Posted on March 11, 2024 in DUI/DWI

While a simple DWI is normally a misdemeanor, if you had a child under 15 years old in the car, you could instead be charged with a felony. If the child in question was your child, your spouse will likely be quite angry with you for putting your child in harm’s way. This situation sometimes leads to CPS involvement, which can put enormous strain on a marriage. It is unsurprising that many couples get divorced after one of them is charged with DWI while their child is in the car. Facing this serious felony charge can have an enormous impact on your divorce proceedings and the type of child custody arrangement that will be ordered. There is a substantial chance that the family law court will view you as a potential danger to your child. It is important to be represented by a skilled Houston, TX, DWI defense lawyer who can work to mitigate the seriousness of your case.

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 Posted on March 04, 2024 in DUI/DWI

While getting a DWI and losing your driving privileges temporarily can be an enormous hassle for any driver, the problem may be much worse if you have a commercial driver’s license. You likely need your driving privileges not just to get to and from work, but to actually do your job. Being unable to work can cause serious financial problems not only for you, but for your entire family. CDL holders have much more to lose than most people if they are convicted of a DWI. Even getting arrested on suspicion of DWI can cause you to instantly lose your job and have your personal and commercial licenses suspended. If you are a CDL holder who drives for a living, it is important to contact an experienced Houston, TX, DWI attorney as soon as you are arrested.

Lower B.A.C. Limits for CDL Holders

Most drivers can be convicted of a DWI if their B.A.C. was over 0.08% while they were operating a vehicle. CDL drivers are held to a higher standard. People who hold a CDL can be convicted of a DWI for having a B.A.C. over only 0.04%. This may mean that, unlike most people, you cannot drive home after having just 2 or 3 drinks over dinner. You would need to exercise much greater caution than most drivers, as you might not feel drunk or look drunk to others at this B.A.C.

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 Posted on February 27, 2024 in DUI/DWI

What does the weather have to do with getting arrested on suspicion of driving while intoxicated? Quite a bit - bad weather conditions can cause problems with roadside sobriety tests, and can even provide an officer with a reason to make a traffic stop they otherwise could not have made. Even sober and cautious drivers may be at the mercy of slippery roads. People undergoing field sobriety tests can also have their results impacted by the presence of certain weather conditions. Is it really fair that one person’s balance is tested on a nice day with nothing but a gentle breeze, while another person is expected to produce the same results in high winds and rain? If you were accused of a DWI during a period of nasty weather, an experienced Houston, TX DWI lawyer may be able to show the court that the weather played a role in making you appear more intoxicated than you were.

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 Posted on February 22, 2024 in Criminal Defense

The prosecutor assigned to your felony case probably does not want to go to trial any more than you do. As a criminal defendant, you do have the right to demand a fair trial before a jury of your peers if you decide that is what is best for you. However, trials can be risky for both sides. The prosecutor risks losing the case entirely and seeing you get acquitted of all charges. You risk getting convicted of a felony when you could have had your offense reduced to a misdemeanor by accepting a plea bargain. Defendants who are convicted at trial are often sentenced more harshly than those who plead guilty, as trials can take up a significant amount of the state’s time and resources. That said, you may have a valid defense that makes going to trial worth it. Your Houston, TX, criminal defense lawyer can help you decide how to plead and whether to change your plea

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 Posted on February 12, 2024 in DUI/DWI

Yes, you can be charged with and convicted of Driving While Intoxicated even if you were under the influence of a medication you were prescribed. Texas’s DWI statute is not specific to just alcohol. Although you cannot be charged with possession of your own prescription medication, you can be charged for driving after taking a medication known to cause intoxication. This may seem counterintuitive. However, many prescription medications can impair a person's ability to drive safely. If you were pulled over after taking a prescription medication, it is likely a police officer noticed the effect the medication had on your driving ability. An experienced Houston, TX, DWI attorney can help defend you and in many cases, prevent you from facing jail time.

