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What Getting an Underage DUI in Houston Means

If you are driving in the state of Texas and are under the age of 21, an officer who pulls you over and even so much as smells alcohol on your breath can charge you with underage DUI Because it is against the law to drink under the age of 21, the state of Texas has zero tolerance for underage drinking and driving Texas laws state that any minor who has "any detectable amount of alcohol in his/her system" while...

How to Deal with an Out of State DWI in Houston

Taking a vacation and traveling out of state can be a wonderful adventure But if something unexpected and difficult happens, like being arrested and charged with a DWI, you need all the help you can get from experienced DWI lawyers in your home state of Texas Here at Scheiner Law Group, we can usually find you a lawyer outside of Texas to assist you in a DWI, DUI, OWI or OUI case We are a team of experienced...

Texas DWI Cheat Sheet

Houston is the fourth-largest city in the United States There’s a near-limitless list of things to do in the metro area – and that includes bars, clubs and other drinking establishments If you’re enjoying a night out on the town, it’s helpful to know the answer to the question: “How much is too much” Of course, it’s always a good idea to have a designated driver on hand But sometimes you’re the...

Can you film the police? Know your rights!

Let's say you and your friends are out one night and things take a turn for the bad A police officer starts hassling you or someone in your group Or maybe you just see an angry cop about to get violent with a person in the street Are you allowed to just pull out your phone and start video recording Can the officer force you to stop recording as happened last week in Harris County In most cases, you do have a...

How to Avoid Getting a DWI During the Holidays in Houston

The holidays are a wonderful time to celebrate with our family and friends, but all of the festivities can come to a screeching halt when it comes to drinking and driving With so many people travelling on the roads to and from holiday parties, the risk of drunk driving accidents dramatically increases More than 17,000 people die and roughly a half million are injured every year as a result of...

New Fifth Circuit Court of Appeals Case Upholds Cell Phone Tracking

It's often said that we live in an era of unprecedented technological advances In no area is this more apparent than in the field of telecommunications What a person can now do with say, an iPhone was simply unimaginable even just a few years ago The latest buzz is that Apple may soon introduce a feature in its iPhone that will allow users to unlock their phones and conduct transactions with just a fingerprint...

Supreme Court Rules Police Can Take Arrested Person’s DNA Without Warrant

Alert: Supreme Court Ruling May Affect Your Privacy Rights  The United States Supreme Court ruled this week that police can take DNA from any person arrested for a "serious" crime -- and they don't need a warrant to do it! In a controversial 5-4 decision, the Supreme Court ruled in Maryland v King that taking an arrestee's DNA was akin to taking fingerprints or booking photos Conservative Justice...

Is there a biological basis to crime?

Recent advances in science may change the way we look at criminals and the underlying reasons for their behavior Specifically, advances in neurology and brain scanning have revealed that because of brain function and chemistry, some people are far more likely to engage in criminal behavior While researchers agree that there is still a strong social and environmental cause for criminal behavior, they argue that...

Mandatory Blood Draws Limited in Texas Due to New Supreme Court of the United States Case

A new United States Supreme Court ruling has probably rendered some Texas DWI laws unconstitutional and will have a big impact on the way DWI investigations are conducted in many cases That case, Missouri v McNeely, involved a DWI suspect who refused to provide a blood test Blood was obtained anyway, and the police did not obtain a warrant prior to doing so, relying on the "exigent circumstances" exception to...

Miranda Warnings for Boston Marathon Bombing Suspect (And All of Us)

Not long after Boston Marathon bombing suspect Dzhokhar Tsarnaev was taken into custody, the federal government announced it would not give the suspect "Miranda Warnings" before interrogating him Withholding Miranda Warnings from a criminal suspect is a clear mistake The so-called "public safety exception" to Miranda is rare, and it doesn't apply to the case of the suspected Boston Marathon bomber First a...