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DWI

215 published works

  1. Austin DWI Lawyer

    DWI with Child Passenger – Questions and Answers

    By Jamie Spencer

    My boyfriend was recently charged with DWI with a Child Passenger in Midland, TX. When he was pulled over, he performed several field sobriety tests and submitted to a breath…

  2. Austin DWI Lawyer

    “Minimum Term of Confinement” for First Offense DWI in Texas

    By Jamie Spencer

    Texas Penal Code § 49.04 DWI carries a special penalty provision, which on its face seems to carry a higher penalty than normal for a Class B Misdemeanor: …an offense…

  3. Austin DWI Lawyer

    The Sleep Driving DWI Defense: Intent vs. Voluntariness

    By Jamie Spencer

    In my last post, “Ambien, Sleep Driving and DWI,” I commented on the FDA’s push to label various sleep medications with warnings about the potential dangers of “sleep driving”. I also…

  4. Austin DWI Lawyer

    Ambien, Sleeping Pills, and DWI

    By Jamie Spencer

    The Food and Drug Administration announced today that it was requesting drug companies to include new warnings on some sleeping pill bottles about “complex sleep-related behaviors, which may include sleep-driving.…

  5. Austin DWI Lawyer

    Is refusing the breath test “consciousness of guilt” in a DWI?

    By Jamie Spencer

    In Texas, the answer is a pretty clear “no” (although the prosecutors will argue that it is). I’ve written before on the legal theory called “consciousness of guilt”, and in…

  6. Austin DWI Lawyer

    Asking to consult a lawyer is a breath test refusal

    By Jamie Spencer

    One of the especially confusing things that happens during the course of a DWI arrest in Texas comes up at the point the defendant must decide whether or not to…

  7. Austin DWI Lawyer

    Cost of a DWI conviction in Texas

    By Jamie Spencer

    How much does it cost to be convicted of DWI in Texas? As usual, the answer here varies but let me take a crack at it anyway… First we’ll assume this…

  8. Austin DWI Lawyer

    DWI and possession of marijuana questions (and some answers)

    By Jamie Spencer

    I live in Austin, but was pulled over for speeding in Hunt County, Texas. I had had a couple of drinks and submitted a breath sample and came up with…

  9. Austin DWI Lawyer

    DWI Blog Review

    By Jamie Spencer

    Jon Katz posts about the junk science aspects of the standardized Field Sobriety Tests. Tests able to detect the presence of alcohol, but not the level of alcohol, such as the…

  10. Austin DWI Lawyer

    No Deferred Adjudication for DWI in Texas

    By Jamie Spencer

    The Texas statute covering deferred adjudication probation allows a defendant to plead no contest (or even guilty) to certain charges and be placed on a type of probation that, if…