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Recent Blog Posts

When You Need Medical Attention After a DWI Arrest

 Posted on December 12, 2020 in Uncategorized

Police are investigating after a 25-year-old recently died in the Rowlett City Jail. Police found the man sleeping in his truck in an apartment complex parking lot after receiving a call of a possible drunk driver on the road. Police woke him and arrested him for driving while intoxicated. Later, police also charged him with possession of marijuana and other controlled substances. They then processed him into the Rowlett City Jail.

Rowlett Detention Officers later found the man unresponsive in his cell. They performed CPR and moved him to an area hospital via ambulance, where medical professionals later pronounced him dead. His cause of death is unknown. If the police arrest you for DWI, it can be scary, and you may not know what to do or even what you can do or request from the police. So, it's important to understand what happens after a DWI arrest and what you should do to avoid it.

What Happens After a DWI Arrest?

Once the police arrest you for a DWI, they'll administer a blood alcohol test if they haven't already. The BAC is typically a breathalyzer test or a blood test. If you refused the test, the police will get a warrant for a blood test. They will then take you to the police station for booking. You do not have to speak to the police or answer their questions.

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DWIs—Special Considerations for Public Figures

 Posted on December 12, 2020 in Uncategorized

On October 17, 2020, a celebrity gossip website announced that reality TV star Michelle Theriot-"Gramma Mimi" on TLC's hit show Outdaughtered-had been arrested under suspicion of driving while intoxicated (DWI). Theriot reportedly failed multiple field sobriety tests, and the website alleged she tried to cover up the smell of alcohol with a strong perfume or cologne.

Public figures arrested for DWI need an expert attorney right away.

According to the article, Theriot gave at least two different versions of the facts relating to her alcohol use to the police. Even if the police have reasonable suspicion to stop a driver, a driver is under no obligation to give them any information relating to the traffic stop. Instead, all a driver has to answer is to politely say, "I want my lawyer." Upon hearing this, the police must stop asking you questions. That is important, not only in terms of limiting the evidence against you, but it also reduces the amount of information in the arrest record-which could be used in news articles or gossip columns.

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DWIs—Factors That Result in Enhanced Penalties

 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 "3rd 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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DWI and Social Media: The TikTok Video You Don’t Want to go Viral

 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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When a DWI Includes a Car Accident

 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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How Evading Arrest for a DWI in Texas Can Have Compounding Ramifications

 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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A DWI’s Impact on Running for Elected Office

 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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The Physical Impacts of a DWI Arrest

 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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How a DWI Can Affect More than Just Your Driving

 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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18-Wheeler Flies Over Ramp In Alleged DWI Accident

 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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