Posted on October 10, 2020 in Uncategorized

In October of 2019, Errol Spence Jr., a popular boxer, was charged with Driving While Intoxicated (DWI) after losing control of, and flipping, his Ferrari. Police stated that Mr. Spence was allegedly drunk driving his vehicle at a high-speed rate in the early hours of the morning. He was not wearing a seat belt during the crash and suffered severe facial injuries that left him hospital-bound for a time. The young boxer was lucky to survive the accident and is back in fantastic fighting form, preparing to defend his title later this year. Native Texan Spence is an amazing example of how, despite his serious DWI charge, we are all capable of overcoming hard things.

What a DWI Can Teach You

Being charged with a DWI can be a stressful situation for nearly everyone. You may feel alone, confused, and worried about what others may think. These strong emotions can lead even the best of us to feel like we should shrink back from life. But what if you could use this incident as a learning experience – like Errol Spence Jr. Instead of focusing on what's happened, focus on what it can teach you. Mr. Spence focused on how lucky he was to be alive. His body was battered and bruised, he'd completely totaled an expensive vehicle, but he focused on what the experience taught him. He started training again, rehabbing his body, and getting into the best shape he can to take down another champion boxer in December 2020.

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 Posted on October 10, 2020 in Uncategorized

The COVID-19 pandemic has changed life as we know it here in Texas. We've faced more than 754,000 cases in the state and more than 139,000 in the Houston area alone. In April, Governor Greg Abbott shut down all but essential businesses, including bars, live events, and concerts. With cases peaking again in June, Governor Abbott again closed down bars, limited restaurants to 50% capacity indoors, and restricted outdoor gatherings to 100 people.

Texas Shuts Down

With bars, live events, and concerts shut down or limited in capacity since April, we'd expect arrests for people driving while intoxicated (DWI) to decrease dramatically. Instead, arrests for DWIs are holding steady. Sgt. Don Egdorf of the HPD DWI Task Force says, "The DWI numbers are still up here instead of taking a big drop." Houston police reported about 4,500 arrests for DWI in 2019. The numbers for 2020 are on track to reach 4,300 arrests for DWI.

What is DWI in Texas?

A person is driving while intoxicated in Texas if their blood alcohol level is.08% or higher. But an individual is still intoxicated if they are impaired due to alcohol or drugs regardless of their BAC. See Tex. Penal Code § 49.01 (2001). A DWI conviction comes with severe penalties, even for a first offense:

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 Posted on October 10, 2020 in Uncategorized

Police recently arrested a Harris County Precinct 6 Deputy after she allegedly choked another woman until she passed out on the side of the Gulf Freeway. She faces charges of DWI and aggravated assault after the incident.

Police received a call to a crash and major disturbance after 6 pm on Sunday, October 4th. Police reported that the off-duty deputy was driving along the Gulf Freeway when one of her passengers asked her to pull over so she could be sick. When she did, she purportedly crashed into a concrete barrier. Then she and her passenger began arguing, and the deputy allegedly choked the woman until she passed out.

The Harris County Sherriff's Department released a statement indicating that the deputy was still on probation, having been employed with the department for only four months before her arrest. The department reported that the deputy "was with Precinct 6 for only four months but has been fired and is no longer employed with the precinct."

If you are facing a DWI charge in Texas--even if, fortunately, you didn't try to choke someone out--it can be scary and overwhelming. Often people are tempted to plead guilty, pay their fine, serve their time, and forget about it. Unfortunately, there can be long-lasting professional ramifications from a DWI conviction.

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 Posted on October 10, 2020 in Uncategorized

Driving while intoxicated (DWI) issues become more complex if the driver has a commercial driver's license (CDL) and was operating a commercial vehicle such as a large truck or semi at the time of the arrest. Given the seriousness of these issues, it is vital that anyone with a CDL charged with a DWI immediately hire an attorney. Time is of the essence.

Commercial Driver's Licenses-Different Legal Standards Apply

Holders of a commercial driver's license are not permitted to drive while intoxicated, whether from the use of alcohol or any drugs, illegal narcotics, or other chemical substances.

Under Texas state law , a commercial driver operating a commercial motor vehicle on a public road can be found guilty of a DWI with a blood alcohol concentration (BAC) of 0.04 or more. That is only half of the BAC allowed for commercial drivers when they are operating non-commercial vehicles.

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 Posted on October 10, 2020 in Uncategorized

Driving while impaired (DWI) in Texas can come with severe consequences: A DWI conviction can mean prison time, steep fines, and suspension of your driver's license. But people are much less aware that if you have a professional license, that, too, is at risk with a DWI.

What Is a DWI in Texas?

First, it is important to understand what constitutes a DWI in Texas. In Texas, a person is legally intoxicated and may be charged with DWI if they are not able to function normally. Impairment can be tested with field sobriety tests, but it is presumed to be the case if someone has blood or breath alcohol concentration (BAC) of.08% or more.

Further, DWI's are not limited to alcohol: A person may also be considered intoxicated if they are impaired due to alcohol or other drugs.

How Can a DWI Affect Your Professional Licensing?

Many jobs-from dentistry to teaching-require professional licensing before a person can practice or hold such a position. In doing so, the governing boards that establish those licensing requirements-including under what conditions someone may be stripped of their license.

