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The BAT Van Controversy Continues

It seems like almost every day there is a new twist to the BAT Van fiasco What is perhaps the most troubling about the controversy is the lack of transparency with which the DA's office has handled this matter Last Friday's Houston Chronicle featured a very well-written article which cut to the heart of the issue Judging by the chain of events involving allegations that police and prosecutors used flawed...

What are my odds of beating my Texas DUI or DWI case?

Many people charged with DWI or DUI in Texas are understandably very anxious about their pending case It is not surprising that a person charged with a Texas DUI or DWI will want to ask his or her lawyer how likely it is that the case will be dismissed, or resolved favorably Unfortunately, at least at an initial consultation, a criminal defense attorney can usually not answer that This is because the lawyer...

A Push For Moderation in Our DWI Laws? Food For Thought From Mississippi

A very interesting, well-written editorial from Mississippi highlights our national over-zealousness regarding DWI enforcement As the author states, "Driving While Intoxicated has become Driving Under the Influence" as a result of the intense lobbying of MADD, and the financial incentive police agencies have to make DWI arrests The Mississippi highway PATROL has kicked off its annual campaign against...

What to Expect from a Texas DUI or DWI Case – A Brief Overview

If you are arrested for DWI or DUI in Houston or anywhere in Texas, you may be unsure of what to expect This is common Criminal defense lawyers know that more than for other offenses, people charged with DUI or DWI are new to the criminal justice system Criminal cases, including DWI or DUI cases, typically end in one of three ways: dismissal, trial, or by some sort of plea agreement with the State Many...

The Walk and Turn Test in DWI and DUI Investigations

If you are stopped and investigated for DWI or DUI in Houston or anywhere in Texas, most law enforcement officers will attempt to administer Standardized Field Sobriety Tests (SFSTs) as a part of their investigation Criminal defense attorneys with experience in DUI or DWI cases know that these tests consist of the horizontal gaze nystagmus test ("HGN"), the one-leg stand, and the walk-and-turn  Although police...

Attacking Drug Possession Cases

Have you been accused of drug possession or drug delivery You are not alone There are over 100,000 drug arrests every year in Texas, with many arrests occurring in Houston The penalties for drug possession or drug delivery can range from minor to severe Cases may be filed in state or federal court But regardless of the type of case, size of case or where it is filed, there are several legal principles that...

What should you do if you are investigated for DWI in Texas?

As Houston criminal defense attorneys with extensive experience in DWI or DUI cases, many people ask us what is the best way to stay out of trouble if you find yourself the target of a DWI or DUI investigation in Texas Of course, the smartest approach is to not drink and drive at all Choose a designated driver Get a cab Walk Of course, it is not illegal to drink and drive Any criminal defense lawyer with...

Understanding the “Phases” of a DWI or DUI Investigation – The Police’s Perspective

If you were arrested for DWI or DUI in Houston or anywhere in Texas, an experienced criminal defense attorney should work to challenge each phase of the police's investigation In DWI and DUI investigations, police officers follow guidelines set out by the National Highway Transportation  Safety Administration ("NHTSA") These guidelines cover DWI detection and the administration of Standardized Field Sobriety...

Texas “Extreme” DWI Law Now in Effect

Criminal defense lawyers in Houston and all over Texas have been bracing for the new "Extreme" DWI law, which took effect last Thursday  That law doubles the penalties for first-time DWI offenders who have a blood alcohol concentration of 015 or higher Up until now, the maximum penalty for most first time DWIs was 180 days in jail, a $2000 fine, or both Now, drivers charged with “Extreme DWI” will face up...

Choosing to Refuse on a “No Refusal” Weekend

As with most major holiday weekends (and more and more non-holiday weekends), Labor Day Weekend will be a "No-Refusal" weekend for DWI investigations in Houston, and in many other places in Texas Additionally, State and local law enforcement agencies will have additional patrols and checkpoints in Houston and all over Texas to beef up DWI enforcement There seems to be some confusion as to what "No-Refusal"...