Posted on September 09, 2020 in Uncategorized

Certainly no one wants their night to end being arrested by Highway Patrol officers while their car sinks to the bottom of a lake. That's exactly what happened recently to a man in Wisconsin.

Highway Patrol officers began following him after numerous other drivers called in reports that he was driving erratically in his SUV. With officers watching, he hit a barrier wall, a signpost, and left the roadway several times, before finally plummeting off an interstate bridge and down a 100-foot embankment before landing in the lake.

Fortunately, the driver was able to escape and swim away from the SUV as it sank. A patrol officer on the scene commandeered a kayak and a flotation device from a bystander and paddled out to pull the driver to safety. However, while checking to see if the driver was injured, the officer noted signed for impairment. The driver was taken to an area hospital and treated for non-life-threatening injuries, and then given a blood test to determine if he had been drinking. He was arrested for driving while intoxicated (DWI).

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 Posted on August 08, 2020 in Uncategorized

Usually, when people think of a police chase, images of speeding cars blowing through stoplights and squealing around corners come to mind. They think of vigilantes followed by a passel of police cars with their lights flashing and sirens blaring in hot pursuit.

People don't usually think of drivers who are driving very slowly, perhaps not more than 40 miles per hour (mph), and maybe not even 10 mph. But slow speed police chases definitely happen. People who have been in a slow-speed police chase are frequently charged with DWI because police officers are trained to suspect that a slow driver is intoxicated, though that is not always the case.

Evading arrest is a crime under Texas law. It is defined as intentionally fleeing from a person they know is a peace officer or federal special investigator who is attempting lawfully to arrest or detain them. Evading arrest on foot is a misdemeanor in Texas, but if the suspect is in a motor vehicle or boat, it's a felony punishable by between 180 days and two years in jail and a fine of up to $10,000.

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 Posted on August 08, 2020 in Uncategorized

When local bars across Texas were first forced to close as part of the coronavirus shutdowns, authorities expected to see a notable drop in the number of DWI cases. However, the city of Austin defied those expectations. According to local reports, not only did the rate of DWI arrests remain comparable to the previous year during the lockdown, but during the first weekend when bars reopened in May, the number of DWI arrests doubled.

The Houston area reports similar data. Although their DWI arrest rates actually dropped by about 50 percent during the lockdown, the arrests shot way up after bars reopened-to the point that Houston is now on par to match its arrest rates for 2019. These reports seem fairly consistent throughout other Texas cities.

Interpreting the Numbers

What could be causing DWI arrest numbers across the state to be the same as, or higher than, they were before the pandemic? Some possible explanations:

• The police may have more opportunities to make DWI arrests. With more people staying at home, law enforcement has dealt with less traffic on the roads, fewer traffic violations, and in many cases less crime overall. This reduced activity may make them more able to observe signs of DWI and to make more traffic stops than they would under normal circumstances.

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 Posted on August 08, 2020 in Uncategorized

It may seem a bit unusual, but it does happen. A few months ago in Dakota County, Nebraska, a head-on collision sent at least two people to the hospital, one of which was the driver of one of the two vehicles. By the time law enforcement completed its investigation, both drivers had been charged with DWI.

The driver who was hospitalized refused a preliminary breath test; her BAC was found over the legal limit only after a warrant was issued to draw her blood. Her husband, a passenger in the vehicle who happened to be a county deputy, was also hospitalized and required surgery for his injuries. The other driver submitted to sobriety testing at the scene and was also found over the limit.

This story opens up a number of questions. What are the ramifications when both drivers in an accident are charged with DWI? Does that situation have any effect on the charges of either party? What if people are injured in the crash? Who is held responsible?

How the Law Handles Dual DWIs

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 Posted on August 08, 2020 in Uncategorized

For years, researchers and inventors have been working on new technologies to reduce or prevent instances of drunk driving. Ignition interlock devices (IID) designed to measure a driver's with measurable BAC level's from being able to drive are already in widespread use, and the State of Texas mandates them for certain drivers convicted of DWI, or charged with a DWI-2nd offense or more.

However, even newer, more advanced technology is in the works that could prevent any intoxicated driver from starting a motorized vehicle. And if legislators have their way, this technology will eventually be installed in every vehicle made-potentially making DWI a thing of the past.

Last fall, Senators Rick Scott (R-FL) and Tom Udall (D-NM) officially introduced a bipartisan-sponsored bill titled the Reduce Impaired Driving for Everyone Act of 2019 (RIDE), under which all new vehicles manufactured will be required to include impaired driving prevention technology within four years of the bill's passage. Congresswoman Debbie Dingell (D-MI) has introduced similar legislation in the House of Representatives.

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 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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