Posted on September 09, 2021 in Uncategorized

If you hold a high-profile position in your community, a DWI arrest can be even more stressful. Your arrest may end up in the media; you may have reporters calling your home or people looking for your arrest records. That's what a Cibolo city councilman recently faced after a DWI arrest.

On August 8, 2021, the councilman crashed his car near Fazio Drive and Carnousty Drive in Cibolo. Police found him near his car in a large drainage ditch at about 1:45 am. He told officers he'd been driving home from a party where he'd consumed three beers. Police reported he had difficulty walking up the hill and then failed a field sobriety test. When an officer told him he believed he was drunk, the councilman agreed with him, stating, "I believe that." After he refused a breath BAC test, police got a warrant for a blood draw. The councilman faces a misdemeanor DWI charge after the court released him on a $3,000 bond.

Public Arrest Records

In Texas, arrest records are typically public records. As a result, anyone who runs a background check will find your arrest record, charge, and conviction for DWI. In some cases, however, you may be eligible to have your record expunged if:

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 Posted on September 09, 2021 in Uncategorized

Blood Test Tube Recall

Prosecutors and defense lawyers across Texas are dealing with the fallout from a leading medical device manufacturer's 2019 recall of nearly a quarter-million of the tubes used to collect and preserve blood drawn from a person suspected of drunk driving.

The official FDA record of the recall shows it applying to a full lot of BD 247,000 tubes. The manufacturer admits that it failed to add a preservative to the tubes, which could thus test either falsely high or low:

"Lot has been confirmed to have no additive within the tube. Sample processed without the preservative (additive) in the tube, testing has yielded reliable results if the samples were stored at room temperature for no longer than two days. If the sample was stored for more than 2 days, the result for blood alcohol determination might not be accurate (either falsely low or falsely high)."

The FDA record of the recall instructs police to immediately review tube inventory and destroy all recalled tubes. Consistent with that direction, the Texas District & County Attorney's Association instructed prosecutors across the state to notify law enforcement agencies "to stop using tubes from this lot." The reason to abandon the suspect tubes is clear: blood-alcohol evidence based on the faulty tubes would itself be suspect, given that the absence of preservatives could produce false blood-alcohol results.

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 Posted on September 09, 2021 in Uncategorized

If you're facing a DWI charge in Texas, you're undoubtedly worried about what will happen and how much it will cost you. Texas does take driving while intoxicated seriously. As a result, court-imposed fines and fees, as well as mandatory administrative fees imposed by the state of Texas, can be consequential. You may also need to add additional fees for an interlock device for your car, impound fees for your car, and more. That's why it's a good idea to consult an attorney who is an expert in DWI defense as soon as possible.

Court Imposed Fines

For a DWI conviction, you can face court-imposed fines on top of any possible jail time or license suspension. Texas increased the fines for DWI convictions and the enforcement in these fines varies greatly from jurisdiction to jurisdiction

• First DWI: For a first DWI conviction, you can face up to $3,000 in court-imposed fines, as well as three to 180 days in jail and up to a two-year license suspension.

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 Posted on September 09, 2021 in Uncategorized

When the police stop you, and they assume that you're driving while intoxicated, can this bias change the outcome of your traffic stop? Will their assumption that you're drunk change the outcome of a field sobriety test and the arresting officer's subjective decision-making? A Houston man recently faced this situation after an accident in Midtown.

The accident happened at 1 am on July 5, 2021, when a driver ran a stop sign in Midtown. The driver then t-boned a Houston police car transporting an inmate. The inmate sustained a head injury and was taken to Memorial Hermann Hospital. According to news reports, officers at the scene were trying to determine if the driver was intoxicated. According to Sgt. J. Uribe, "If he's intoxicated, it would be a DWI. If he's not intoxicated, he'll be written up for running a stop sign."

The DWI Arrest

In Texas, someone is driving while intoxicated if they are driving in a public area and have a blood alcohol content of.08% or higher or no longer have the normal use of their physical or mental faculties. However, the police can't just pull you over and arrest you for DWI right off the bat, even if they suspect intoxication.

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 Posted on August 08, 2021 in Uncategorized

If you're facing a charge for driving under the influence (DUI) or driving while intoxicated (DWI) in another state, you may think it's a relief that the arrest didn't happen in Texas. Texas treats DWI convictions seriously, with serious penalties and consequences to your driving record. But don't breathe a sigh of relief yet. Texas and 44 other states belong to the Driver License Compact Commission to ensure that drivers convicted of DUI or DWI in other states will still face the consequences at home. While penalties for DUI vary widely across the country, if a state belonging to the Interstate Compact convicts you of DUI, you will still face serious consequences in Texas.

The Interstate Compact

Texas has been a member of the Interstate Compact since 1993. Under the Interstate Compact, Texas treats an out-of-state DWI offense by one of its licensed drivers as if the offense and conviction happened in Texas. Texas could take both criminal and administrative action against you, including:

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 Posted on August 08, 2021 in Uncategorized

For many people, one or two arrests in a lifetime for DWI is simply a mistake – a tragic miscalculation of the amount you drank at dinner or an error in judgment on the part of the arresting officer. But for some people, multiple DWIs may be a sign of a more serious problem with alcohol or drugs. Even if a person does not have a problem, the perception of the prosecutor and judge will be that their is a serious concern or root problem that needs to be addressed.

