Posted on May 05, 2020 in Uncategorized

You can be an actor (e.g., Tim Williams) or an NBA star (e.g., Steve Francis) or just about any well-known person, and it won't matter to the police in Houston when they arrest you for a DWI. Some might say that's a compliment – but it's not. Far from it. It's not a result of upholding fairness but a testament to their ruthlessness. If you are someone with financial means, though, you're more likely to fight the charges because you can easily afford an attorney. Others may question the value of it because (1) they think they'll be convicted anyways, so (2) why expend the money when the outcome won't help them. You could be a real estate agent, a teacher, a pharmacist, nurse, pilot, accountant, doctor, licensed money manager, or a construction worker, and you may choose to plead guilty or accept a plea deal because you feel morally guilty, don't know your options and just want to put this embarrassing event behind you.

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 Posted on May 05, 2020 in Uncategorized

For many people, boating and alcohol go hand in hand. While arrests for boating while intoxicated (BWI) are relatively uncommon, it is worth remembering that a conviction could have significant consequences. Like with a drunken driving charge, it is possible to defeat a BWI case at trial.

There are some important differences between these cases and standard DWI arrests since this offense occurs on the water. This is due in part to the challenges law enforcement face when attempting to competently investigate BWI cases. These challenges are highlighted by the limited use of field sobriety tests in these cases.

Law enforcement has access to a series of seated field sobriety tests that allegedly work floating on a lake. That said, these tests face the same reliability issues that standard field sobriety tests have.

Seated Field Sobriety Tests on Water

A limited number of studies have reviewed sobriety exercises that are used by law enforcement while floating. The accuracy of these seated float sobriety tests is questionable at best. These tests include the "palm pat" exercise and fists on the chest exercise that is downright silly.

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 Posted on May 05, 2020 in Uncategorized

In Texas, law enforcement aggressively pursues charges of driving under the influence of marijuana. Despite this aggressive approach, there are major problems with establishing intoxication in a marijuana DWI case. There are substantial problems with obtaining an accurate reading of a driver's blood alcohol concentration, but those issues pale in comparison to the difficulty of testing a driver for marijuana intoxication. A saliva-testing system under development in a Texas lab the state hopes will be a viable form of testing for marijuana DWI cases.

The problem with the current system involves the length of time marijuana can remain in a person's system. Many tests can identify remnants of marijuana in your system, but these tests cannot identify if you are under the influence of the drug. In fact, some tests cannot determine if you have imbibed marijuana recently.

THC Levels and Intoxication

Another problem with investigating a marijuana DWI case is that the science is not clear on what level of tetrahydrocannabinol (THC) constitutes impairment. Scientists disagree, with some suggesting as low as 1 nanogram of THC per millimeter of blood could lead to intoxication. Other researchers have found that 15 nanograms of THC should be the standard. The leading researchers indicate that no per se drug level can be set based upon scientific research and that any per se level set is purely political, not scientific.

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 Posted on May 05, 2020 in Uncategorized

Law enforcement regularly claims their motto is to "protect and serve." This often means undertaking welfare checks on individuals that may be in distress. No matter the stated welfare intention of the officers, these welfare checks often result in the arrest of the person they are checking on. This was the case on May 6, 2020, when officers arrested a naked man asleep in his car for driving while intoxicated (DWI) after neighbors reported a man passed out in a car.

On the date of the arrest, deputies from the Harris County Precinct 4 Constable's Office responded to a call for a welfare check at the 6100 Block of North Sam Houston Parkway West. According to a statement issued by the Constable's Office, the responding officers noticed the man in the vehicle was completely nude. The statement went on to say that the officers witnessed signs of intoxication from the man – 53-year-old Houston resident Thomas Gorsuch.

According to the arrest report, officers ordered him to get dressed and get out of the car. The deputies claim Gorsuch refused to comply with their orders, ultimately resisting the officers when they attempted to detain him. After Gorsuch completed the standardized field sobriety tests, he was arrested for DWI and interfering with public duties.

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 Posted on May 05, 2020 in Uncategorized

After being arrest for DWI, many judges now require--and the law requires in certain situations--an ignition interlock device to be installed in any vehicle you drive as a condition of your bond while your case is pending. In the event you are convicted of driving while intoxicated, you can expect a series of hoops to jump through before you can regain your ability to drive in the State of Texas. One of these requirements is known as an ignition interlock device.

The ignition interlock device is purportedly designed to prevent an intoxicated person from starting their vehicle and driving. It requires a driver to blow into a device installed in their vehicle. The device tests their blood alcohol concentration and will prevent the vehicle from starting if it registers any degree of alcohol on the driver's breath.

A failed interlock device result could have serious repercussions that impact your ability to drive. If you are on a bond condition, a violation could lead to a bond revocation that sends you back to jail. If you are on probation, a violation could lead to a probation revocation that sends you back to jail. Unfortunately, it is possible for these interlock failures to occur due to a false-positive result.

