Posted on January 01, 2019 in Uncategorized

For those suspected of driving while impaired in Texas, a field sobriety test or breathalyzer test isn't the only alcohol test a person can face. Officers who believe that a person is driving while impaired by drugs or alcohol can also order a blood sample to be taken to determine whether a person should be charged with DWI.

DWI cases involving blood tests are difficult cases to handle. If you were charged with DWI in Houston and were subjected to a blood test, it's important to obtain the representation you need to defend against your charge to the fullest extent possible.

Can I Refuse to Take a Blood Test in Texas?

Refusal of testing during your arrest comes with hefty consequences. If you refuse to submit to a blood test, your license can be suspended for up to 180 days if this is your first offense of driving while impaired. A subsequent offense can land you with a two-year license suspension. In addition, your refusal to take a blood test can be used against you if you are ever prosecuted for DWI in the future.

Continue Reading ››

 Posted on December 12, 2018 in Uncategorized

A recent study found that drinking and driving and binge drinking among veterans have increased in recent years. Since 2013, the incidence of binge drinking has increased from 14 percent to nearly 16 percent. Binge drinking is defined by consuming over four drinks for women and over five drinks for men within a two-hour period. In Texas, 18.6 percent of veterans reported binge drinking in 2017.

The study looked at binge drinking among veterans and compared their income levels. Researchers found that binge drinking was at the highest levels in 2017 among veterans with the most annual income.

Researchers found that a major factor related to binge drinking was a post-traumatic stress disorder diagnosis. Around 60 to 80 percent of Vietnam War veterans diagnosed with PTSD also reported problems with alcohol abuse.

Researchers have found that drinking and driving among veterans have increased regardless of sex. The rate of drinking and driving increased from 2014 to 2017 from 1.6 percent to 2.5 percent. The rate among women increased from 0.8 percent to 1.7 percent, while for men, it increased from 1.7 percent to 2.6 percent.

Continue Reading ››

 Posted on December 12, 2018 in Uncategorized

A Laredo woman was taken into custody on November 30 for allegedly drinking and driving and fleeing the scene of an accident she caused. Officers were dispatched to the scene of an accident involving injuries. When officers arrived, they saw a silver Mazda 6 and a Jeep Liberty with heavy front-end damage.

The driver of the Mazda had sustained a facial laceration as a result of the crash, and emergency medical services were dispatched to treat his injuries.

When police interviewed a passenger in the Jeep Liberty, the passenger informed them that the woman had been driving the car when the crash occurred and had fled the scene on foot. Police identified a woman matching the description provided by the passenger getting into a black Chevy pickup near the scene of the accident.

While police were investigating, the Chevy pickup arrived at the scene, and the woman exited the vehicle. She admitted that she was driving the Jeep when the crash occurred and that she had fled the scene of the accident. She also admitted to drinking prior to the accident. Officers reported that she showed signs of intoxication including slurred speech and bloodshot eyes and that she smelled of alcohol.

Continue Reading ››

 Posted on December 12, 2018 in Uncategorized

A Killeen woman was sentenced to 3 years probation in the 27th Judicial District after attempting to evade arrest with a minor child in the vehicle.

The officer who conducted the stop stated that he turned on his lights and sirens and honked at the woman but she failed to immediately stop. The woman told an investigating officer that she didn't stop because she didn't want to stop. The officer reported that he could see the driver of the vehicle look into the rearview mirror at his patrol car. She eventually pulled into a driveway and stopped.

According to arrest affidavits, officers noted that when they spoke with the woman they noticed slurred speech and the odor of alcohol. The child in the vehicle was under age 15. A blood sample sent to the state crime lab measured her blood alcohol level (BAC) level at 0.26. The legal limit in Texas is 0.8.

The woman was sentenced to three years probation on each of her charges with the sentences to run concurrently.

Continue Reading ››

 Posted on December 12, 2018 in Uncategorized

A jury has found a Sunland Park man guilty of intoxication manslaughter after an accident in 2017 caused fatal injuries for a 33-year-old El Paso nurse. The man struck a stop sign, which fell and struck the victim.

Prosecutors told the jury that the man stepped on the gas instead of the brake pedal because he was intoxicated. The man's blood alcohol content (BAC) level was tested at 0.17 after the accident. The legal limit in Texas -- as in all U.S. states apart from Utah -- is 0.08. Prosecutors played video of the man failing sobriety tests for the jury and introduced into evidence receipts showing alcohol purchases from the time shortly before the accident.

The man's public defender argued that the area was inherently dangerous due to construction and the number of pedestrians. The attorney also argued that his client could have become more intoxicated as the alcohol had a chance to be absorbed into his system because the field sobriety tests were administered over 45 minutes after the crash occurred.

