliability to test your blood-alcohol content? The state of Ohio does. In 2011, Licking County law enforcement agencies started using the Intoxilyzer 8000, a breath-alcohol testing machine manufactured by CMI Inc. in Owensburg, Ky., Newark Law […]