Topic
DWI
215 published works
Austin DWI Lawyer
DWI with Child Passenger – Questions and Answers
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…
Austin DWI Lawyer
“Minimum Term of Confinement” for First Offense DWI in Texas
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…
Austin DWI Lawyer
The Sleep Driving DWI Defense: Intent vs. Voluntariness
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…
Austin DWI Lawyer
Ambien, Sleeping Pills, and DWI
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.…
Austin DWI Lawyer
Is refusing the breath test “consciousness of guilt” in a DWI?
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…
Austin DWI Lawyer
Asking to consult a lawyer is a breath test refusal
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…
Austin DWI Lawyer
Cost of a DWI conviction in Texas
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…
Austin DWI Lawyer
DWI and possession of marijuana questions (and some answers)
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…
Austin DWI Lawyer
DWI Blog Review
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…
Austin DWI Lawyer
No Deferred Adjudication for DWI in Texas
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…