A good example of this may be happening in a very public arrest related to a recent crash and DWI arrest involving a former Alamo city commissioner. Police responded to a crash in the 300 block of North 7th Street in Alamo at 3:43 am on May 26, 2021. As the first officer arrived on the scene, he reportedly saw a gray Ford F-150 traveling north away from the scene. The Alamo officer pursued the vehicle while a second officer arrived at the accident scene to help.

The victim of the crash and his passenger reported that he was traveling south when someone hit the front left side of his 2017 Honda Accord and left the scene of the accident without sharing information. An ambulance took the driver and passenger to the hospital. The Honda was reportedly a total loss, with more than $10,000 in damage.

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 Posted on August 08, 2021 in Uncategorized

More than 1.35 million people die on U.S. roadways every year, many of them unavoidable accidents. Driving can be dangerous, and it's also one of the top causes of death for many age groups in the U.S., including Texas. According to the National Highway Transportation Safety Administration, Texas has one of the highest rates of DWI-related fatalities, ranking in the top five in the U.S.

But these numbers aren't just statistics. If you're involved in a fatal accident, you may be feeling moral and legal guilt, worry, and depression. These feelings are normal for crash survivors, but they can also be devastating. If you're also facing charges for a DWI and intoxication manslaughter related to the accident, the trauma can be even more serious, as some Texas drivers involved in recent accidents may find. Accidents involving serious bodily injury and/or death is a giant human tragedy for all involved.

Fatal Accident Fallout

In Austin, police are still investigating a fatal accident involving a car striking a pedestrian. Police arrested the 40-year-old man on suspicion of DWI after he allegedly struck a 66-year-old pedestrian with his Chevy Impala. For a first DWI, drivers in Texas can face up to 180 days in jail, license suspension for up to two years, and hefty fines. But if a suspected DWI involves a crash, serious injury, or death, drivers can face aggravated criminal charges. The penalties for intoxication manslaughter, a second-degree felony, can involve two to twenty years in prison and up to a $10,000 fine.

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 Posted on August 08, 2021 in Uncategorized

If the police arrest you for a DWI outside of Texas, you may be wondering if this can affect your driving record in Texas and what consequences you might face in your home state. Out-of-state DWI convictions can impact your Texas driver's license, as a Texas mayor recently discovered. The small-town Texas mayor recently made national headlines last month after a DWI arrest led to his resignation. The police upgraded his charge to a felony DWI after discovering he had two previous convictions for DWI, a Texas conviction in 1999 and a Missouri DWI conviction in 2007.

Texas DWI Penalties

In Texas, a first DWI is a Class B misdemeanor, punishable by up to 180 days in jail, a license suspension of up to 180 days, and a $2,000 fine. Additionally, you will face another mandatory $3,000 administrative fine in addition to the fine imposed by the courts. A second DWI is a Class A misdemeanor, punishable by up to 12 months in jail and up to a $6,000 fine, in addition to administrative penalties.

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 Posted on August 08, 2021 in Uncategorized

If you're arrested for DWI while driving a rental vehicle, you may have many questions about how damage to a vehicle you've rented can affect your prosecution for DWI. What happens to the vehicle? And will my insurance cover this? After a recent accident on US-59 in Houston, one Texas driver is probably wondering all of these things.

Rental Truck Roll Over

Early in the morning of Monday, May 17, 2021, an Enterprise Rental box truck driver was traveling southbound on Chimney Rock at US-59 when the truck struck a stopped car sitting at the red light at the intersection. The truck then veered off the side of the road and struck a concrete pillar under the freeway, flipping the truck over. The driver reportedly had minor injuries, but thankfully no one was seriously injured. Police took the driver into custody on suspicion of driving while intoxicated.

After the Arrest

If you're arrested for DWI while driving a rented vehicle, the police will probably impound the car or truck. If you have another sober, licensed driver in the car, the police may allow them to drive the car back to the rental company. If they're feeling generous, they may even wait and allow someone from your rental company to come pick up the vehicle. But the police don't have to do this, and they may impound the vehicle anyway. If you need to locate it, you can use FindMyTowedCar.com or call the tow line at 713-308-8580. You can also let your rental company know, and they will track the car down. They will, however, charge you for any impound fees and any damage to the vehicle.

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 Posted on July 07, 2021 in Uncategorized

National media recently reported an allegedly drunken driver injuring an off-duty police officer in a vehicle crash. Few drunk-driving incidents make national media. But the injured officer just happens to moonlight as a film actor. And he also just happened to be running for mayor of the town where the crash occurred. Sometimes, truth is more interesting than fiction, real life more interesting than art. The story also illustrates two significant issues that can arise relating to a DWI arrest. One issue has to do with the field sobriety tests on which authorities in the above story charged the driver with a DWI. The other issue has to do with the fact that the injured party was a police officer.

When Should I Expect a Field Sobriety Test?

In the above story, authorities charged the driver with a DWI when she failed field sobriety tests after her discharge from the hospital. Officers use field sobriety tests like walking a line, touching the nose with eyes closed, or balancing on one foot, for evidence of intoxication. Officers having reasonable suspicion to make an investigatory stop will observe the driver as they request license and insurance. If they smell alcohol, hear slurred speech, notice unsteady gaze, or have other indications of intoxication, then they may request a field sobriety test. Expect a request once officers notice something suspicious. You need not comply with a request, but refusing a field sobriety test won't stop your DWI arrest.

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