Posted on August 08, 2020 in Uncategorized

Before a police officer can pull over a driver, the officer has to have a legally valid reason (a reason to believe a law/traffic violation occurred). If the driver commits a traffic violation, like speeding, the officer can conduct a traffic stop. The same is true for if the driver has expired tags or a has a burned out headlight.

Then, once the officer has pulled over the driver, if the officer smells alcohol or has other reason to believe the driver has been drinking, the officer can continue to detain the driver to further investigate beyond the scope of the original purpose of the traffic stop by investigating the driver for DWI by using a field sobriety exercises, a portable breathalyzer, or other police created field tests. This is known legally as having a "reasonable suspicion".

An Officer Must Have Reasonable Suspicion

Typically, officers will cite suspicion of a traffic violation, equipment violation, or criminal activity as the reason for pulling a vehicle over. Criminal activity could mean things like weaving between lanes, driving too slowly, speeding, running a stop sign or not using a turn signal to change lanes. It's pretty easy for officers to meet the reasonable suspicion requirement, but they do still have to meet it.

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 Posted on August 08, 2020 in Uncategorized

The ongoing COVID-19 pandemic continues to impact many businesses and government agencies across the state-not the least of which is the Texas court system. The courts have endured repeated closures, and the Texas Supreme Court recently postponed all jury trials in the state until October 1.

For some people awaiting trials and court dates, the delay might have little impact-but for others, it can create huge difficulties and even danger. Consider, for example, the Texas defendant who was in jail pending his day in court who wound up stuck there because his court date was postponed when the courts closed. A 61-year-old with pre-existing conditions, he was left in a high-risk situation for contracting COVID, essentially a victim of system bureaucracy.

Possible Complications from Court Delays

The example above underscores just one of the possible issues that can arise if you happen to be in the wrong situation when the courts are shuttered. Specifically, if you get arrested for DWI, prolonging your court date could cause any or all of the following complications:

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 Posted on August 08, 2020 in Uncategorized

On July 30 of this year, police arrested a Rawlins, Wyoming man driving his orange tractor down a Rawlins city street and weaving into multiple lanes. When police attempted to pull him over, he refused to stop, engaging in a low-speed chase until he reached his home and tried to go inside. At that point, police attempted to issue a field sobriety test, which the Rawlins man refused. His mama, however, was on the scene and told officers her son had been drinking. While the idea of a low-speed chase after an orange tractor might give you a chuckle, DWI arrests on farm equipment are not uncommon in Texas either.

Driving While Intoxicated in Texas

In Texas, a person is impaired and driving while intoxicated (DWI) if they have a blood alcohol content of 0.08. However, a person may also be intoxicated if they are impaired from alcohol or drugs, regardless of their blood alcohol level. See Texas Pen. Code § 49.04 (2011).

What is a "Motor Vehicle"?

Texas law defines "motor vehicle" pretty broadly. It "means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks." Tex. Penal Code § 32.34(a)(2) (1994). Yes, this includes pretty much any farm equipment that you can drive on a highway.

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 Posted on August 08, 2020 in Uncategorized

It's one of those stories that sounds like the script of a tasteless sitcom. Back in February, German police apprehended a man suspected of drunk driving who fled a traffic stop and tried to hide in some nearby hedges. According to news reports, it wasn't the smell of alcohol that gave him away-it was the "cloud of perfume" he was sitting in, trying desperately to mask the smell of booze.

We sometimes find stories like these to be darkly amusing mainly because we can tell what was going through the man's mind and why the "trick" didn't work. But the truth is these antics are quite common, and the truth is they almost never work to conceal the fact that someone has had too much to drink. Let's discuss a couple of other common failed tactics for covering up suspected DWI, and why they're bad ideas.

Attempting to Mask the Alcohol Smell

Sitting in perfume is just one method of trying to mask the smell of booze; there are many others. Some of the more common tactics include chewing gum, eating spicy or garlicky foods, using mouthwash or breath strips, etc.

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 Posted on August 08, 2020 in Uncategorized

A Minnesota mother is facing charges of child endangerment and driving while impaired after police accused her of driving drunk. The woman was pulled over after running a red light and nearly causing a rear-end collision. Her two children, who were in the car at the time of her arrest, have been left in the care of their grandparents.

While the news story has certainly raised eyebrows, there is hope for parents arrested for driving while intoxicated. Accusations of drunk driving charges are always serious, and when kids are in the vehicle, there is certainly reason for concern. Their presence, however, doesn't necessarily mean that a felony charge of DWI with a child passenger is a hopeless legal situation.

Texas DWI with Child Passengers

Texas has an enhanced statute for DWI with a child passenger. It's a felony for individuals to drive while impaired with a minor under the ages of 15 in the vehicle. If arrested for DWI with a child passenger under 15 in the car, you can certainly expect more serious charges than if you had been alone without children. For instance, someone convicted of a first-time DWI while alone in the vehicle may face a Class B misdemeanor. When a child is present, however, the charges are automatically upgraded to state jail felony, regardless of whether or not it's a first-time DWI arrest.

