Posted on March 03, 2020 in Uncategorized

For many observers, the charge of driving while intoxicated involves operating a motor vehicle while under the influence of alcohol. While that is often the case, state law also prohibits driving under the influence of any controlled substance. These offenses could involve a driver exclusively under the influence of an illegal drug or on a combination of drugs or alcohol. A recent study shows a surprising number of DWI arrests in Houston involve the use of the drug PCP.

Commonly referred to as "angel dust," PCP is a street drug that has grown in popularity in Houston recently. According to the Houston Forensic Science Center, approximately 16 percent of all DWI arrests in Houston involved the use of PCP.

The study reviewed all arrests in the city from 2013 through 2018 and flagged any arrest that included a positive drug test for PCP. This includes cases where PCP was either the only drug in the driver's system or one of several drugs. The study went on to show that 33 percent of all drivers with PCP in their system had at least one more controlled substance in their blood stream at the time of their arrest.

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 Posted on March 03, 2020 in Uncategorized

Most people understand that the legal limit for blood alcohol concentration (BAC) while driving is.08 percent. Drivers with tests reflecting that level of alcohol in their system or higher could face arrest for driving while intoxicated (DWI) in Houston.

Not all drivers can say with certainty what a.08 percent blood alcohol concentration means or feels like, however. While there are colloquialisms about how "two drinks" is usually the most you can consume without going over the legal limit, the reality is far more complex than that.

This concept is important because misconceptions can lead to your arrest. Below, we discuss how fast you might be able to reach a BAC of.08 percent and the factors that could impact your test result.

Factors that Impact a Breathalyzer Test

There are many important factors that go into determining your BAC. One of the most important factors is your body weight. Generally speaking, the larger you are the more alcohol you can metabolize. Your body begins to metabolize alcohol right away, and a person with a larger body will eliminate more of the alcohol compared to a smaller person drinking the same amount of alcohol. Based on weight alone, a 250-pound person will not reach a BAC of.08 percent as quickly as a 100-pound person.

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 Posted on March 03, 2020 in Uncategorized

A coordinated effort involving more than 300 state, local, and federal law enforcement officers resulted in a sweeping drug arrest in Castro County on March 5, 2020. In total, more than 33 individuals will now face federal charges related to drug trafficking, weapons violations, and other offenses.

This effort – overseen by the U.S. Attorney's Office for the Northern District of Texas – covered multiple sites across more than one county in the western part of Texas. In total, 29 of the 33 individuals charged were in custody at the time of writing. Ten of those defendants were already in state custody for other charges when the raid occurred.

The Charges

According to a news release from the U.S. Attorney's Office, all 33 individuals will face drug charges. On their own, these offenses could carry severe penalties including steep fines and lengthy sentences to federal prison. In addition to federal drug offenses, six men also face a number of gun charges.

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 Posted on March 03, 2020 in Uncategorized

If you are like most people, you probably have a general idea of the consequences that come with a conviction for driving while intoxicated (DWI). The statute calls for jail time and fines, and these penalties get stiffer if you offend more than once. Not all repercussions from a DWI conviction are written into state law, however.

There are also collateral consequences attached to a DWI arrest. These consequences might not result from the statute, but they are commonplace following a DWI conviction. They can include difficulty obtaining a job or the loss of your security clearance, among other things. These collateral consequences are not limited to the professional world, either. If you are planning to go to college, a DWI conviction could have a negative impact on your academic future. In some cases, it could prevent you from going to college at all. If you are already enrolled, a conviction can still prove to be costly.

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 Posted on March 03, 2020 in Uncategorized

In 2019, flight attendant Andre Riley was fired by American Airlines after registering a.05 on a breathalyzer while on the clock. Riley does not dispute that his body registered an elevated score on the breath test. He does, however, claim the high level did not occur as a result of alcohol consumption. Instead, Riley believes the ketogenic diet is to blame.

The ketogenic diet – also known as simply "keto" – is a type of diet that has rapidly grown in popularity in recent years. Riley claims the way the body breaks down food while on the ketogenic diet can create a false positive blood alcohol concentration (BAC) result.

Although Riley is not the first to claim keto caused a false BAC reading, the science is not settled on how frequently this diet could interfere with breath testing. For now, there is a possibility this diet could have an unfortunate impact on some DWI arrests.

What is the Keto Diet?

The ketogenic diet started as a method doctors used to address conditions like diabetes and epilepsy. Due to the substantial weight-loss properties, this diet has now become a favorite of fitness fanatics. This diet is low-carbohydrate and high-fat. The end result is that the body remains in a state of ketosis, which means the body burns fat instead of carbohydrates. However, the process of converting fatty acids to energy in the liver can create ketones that are chemically identical to a type of alcohol.