Common Prescription Medications That Can Lead to a DWI Charge

Many common prescription medications, including pain medications, certain anxiety medications, and a number of pills that are prescribed to help people sleep, can make driving dangerous. You may be convicted of a DWI for driving under the influence of: 

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 Posted on February 06, 2024 in Uncategorized

The difference between the penalties for simple and aggravated assault can be severe. However, the line between these two offenses can be a fine one. Often, prosecutors will initially charge aggravated assault in any case where they believe the more serious charge could possibly stick. A skilled Houston, TX, criminal defense attorney can often have an aggravated assault charge reduced to simple assault, either by showing that the evidence does not support the felony charge, or through plea bargaining. If you have been charged with either offense, it is important to take your case very seriously and seek out legal representation promptly. Both charges could result in jail time or other major consequences. 

Understanding the Line Between Simple and Aggravated Assault

Texas criminal law pertaining to assaultive offenses describes two main reasons why an assault might be deemed an aggravated assault. While the law is intended to be objective, there is some room for debate when a prosecutor is trying to prove that an assault was aggravated while a defense lawyer argues that it was not. 

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 Posted on January 26, 2024 in DUI/DWI

DWI offenses in Texas are very serious charges that can have a cascade of negative implications on the individual charged. Of course, these implications become even more dire if a person is not only charged but convicted. In many Texas DWI cases, an officer may request an individual suspected of DWI undergo a blood test to examine further whether the person is intoxicated. The officer must obtain a search warrant to draw the blood in such cases lawfully

If a blood draw was part of your DWI arrest, you need an aggressive lawyer to come to your defense immediately. There are defense strategies available that only an experienced attorney will be able to employ in your defense. To give yourself a fair shot at battling these charges, contact a skilled lawyer.

Understanding Blood Draws in Texas DWI Cases 

In Texas, law enforcement officers can request a blood draw from a suspected DWI offender to determine their blood alcohol concentration (BAC). This evidence is often deemed highly reliable and can significantly impact the outcome of a DWI case

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 Posted on January 19, 2024 in DUI/DWI

While you may be familiar with DWI in the context of a motor vehicle, Texas and federal law have stringent laws regarding flying while intoxicated, referred to in the state of Texas as FWI. It is strictly illegal to operate an aircraft while under the influence of alcohol or drugs. If you are facing charges relating to FWI, you need the professional services of an experienced criminal defense lawyer

Legal Blood Alcohol Concentration Limits

According to the Federal Aviation Regulation, it is against the law to operate an aircraft under these circumstances:

• If you have consumed alcohol within eight hours, you are prohibited from operating an aircraft

• If you are under the influence of alcohol whatsoever, you are prohibited from operating an aircraft

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 Posted on January 12, 2024 in DUI/DWI

Over the New Year’s holiday weekend that ran from December 28, 2023 to January 1, 2024, there were more than 200 arrests for DWI in Houston and Harris County. These arrests occurred as part of an initiative by law enforcement to crack down on drunk driving and improve public safety. As part of this initiative, the holiday weekend was a "no-refusal weekend" in which district attorneys worked together with police to issue warrants that allowed for blood tests of DWI suspects.

If you were arrested for DWI over the New Year’s holiday, or if you have been charged with DWI following a blood test, you will need a strong legal advocate on your side to help you defend against a conviction. An attorney who is skilled and experienced in DWI cases can help you understand the best ways to address the charges against you, the results of blood alcohol tests, and any other issues that may affect you as you work to prevent a criminal conviction and limit the ways a DWI charge will affect your life.

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 Posted on January 03, 2024 in Violent Crimes

Vehicular assault is a serious offense that occurs when a person uses a vehicle as a weapon to cause harm to someone else. In Texas, the laws surrounding vehicular assault are strict and precise, aiming to protect public safety and hold individuals accountable for their actions. If you are facing charges related to vehicular assault, contact a lawyer right away. Your serious charges must be countered with an aggressive and robust legal defense.

Legal Definitions of Vehicular Assault in Texas

In Texas, vehicular assault is defined as intentionally, knowingly, or recklessly causing serious bodily injury to another person by operating a motor vehicle. Serious bodily injury refers to injuries that create a substantial risk of death, cause permanent disfigurement, or result in the loss or impairment of a bodily function or organ. It is important to note that the intent to cause harm is not required for a charge of vehicular assault; the act of operating a vehicle recklessly or negligently that results in serious bodily injury is sufficient to warrant prosecution.

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