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 Posted on October 10, 2020 in Uncategorized

A recent two-car crash in Harris County demonstrates how tragic car accidents can be. The September 11, 2020, crash near Greenhouse and Morton roads sent four people to the hospital, including two children. Three of the injured were life-flighted to nearby hospitals, and police suspect one of the drivers was intoxicated.

We all know that driving while intoxicated is wrong, but if you're arrested on suspicion of driving while intoxicated (DWI) with injuries to others, don't panic. A tragic accident doesn't mean that an arrest means you will be automatically convicted of DWI, but you should be aware of the possible consequences.

Driving While Intoxicated

A driver is considered intoxicated in Texas if their blood alcohol content (BAC) is.08% or higher. Or, if the driver is impaired by drugs or alcohol, regardless of their BAC. See Tex. Penal Code § 49.01, et seq. (2001). A driver is "impaired" if they don't have normal use of their physical or mental faculties.

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 Posted on September 09, 2020 in Uncategorized

Police around the Lone Star State are stepping up their efforts to enforce DWI laws and gaining national attention. An Alton Police Officer was recently applauded for his efforts in personally arresting at least 55 people for DWI- about half of the department's total for the year so far.

The Impact of Overzealous Policing

When officers are instructed to take a zero-tolerance attitude towards DWI drivers, many take an "arrest first, ask questions later" approach. This is especially true if police are given DWI quotas to meet each month. Drivers may be arrested on the slightest suspicion of driving while intoxicated and be hauled off in handcuffs despite passing field sobriety tests and remaining cooperative with authorities. This is wrong because it is not illegal to drive a car after you consuming alcohol so long as you did not drink so much that you exceeded the legal limit of intoxication.

Penalties for DWI can be significant. Given the high stakes, one would expert police to err on the side of caution before arresting someone. With these DWI enforcement campaigns, quotas, and all-star teams in place, though, caution may be thrown to the wind.

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 Posted on September 09, 2020 in Uncategorized

In 2007, Dallas County established the first Conviction Integrity Unit in the United States. Since that time, they've spread across the state of Texas and the U.S. Now, these specialized units are helping to exonerate wrongfully convicted criminals in the largest counties in Texas.

A recent Star-Telegram article reported on the case of a 40-year old Texas man sentenced to 50 years in prison for shooting a man in 1997 when he was 17. His victim, who had killed a close friend, recovered. But the 50-year sentence resulted from a conviction for engaging in organized crime. After investigation, the Tarrant County Conviction Integrity Unit believes that while he was guilty of aggravated assault with a deadly weapon, a crime with a lower maximum sentence, he wasn't a member of a gang or any organized crime organization. Now, a state district judge, the Tarrant County district attorney, and the Tarrant County sheriff support the effort to lessen his sentence.

Conviction Integrity Units

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 Posted on September 09, 2020 in Uncategorized

Every year, the Texas Department of Safety steps up enforcement over the Labor Day weekend. The three-day weekend results in more people on the road, parties, and more people drinking and driving. During Labor Day 2019, the Texas DPS reported handing out more than 102,000 citations and warnings. DPS also made 489 driving while intoxicated arrests, 358 fugitive arrests, and 354 felony arrests.

Police across the state announced in advance that they would step up enforcement during a weekend that traditionally has more drunk drivers on the road. The numbers for 2020 aren't in yet, but police in Harris County arrested 30 people for DWI in just one small area of the county over the Labor Day weekend.

What is DWI?

A Texas driver with a blood alcohol content higher than.08% is legally intoxicated, and police can charge them with driving while intoxicated (DWI). But a driver is also intoxicated if they are driving while impaired by drugs or alcohol regardless of blood alcohol content. See Tex. Penal Code § 49.04. This offense is a Class B misdemeanor punishable by a minimum of 72 hours in jail. If your blood alcohol content exceeds.15%, it is a Class A misdemeanor.

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 Posted on September 09, 2020 in Uncategorized

If you are charged with DWI in Texas in an accident where others have sustained bodily or severe bodily injuries, you can face additional or enhanced charges. But what happens if you are injured yourself in the accident?

This question comes front-and-center with a recent news report in which a woman in Hauppage, New York was pulled from her burning vehicle after it crashed into a utility pole. She was quickly rescued from the wreckage by two onlookers who observed the accident, and fortunately neither the woman nor anyone else was seriously injured. However, when the police arrived and conducted an investigation, they suspected DWI. The woman was soon arrested.

The situation could have turned out much differently for the driver. How would events have unfolded if she had needed to go to the hospital? What happens with a DWI arrest if you are in need of medical attention?

Your Health Comes First...

Under the law, a person's immediate health needs always take priority over any legal or criminal troubles. If police arrive on the scene of an accident where you are injured, they have an obligation to provide you with medical treatment first and investigate later. They will (or should) hold off on booking you until an EMT has checked you out at the scene and determined whether further medical treatment is necessary-including a trip to the emergency room. That said, being injured in an accident where you were the driver won't necessarily preclude a possible DWI arrest if police have reason to suspect you. It simply means you may face those charges when you are well enough to be sent home.

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