It is often said that DWI cases are some of the most technical cases in criminal law due to the specialized police procedure and science involved. While that is certainly true (particularly compared to other misdemeanors), they are also cases that allow for a high degree of creativity when crafting a defense. As can be…
Category: DWI

What Happens if you get Arrested for a Second DWI?
Unfortunately, the reality is that if you have a first DWI on your record, that significantly raises your chances of being arrested and charged with DWI a second time. After a first DWI conviction, when you are stopped by police, if you smell like alcohol, a police officer (who will generally have access to your…

Can you get a DWI if you Weren’t Driving?
Every year, hundreds of people are arrested for DWI in the Greater Houston area and one common scenario is that a person gets arrested for DWI when they were not actually in the act of driving a car. It is not uncommon for a person asleep behind the wheel, or even just sitting in a…

What happens if you get arrested for DWI after an accident?
Being arrested for DWI can be a terrible experience that can be significantly more stressful if there is an accident involved. In the Houston area, most DWIs do not involve accidents, but accidents are far from uncommon. If you are involved in a DWI involving an accident, it is critical that you consult with an…

What happens if you are arrested for DWI after smoking marijuana?
Marijuana usage is increasing throughout the country as it is becoming more socially acceptable. Although marijuana is still illegal in Texas, a growing number of states have passed laws legalizing recreational marijuana. In the Houston area, the number of marijuana-related DWI arrests is increasing. Contrary to what some people believe, you can be convicted of…

Can you get a DWI in a Self-Driving Car?
New technologies often present the legal systems with challenges and uncertainties and the rise of self-driving vehicles is no different. In the context of DWI cases, one of the most interesting issues will be when the driver of a fully autonomous vehicle is operating a vehicle for purposes of proving that a person committed the…

Why You Should Blow Instead of Giving Blood in a DWI Arrest
If you are arrested for DWI anywhere in the Greater Houston area, it is very likely that you will give a breath or blood sample, either voluntarily or not. After you are placed under arrest for DWI, an officer will typically ask you to give a breath or blood sample. What should you do? Consent…

What is a disconnect defense and how can it help me beat my DWI?
If you gave a breath or blood test in your DWI, you have to employ a sound strategy to convince a jury that the result is not accurate. The reality is that most juries tend to trust police labs and scientific results. One common strategy employed by DWI attorneys is known as the “disconnect defense.”…

Can You Be Charged with a DWI for Sleeping While Drunk in Your Vehicle
When you’ve had a bit too much to drink you know it’s not safe to drive. In an effort to avoid doing so, you figure you’ll sleep it off in your car so that you can avoid any issues. Unfortunately, you may be surprised to learn that you could still find yourself in trouble. It’s…

Five Things to Know Before Being Pulled Over For DWI
If you live and Texas and aren’t a teetotaler, chances are at some point, you will be behind the wheel of a vehicle after having had a drink – or several. Contrary to DPS propaganda that would like you to believe that the law is as simple as “Drink, Drive, Go To Jail,” drinking and…