Posted on December 12, 2020 in Uncategorized

According to KTSM, El Paso, Texas, police recently arrested a man for driving while intoxicated. The suspect was purportedly driving erratically before the police pulled him over; then, he abandoned his vehicle and led police on a foot chase. After he was caught, he allegedly had a breath alcohol concentration (BAC) of.202-almost two-and-a-half times the legal limit (.08). The police booked the suspect for a "3^rd or more" offense of "driving while intoxicated" (DWI) and evading arrest. Further, the man reportedly had previous convictions for DWIs and two outstanding warrants for other DWIs and evasions of arrest. From the perspective of a DWI Defense Specialist, it is extremely important to understand the facts at the root of each of these allegations, as well as the impact on potential penalties, in order to develop the strongest defense strategy.

The news report is unclear in terms of how many previous convictions the suspect had on his record. We also don't know what punishment the driver received for these convictions-if the driver had only been required to pay a fine or if he had served any jail time. If we were defense attorneys for the suspect, this is crucial information because, for those who have three or more DWI convictions, any subsequent DWI can be charged as a third-degree felony DWI, with a jail sentence of 2-10 years. Further, if the earlier convictions resulted in incarceration, then any later offense can be charged as a second-degree felony (with a sentence of up to 20 years). If it's a third DWI with two or more jail sentences, then it is an enhanced felony-with a possible sentence of 25 years-to-life.

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 Posted on December 12, 2020 in Uncategorized

Social media is part of our lives now. Whether we go out with friends or have a family party, we know that photos and videos will end up on Facebook, Instagram, TikTok, or Snapchat. Facebook is the new family photo album, and we've all gotten used to seeing our happy moments on the internet for all of our friends to see. While having a convenient record of fun events can be wonderful, social media also has a downside. What happens when moments you'd prefer to keep private end up online for the world to see, including the prosecutor on your DWI case and potential jurors?

I think we can all agree that getting arrested is one of the worst moments of your life. Even if you've done nothing wrong, it's humiliating and frightening. Having it happen in public or with many witnesses can be even more humbling. But what happens if people around you post what happened on social media channels? What if they post about an outing or event that happened before your DWI arrest? In another recent post, we discussed how you should avoid using social media after a DWI arrest. In this post, we'll discuss how to handle social media accounts and what other people post about you.

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 Posted on December 12, 2020 in Uncategorized

KBTX, a Bryan, Texas, station, recently reported that police had arrested an area resident for "driving while intoxicated" (DWI). According to the news report, the alleged offender crashed his vehicle into a semi-truck, and, shortly after contact, his own vehicle caught fire. Thankfully, no one was injured in the accident, but damage to the vehicles was, of course, substantial.

DWI cases are always serious, but they are much more of a concern when there is an accident.

A car accident may result in significantly increased penalties for a DWI charge. Typically, a first-offense DWI is a class B misdemeanor; however, prosecutors may increase the severity of the charges if an accident has occurred. In addition to DWI charges, you could also be charged with other related crimes, such as reckless damage or criminal mischief. The exact charges will depend on both the amount of the alcohol the driver consumed and the damage caused by the accident.

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 Posted on November 11, 2020 in Uncategorized

In the late hours of the evening in mid-September 2020, officers responded to an intoxicated driver complaint on Flower Mound Road. When they arrived, they found a severely damaged motor vehicle facing oncoming traffic. Officers discovered that both the driver and the passenger had fled the scene. The passenger was found behind a Wayfair store and arrested for alleged public intoxication. The driver was seen later by another officer but managed to flee into a heavily wooded area just south of Flower Mound Road. The police and the Texas Department of Public Safety tried to locate the suspect but were unsuccessful. Being charged with a DWI in Texas is a serious offense, but the seriousness increases several times over for a suspect that evades arrest or detention. Hiring an expert DWI attorney can help mitigate the severity of the crimes from the beginning.

What Happens if You Evade the Police When Stopped for a Texas DWI?

If caught, the suspect from the article above would be subject to both a DWI charge and a charge for evading arrest or detention. According to the Texas Penal Code, this offense is a Class A misdemeanor and is punishable by up to one year in county jail and fines up to $10,000. If you try to evade arrest while in a motor vehicle or have previously been convicted of another crime, these punishments increase significantly. If evasion becomes your first conviction and you were driving a car when it happened, the offense is considered a fourth-degree felony, which could result in 180 days to 2 years in jail and fines up to $10,000.

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 Posted on November 11, 2020 in Uncategorized

In the wee hours of the morning of October 17, 2020, police arrested Fort Worth City Council Member Cary Moon, alleging that the council member was driving while intoxicated (DWI). In a statement, Moon said, "Thank you to those who have offered support. At this time, we are not able to discuss details of the case. I will be responsible for my actions and own up to any personal or legal failures." Both the arrest and Moon's comment highlight interesting ways that a DWI could impact someone running for, or currently holding, public office. Let's discuss a couple of these issues.

DWI Impacts Professional Licensing

Many individuals who hold elected office do so on the basis of their professional accomplishments. However, DWIs can cost someone their professional license in a number of fields-such as accounting, real estate, and the practice of medicine. Furthermore, for fields based on practitioners' reputation for truth, such as the practice of law, a license can be pulled for issues of character, and DWI can be used in this context as well.