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 Posted on February 02, 2020 in Uncategorized

Most discussions revolving around the penalties for a first-offense driving while intoxicated conviction center around the potential maximum penalty you might face. In reality, most sentences handed down by the court fall far short of the maximum allowable sentence. Judges are given leeway in the sentences they hand down, so long as they fall within the minimum and maximum jail terms required by statute.

For a first-offense DWI in Harris County, the maximum penalty is 180 days in county jail, or in some cases up to one year in the Harris County Jail. The judge has the authority to sentence you to no more than the time you spent while in jail if they choose. Additionally, the court can sentence you to a jail sentence but place you on probation. This allows you to avoid serving that jail sentence as long as you avoid any additional arrests and meet other conditions.

The leeway these judges hold makes facing the maximum sentence allowed a possibility, however rarely it might occur. Because it is a possibility, it is best to never assume the court will be lenient in your case. This is especially true if you decide to plead guilty at your arraignment.

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 Posted on February 02, 2020 in Uncategorized

For many, having a few drinks is a common part of socializing. Whether you are out at the bar or over at a friend's to watch a game, knocking back a few beers come with the territory. While a designated driver is the best option, some motorists decide to sober up long enough to "be fine to drive." Unfortunately, many people over and under estimate the amount of time it can take for their body to absorb and metabolize the alcohol they have consumed. The end result is often an arrest for driving while intoxicated.

Estimating the amount of time you need to sober up is an inexact science. In fact, even the use of portable breathalyzers isn't trustworthy unless you are using a well-calibrated, professional-grade device.

Generally speaking, all alcohol will be eliminated in a blood alcohol concentration test within 12-24 hours, depending on the dosage amount. While arranging a ride or waiting it out provides the safest options, not everyone is able or willing to do so.

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 Posted on February 02, 2020 in Uncategorized

On February 5, 2020, 30-year-old Gregory Smith was arrested on three counts of intoxication manslaughter and two counts of intoxication assault by Harris County deputy constables. After his arrest, law enforcement announced he was out on bond for a previous DWI at the time of the crash.

The charges stem from an accident that occurred on Antione Drive near the North Beltway 8 feeder road in Harris County. All told, three people died and three were injured in the multiple-vehicle collision. The police report alleges that Smith was intoxicated when he ran a red light. In total, three vehicles were involved in the crash.

Witness reports allege Smith was traveling southbound on Antione when he ran the red light. Upon entering the intersection, his SUV struck a vehicle traveling eastbound on the feeder road. Smith's SUV careened off of that vehicle, only to strike a passenger van.

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 Posted on February 02, 2020 in Uncategorized

For years, advocates have pushed for mandatory breathalyzers for any motorist convicted of driving while intoxicated. These regulations are designed to prevent convicted drunken drivers from getting behind the wheel with any alcohol in their system. The premise is simple: a driver must blow into a breathalyzer attached to their vehicle each time they enter the car. If the driver fails to blow or registers any alcohol on their breath, the car will not start.

The system is far from perfect, however. There are countless stories of drivers coming up with creative ways to skirt these rules. Examples include blowing into the breathalyzer and then leaving the vehicle running or finding another person to pass the breath test for the intoxicated driver.

A new Kansas regulation is aimed at catching drunk drivers that convince someone else to blow into the breathalyzer for them.

Kansas' New Photograph Requirement

In January 2020, Kansas enacted additional requirements for their mandatory ignition interlock devices. Kansas now requires all interlock devices to include a built-in camera. This camera will automatically photograph the person as they provide a breath sample in the car.

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 Posted on February 02, 2020 in Uncategorized

Prostitution arrests are fairly common in Houston. Be that as it may, there is no guarantee these arrests will result in a conviction. With the right defense, it could be possible to beat a prostitution charge.

Developing a winning defense is possible, but it could be challenging without the guidance of a dedicated criminal defense attorney. This is because every case is different, and some defenses will not be effective in every case. Below, we discuss three of the strongest potential defenses to a prostitution charge in Houston.

Mistake

In some cases, police can make errors in judgment when deciding on when to make a prostitution arrest. These officers are known for making a rush to judgment when it comes to prostitution arrests, particularly in areas where prostitution is common. If a person has no intent to commit a sexual act for money, they have not committed the crime of prostitution. This is true even if the police discover them in an area known for prostitution or in a car with another individual.

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