Posted on April 04, 2020 in Uncategorized

Anyone who has faced prosecution for driving while intoxicated (DWI) in Houston can tell you that the process is never easy. The stress of potential jail time and fines alone can weigh heavily on anyone. This process has only become more difficult during the COVID-19 pandemic.

The state of emergency declared by the Governor of Texas has thrown the state's judicial system into chaos. Hearings are being delayed and other cases are simply going unscheduled. Certain inmates face the possibility of early release from jail while others are waiting longer than normal due to the lack of court hearings. Below, we discuss a few of the important factors to consider following a DWI arrest during this challenging time.

Trials are on Hold

Any defendant expecting a trial for their DWI this spring might not get their day in court, as Harris County has canceled all jury trials from March through May 1. Each county is different, but these cancellations are common throughout the state. Any trials during that time frame have been postponed. These delays cannot be used against the state when calculating speedy trial time, either. In cases of a delayed jury trial, there is little a defendant in a DWI case can do but wait.

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 Posted on April 04, 2020 in Uncategorized

A Bryan, Texas man received a 15-year prison sentence on February 26, 2020, after his conviction for driving while intoxicated (DWI). This is the 17^th DWI arrest and conviction for Robert Ray, age 72.

The DWI arrest occurred after Ray was involved in a vehicle accident in September of 2017. The accident occurred on Texas Avenue in Bryan and allegedly involved Ray pulling out in front of another vehicle. When police arrived at the scene, Ray admitted early on that he was inebriated. The police placed Ray into custody, and the results of his blood alcohol concentration (BAC) reading was above the legal limit.

At his sentencing, the prosecution asked for the maximum sentence of 20 years. The court settled on 15, citing his extensive history of driving under the influence of alcohol. Ray must serve at least 7 ½ years before he could be eligible for parole. Even then, parole is never guaranteed, especially in habitual drunk driving cases.

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 Posted on March 03, 2020 in Uncategorized

There are many steps you can take to improve your chances of beating a driving while intoxicated charge. Refusing to make a statement to the police and declining to participate in field sobriety testing are possible methods to use to avoid incriminating yourself. Not all efforts to avoid a DWI arrest in Texas are in your best interest, however.

For example, on March 17, 2020, a New Jersey woman pulled over under the suspicion of driving while intoxicated lied about exposure to Coronavirus and purposefully coughed on police. According to the police, 28-year-old Lea Piazza was arrested by Hanover police under suspicion of drunken driving. The incident began when police responded to the location of a single-car accident. The responding officer reported smelling alcohol on the defendant. Eventually, she was arrested for DWI, careless driving, and reckless driving.

While officers attempted to process her at the jail, the woman repeatedly coughed on three members of law enforcement. After requesting that she stop, she allegedly claimed: "Oh, by the way, I have the coronavirus and so do you." Police immediately questioned her about the statement, where she claimed her boyfriend had been exposed to the virus while in a New York hospital.

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 Posted on March 03, 2020 in Uncategorized

A growing trend in law enforcement agencies nationwide is the mandatory use of police body cameras. These cameras are small video recorders worn on the chest of an officer called "body-worn cameras" (BWC). They are designed to record interactions between the public and the police. The police often rely on these videos to show an arrest was warranted or that they acted appropriately.

Like many major cities, Houston Police Department makes use of body cameras. While the city has an official body camera policy, it represents little more than a commitment to use them as frequently as possible. Because camera use is not mandatory, not every police stop or arrest will be on video.

Despite their intended purpose, body cameras can materialize as powerful evidence in a driving while intoxicated case – for the defense. Below, we discuss some of the ways body camera footage could help you beat a DWI charge in Harris County.

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 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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