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 Posted on November 11, 2020 in Uncategorized

In October 2020, police arrested a 25-year-old man they allegedly found asleep at the wheel of a box truck stopped in an apartment complex's parking lot. The officers arrested the young man and charged him with a DWI and possession of marijuana and other controlled substances. After being processed into the Rowlett City Jail and placed into his cell, he was later found unresponsive by detention officers. They called Emergency Medical Services and administered CPR, but to no avail. The Texas Rangers are leading an investigation into the cause of death. While that remains unclear, it is important to note how traumatizing an arrest for a DWI can be. If you or someone you know has been charged with a DWI, hiring an attorney specializing in DWI defense is imperative. A DWI specialist focuses not only on your rights in court but also on mitigating the effects the DWI has on your physical and mental health.

DWI and Stress

The stress caused by a DWI charge can profoundly impact you– both emotionally and physically. You may have experienced incarceration for the first time in your life. Those charged with a DWI in Texas may find themselves suffering from migraines, bouts of depression, or uncontrolled anger. All of this is normal. You may be worried about your job, your family, or even your reputation. This stress only compounds as the hearings begin. There are important deadlines you must meet. If you inadvertently make an error, it may mean losing your driver's license permanently, missing even more work, and potentially not being able to provide for your family.

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 Posted on November 11, 2020 in Uncategorized

During the summer of 2020, officers arrested Republican state Senate candidate Vanessa Tijerina for allegedly driving while intoxicated with her children in the car. Police officers had responded to an alert that the GOP candidate was driving under the influence. They initiated a routine traffic stop and noticed a strong marijuana odor coming from the car. When asked about it, Tijerina rolled up the windows and locked the car doors. Officers repeatedly tried to speak to her through the windows and then resorted to trying to pry the doors open. When Tijerina finally decided to exit the vehicle, she was charged with possession of drug paraphernalia, interfering with public duty, and two charges of DWI with child passengers.

A DWI is a serious charge for anyone, and it can gravely interfere with your future plans. In the instance mentioned above, the Texas GOP refused to support Tijerina's state Senate candidacy. This loss may not be a surprise, but there are various ways a DWI arrest can derail your plans-guilty or not. Having a DWI expert attorney will ensure you can navigate this confusing terrain more easily.

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 Posted on November 11, 2020 in Uncategorized

On Sept 18, 2020, in the early hours of the morning, an 18-wheeler rig driving northbound on I-45 flew off an overpass . It was forced off the highway after a woman driving the wrong direction crashed head-on into the truck. Footage from the Downtown Aquarium captured the cab and the charcoal-carrying trailer as it fell over the bridge and landed in the Downtown Aquarium's restaurant parking lot. The 18-wheeler was destroyed by the fall.

According to officials, the 65-year old driver of the rig experienced cuts and bruises. He was also seen wearing a neck brace at the scene of the accident prior to being transported to the hospital.

Police reported that the driver of the wrong-way car, a 56-year-old woman, stated she was on the way to the bank and then to pick up her daughter. She is facing DWI charges and, according to the police, suffered a broken leg from the accident.

In order to clear the debris and investigate the accident, the freeway was closed for many hours. The accident and debris also impacted nearby feeder roads.

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 Posted on November 11, 2020 in Uncategorized

In College Station, Texas, driving while intoxicated (DWI) arrests have substantially decreased during the COVID-19 pandemic, as much as 25%. Police have theorized that the reduction-both arrests and DWI-related accidents-may be because there are fewer people in town at the moment. Is this a predictor of a lower rate of DWIs for other areas of Texas, including Houston? Unfortunately, no.

Houston is not seeing a meaningful decline in DWIs. Through August, the City of Houston only had a 5% reduction in DWI arrests. Harris County had 16% fewer DWI arrests than this same time in 2019. However, in 2019, the county's DWI arrests increased by an astonishing 2,000% from the previous year. That means that a slight dip isn't nearly enough: 2020 is on track for another record number of Harris County DWIs.

At this point, College Station will likely see an uneven trend in DWIs through the remainder of the year. For example, Texas A&M students returned to campus-that could increase area alcohol use during the Fall. But DWIs may decline, since a recent post-Halloween spike in COVID-19 cases has meant that the university is announcing new restrictions on campus social events, and at least one football game has been delayed.

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 Posted on October 10, 2020 in Uncategorized

Being charged with Driving While Intoxicated (DWI) can be frightening and embarrassing. For some people, it can even impact their ability to earn a living. If you're facing a DWI charge, you're likely worried about what the future could mean for you. But, if it's your second, third, or more offense, it's not a maybe anymore. You're likely very worried about the genuine consequences you know that you're facing.

Multiple Offenses in Texas

Under Texas law, a driver who has a previous conviction for DWI faces even stiffer penalties than a first time offender, and those penalties continue to increase in severity with each subsequent offense. Texas prosecutors are not likely to show leniency to someone who has received a DWI conviction before. It's more important than ever that a multiple offender hires an aggressive attorney who knows this area of the law backward and forward.

In Texas, a second DWI is typically charged as a Class A misdemeanor. This means the penalties can include a fine of up to $4,000, a minimum of 30 days in jail, and having your driver's license suspended for up to two years. You could also be ordered to install an ignition interlock device in your vehicle.

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