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 Posted on May 05, 2020 in Uncategorized

As the result of a hit-and-run accident in Houston on Sunday, May 3, police have arrested a local man on charges of driving while intoxicated and felony murder. According to prosecutors, they have gone so far as to request that the court deny bail entirely.

According to the police report, 62-year-old Houston resident Jose Talamantes fled the scene of an accident at approximately 9:25 p.m. Sunday evening. The accident occurred on the southbound Highway 59 feeder road near Hillcroft Avenue.

Witnesses claim a Cadillac driven by Mr. Talamantes struck a vehicle that was exiting the freeway. The impact was severe enough that it ejected the other driver from the vehicle. The other driver – a 29-year-old man – died in the crash. Witnesses allege Talamantes fled on foot to a nearby house.

Police eventually made contact with Talamantes and allege he smelled of alcohol when they spoke with him. The police report claims Talamantes submitted to a blood alcohol concentration (BAC) test that shows he was above the legal limit. In addition to driving while intoxicated and felony murder, police also charged him with failure to render aid.

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 Posted on April 04, 2020 in Uncategorized

Following the outbreak of the coronavirus in the United States, the Department of Justice promised to take aggressive steps against anyone attempting to fraudulently profit from the pandemic. In March of 2020, the Justice Department took its first action against a Texas-based website selling a fake coronavirus vaccine.

This action was a civil injunction designed to shut down the website in short order. While the owner of the website is currently anonymous, the federal government has announced a wire fraud investigation into the perpetrators of the hoax. If convicted on these federal charges, the operators of the site could spend years in federal prison.

Texas Civil Action Against the Website

The initial enforcement effort taken by the Department of Justice was a civil action against a Texas-based website "coronavirusmedicalkit.com." According to the DOJ press release, the site was offering a fraudulent vaccine that the operators claimed was created by the World Health Organization (WHO). The WHO has no affiliation with the website, and no known cure has been discovered to date.

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 Posted on April 04, 2020 in Uncategorized

The COVID-19 pandemic and the "stay at home" orders that have come with it are impacting nearly every aspect of our daily lives. One unexpected development brought on by coronavirus fears and quarantine is an increased rate of domestic violence allegations in Houston and across Texas. This "fear" is directed toward the complaining witness, but there is another kind of fear, too: that many persons are being falsely accused.

Remember: when you are stuck together for a period of time and can't go out, tensions can run high. Mistakes are made... on both sides. Here's an overview of what's being said about increased domestic violence and what you should keep in mind if you are accused.

Is Domestic Violence Showing a Sharp Increase During Houston's Stay at Home Orders?

According to an investigation by the Houston Chronicle, there has been a substantial increase in domestic violence allegations based on the number of hotline calls and requests for emergency housing in the wake of the social isolation brought on by coronavirus in early March of this year. The Houston Area Women's Center saw an "unusually high" number of calls during the week of April 1, 2020. The number of requests for emergency housing was close to the center's maximum capacity of 120 residents.

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 Posted on April 04, 2020 in Uncategorized

Over the years, countless defendants in driving while intoxicated (DWI) cases have prevailed at trial thanks to inaccurate breath test results. Defense attorneys have had success showing a jury that failure by the police or a crime lab could have resulted in a false positive blood alcohol concentration (BAC) result.

There are multiple factors that could result in inaccurate breathalyzer readings. False-positive breath test results can occur due to mistakes made by the police. These errors are often related to the calibration of a breathalyzer machine. These machines are sensitive and can lead to wildly inaccurate results if not carefully maintained.

False positives can also occur thanks to the consumption of certain foods shortly before giving a breath sample. From Kombucha to sugarfree gum, these foods can have trace amounts of alcohol or cause chemical reactions that lead to a false positive. One food type that can cause a false positive you might not be aware of is honey buns.

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 Posted on April 04, 2020 in Uncategorized

Thanks to the Constitution of the State of Texas, you are entitled to bail following an arrest under state law. Like with many rights, your ability to obtain release from jail after paying a bail amount has certain limitations. While rare and uncommon, it is possible for the courts to deny bail to a person facing a charge of driving while intoxicated (DWI).

The good news is that the issue of bail is not decided with any finality. Even in cases where bail is initially denied, it is always possible to re-address bail with another judge. One of the valuable benefits an experienced and Board Certified Houston DWI defense attorney could offer is an understanding of common bail practices and experience with having bail requirements reduced.

While the denial of bail is unlikely in a DWI case, understanding the circumstances where it could happen could be valuable if you are facing such a charge.

The Right to Bail in Texas

Article 1, Section 11 of the Texas Constitution outlines the right to bail. While the Constitution provides that "All prisoners shall be bailable by sufficient sureties," it also outlines exceptions to this general rule. Section 11 makes clear there is an exception for any capital offense where the state can show a likelihood of conviction. Section 11a also highlights other exceptions that focus on felons with extensive criminal histories, sexual offenders, and acts of violence among other things.

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