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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"...

Driving “Cues” in DWI Investigations

Criminal defense lawyers in Houston and everywhere understand that DWI investigations usually begin before a person is pulled over Officers who have been certified to administer Standardized Field Sobriety Tests ("SFSTs"), are trained to look for driving behaviors thought to be consistent with alcohol intoxication In its training materials, the National Highway Traffic Safety Administration ("NHTSA") claims...

Understanding the Horizontal Gaze Nystagmus Test in Texas DWI Investigations

If you are pulled over for on suspicion of DWI, DUI or any alcohol related offense in Houston, Texas or anywhere, it is likely that you were subjected to sobriety tests known as Standardized Field Sobriety Tests ("SFSTs") A good criminal defense attorney will be familiar with the three SFSTs  employed by law enforcement in DUI or DWI investigations - the horizontal gaze nystagmus test (known and "HGN" or...

False Accusations in Sexual Assault Cases

In Texas and elsewhere, criminal defense lawyers understand that sexually-related offenses, like sexual assault or possession of child pornography, carry some of the most severe penalties in the penal system Additionally, in Texas, these offenses usually require mandatory sex offender registration which can do immeasurable damage to a person's reputation  That is why it is important to talk to a criminal...

What Justification Do The Police Need to Stop Your Vehicle?

A police officer is required to have reasonable suspicion of unlawful conduct in order to stop a driver (this is a lower standard than the probable cause needed for an arrest) Grounds for reasonable suspicion can vary, although reasonable suspicion is usually made in reference to a criminal or traffic statute Your Houston DWI lawyer can analyze your case and determine whether law enforcement had an adequate...

Lo Que Usted Debe Saber De Un Cargo De Assault-Family Violence

El delito de asalto contra un miembro de la familia (assault-family violence) puede incluir actos violentos contra un miembro de la familia, un habitante de la misma casa, o una persona con quien se mantiene una relación romántica  Los castigos pueden ser severos Pero a veces, los cargos pueden ser desestimados Casos de asalto contra un miembro de la familia pueden ser defendidos en muchas maneras Lo...

The Problem With “No Refusal” Weekends

As this blog reported last week, over the Fourth of July Weekend, the Department of Public Safety in Texas made over 1400 arrests for DWI statewide (that number does not include arrests for DWI made by local agencies) Fourth of July was a “no refusal” weekend, so undoubtedly, a large percentage of those arrested had their blood drawn after refusing a breath test As criminal defense attorneys know, “no...

Voluntary encounters, temporary detentions, and arrests

Contacts between citizens and law enforcement generally fall into one of three categories: 1) voluntary encounters, 2) temporary detentions; and, 3) arrests Whether you have been approached on suspicion of DWI, DUI, a drug charge, or some other criminal offense, your criminal defense attorney will want to investigate the nature of your encounter with the police to see if the police acted appropriately As the...

Harris County Pre-Trial Intervention Program Featured in Houston Chronicle

If you are arrested for DWI, or DUI in Houston, Harris County, Texas, you may be eligible for a new program run by the Harris County District Attorney's Office known as PTI or Pre-Trial Intervention The program is unique in Texas and offers first-time offenders a dismissal of their case in exchange for undergoing a probation-like period This week, the Houston Chronicle reported that approximately 1,800...