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 Posted on August 08, 2020 in Uncategorized

Many false DWI arrests occur simply because the driver was unwittingly showing symptoms or behavior that made the officer suspect DWI. One particularly unusual example was reported in Phoenix, Arizona last year when a female driver experienced a panic attack during a routine traffic stop-and ended up being arrested.

According to reports, police pulled the woman over after observing her allegedly commit several moving violations. The woman, who had a fear of men in general and police in particular, began to enter panic attack mode after the cops harshly called for her to pull over on the police car intercom and due to the "intimidating attitude" of the cop who approached her. She explained her anxiety to the police, and they requested a female officer to come to the scene. Instead, more men showed up. They began performing sobriety tests after detecting a faint smell of alcohol. The driver admitted to having a drink four hours earlier and blew a.02 on the breath test-well below the legal limit. Still, despite her repeated efforts to convey her behavior was caused by anxiety, they arrested her on suspicion of DWI. The woman has since filed suit against the police department.

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 Posted on July 07, 2020 in Uncategorized

Ketogenic diets are extremely popular now, and with good reason. By cutting out carbohydrates and pushing the body into a state of ketosis, which forces the body to burn stored fat instead of sugar, people can lose large amounts of weight quickly, without feeling deprived or hungry.

And, unlike most other diets, alcohol is not forbidden on a keto diet. Rather, dieters are told that a couple of glasses of red wine or a vodka and soda water are fine, as the sugar content is low. Many keto dieters even enjoy that they get a buzz from alcohol more quickly when they're following the diet than when they're not.

But, not only should keto dieters be careful of overconsuming because their alcohol tolerance is lower on the diet, even teetotalers on keto should be wary of taking breathalyzer tests. Recent studies have shown that the chemical reactions that happen in the bottom during ketosis can trick a breathalyzer into thinking that you're intoxicated, and that can lead to you getting charged with DWI.

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 Posted on July 07, 2020 in Uncategorized

When 53-year old Houston resident Thomas Gorsuch first met Harris County police officers on May 6th, he had a lot to "bare." In a state of heavy intoxication, Mr. Gorsuch drove his car while nude on North Sam Houston Parkway West, startling both drivers and pedestrians.

Officers asked Mr. Gorsuch to put his clothes back on and exit the vehicle, but he refused. After failing field sobriety tests, he was arrested on charges of intoxication and interfering with public duties.

Texas state has its fair share of bizarre DUI cases that involve drunkenness and nudity. In 2016, a 19-year-old A&M Texas student taking a selfie while semi-nude and drunk crashed her vehicle into an empty police car. Police found an open bottle of wine next to her during the arrest.

In 2012, officers found country singer Randy Travis drunk and naked after crashing his car in Tioga. The video of his arrest made rounds throughout the web and media.

Intoxication and Texas Law

Although these incidents are humorous for readers, intoxication makes people act in ways that embarrass them later on – and gets them in trouble in court. Without strong legal representation, these actions weaken a case and receive little sympathy from a jury.

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 Posted on July 07, 2020 in Uncategorized

Police officers investigating a car crash in Bryan, Texas, found 72-year-old Robert Ray in a state of impairment. The surprise wasn't that Mr. Ray was drinking, but that this was his 17th DWI conviction. The judge considered Mr. Ray a risk to the community and sentenced him to 15 years in prison.

Although Mr. Ray did not harm himself or others, some incidents lead to fatalities. In February, a Texas man with multiple DWI charges made a wrong turn while driving drunk. His actions caused a collision that killed the 20-year-old man in the other car. The perpetrator is now facing a murder charge.

San Antonio tops the nation in DWI arrests. Between 2003 – 2012, over 13,100 Texans lost their lives due to a drunk driving incident. The reality is that many drivers are repeat DWI offenders, and their actions impact their lives and the lives of others.

Multiple DWI offenses are relatively common, but some can cause lengthy prison convictions or even life sentences. One example is the sentencing of Round Rock resident Bobby Stovall to life in prison after his 9th DWI conviction.

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 Posted on July 07, 2020 in Uncategorized

In addition to strict penalties and long-term consequences even for a first offense, DWI defendants in Texas now apparently have a new and imminent threat to contend with, one that has nothing to do with the law: a potentially deadly virus.

As the Texas Tribune reports, 73-year-old James Allen Smith of Bastrop was only scheduled to serve six months in a Huntsville prison as part of a drug/alcohol rehabilitation program after he pled guilty to a DWI charge in January. By June 11, he was dead.

Smith is just one among an astonishing number of inmates to die from coronavirus in the Texas prison system. With at least 84 inmate fatalities and counting, Texas currently ranks second-highest in the nation for COVID-19 prison deaths as the disease continues to spread across the state. Some of the victims were days away from release.

Texas is not alone. COVID infections in prisons across the U.S. are skyrocketing, typically at a rate 2.5 times greater than that of the general population. For drivers convicted of DWI, this issue presents a much more imminent danger than just license suspension or jail time. Even a short time behind bars can result in potentially lethal exposure to the disease.

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