Continue Reading ››

 Posted on December 12, 2018 in Uncategorized

An off-duty Bexar County Sheriff's Department deputy has resigned following an arrest for suspected driving while intoxicated and drug possession. The arrest came after the officer was observed crashing into a concrete barrier.

Sheriff Javier Salazar commented that the former deputy decided to resign rather than undergo an investigation. He had been placed on administrative leave and ordered to submit to a drug test but instead chose to resign later that afternoon.

The former deputy had been with the department for five and a half years. Sheriff Salazar stated that there was nothing remarkable in the deputy's record to suggest that prior disciplinary problems.

Law enforcement officers were dispatched to the scene of the accident after a witness reported seeing a suspected DWI driver. Officers who conducted a search of the vehicle found what they suspected to be hash oil after conducting a field test.

The former deputy was released from jail after posting a $5,000 bond.

Continue Reading ››

 Posted on December 12, 2018 in Uncategorized

Law enforcement in Montgomery County and the Shenandoah Police Departments have announced that they intend to increase patrols over the holidays in an effort to prevent drunk driving. They aren't the only police departments to be doing so: police departments in Houston and throughout the greater Houston metropolitan area will also be ramping up patrols between now and New Year's Eve. As mentioned, patrol officers will be on the lookout for drivers driving while under the influence of drugs or alcohol, and many times they will stop someone for speeding, failing to use signals, and failing to use seatbelts -- among other minor traffic violations -- with an underlying motive to investigate if the driver is under the influence of alcohol or drugs.

The initiative is funded by the Texas Department of Transportation under the Selective Traffic Enforcement Program. Many other departments, including those in Harris County and elsewhere, are expected to employ similar measures to stop drunk driving through the holidays. Here are some things you should keep in mind, therefore, throughout this holiday season.

Continue Reading ››

 Posted on December 12, 2018 in Uncategorized

A Houston police officer ha s been arrested after a witness reported that he struck a guardrail and was weaving on the shoulder of Interstate 69 near Hillcroft. The witness began following the officer, who was driving a white Toyota Camry with a flat tire during the incident. The officer re-entered the roadway after reaching the Bellaire exit. He finally exited the roadway near Beechnut and struck the left and right curb of the exit lane while exiting the interstate.

The vehicle finally stopped at a Toyota dealership, where the witness reported his car was smoking. The car eventually caught fire. Police arrived at approximately 10:25 am. The officer reported that he remembered hitting a curb but not striking the guardrail. He claimed that he was unaware that his tire was flat or that the vehicle was smoking. He reported driving to the dealership for routine service on his vehicle.

The officer was arrested on suspicion of driving while intoxicated. Police reported the man was swaying while standing still, talked slowly, slurred his speech, and was slow to answer questions.

Continue Reading ››

 Posted on December 12, 2018 in Uncategorized

Minors are not allowed to purchase, consume, or attempt to purchase or consume alcoholic beverages in Texas. It is illegal for a minor to falsely represent themselves as being age 21 or over in order to purchase alcohol and it is illegal for a minor to drive while intoxicated. The penalties for a DUI-, DWI-, or alcohol-related offense can be steep for minors.

But illegal drinking while under the age of 21 and the possibility of serious penalties if convicted did not stop a 19-year-old from drinking at Servo-Car el Houston just a few days before Christmas. He didn't stop with the drinking either but got into his vehicle. Shortly thereafter, tragedy ensued and he may be facing decades behind bars. One person is now dead and his life may be irrevocably changed while five others were arrested for charges related to the event.

Texas Teenager Charged with Intoxication Manslaughter

A Texas teenager was arrested after his vehicle crossed three lanes of traffic just minutes after he left a bar on December 16 and crashed into an SUV. According to surveillance video from cameras at the bar, the teenager left the bar around 10:49 pm. At approximately 10:51 pm, his vehicle swerved across three lanes of traffic killing the driver of an SUV and injuring two other persons.

Continue Reading ››

 Posted on November 11, 2018 in Uncategorized

Earlier this month, police officers responded to calls about an early morning crash on Highway 59 in Stafford. When they arrived on the scene, they began to suspect that at least one of the drivers involved in the accident was intoxicated. Officers questioned 44-year-old Richard Robert Bryant and learned that he had been drinking earlier in the evening. He was arrested on suspicion of DWI after he failed field sobriety tests. A breath test was also performed, which showed that Bryant had a blood alcohol concentration of.149.

At trial, Bryant's attorney argued that Bryant had suffered a concussion in the crash. This, he claimed, is why he had performed so poorly on field sobriety tests at the scene. However, a concussion could not explain the fact that Bryant's blood alcohol concentration was nearly twice the legal limit. Bryant agreed to a plea deal with state prosecutors, in which he was able to secure a relatively light sentence. He's required to complete 12 months of probation but avoids time behind bars.

Continue Reading ››