Posted on April 08, 2020 in DWI

In some states, DWI (driving while intoxicated) and DUI (driving under the influence) are considered synonymous. However, in Texas, DWI and DUI are actually two distinctly separate charges. That is because DUI involves underaged drinking, whereas DWI can apply to anyone who is of legal drinking age. The two charges are legislated, enforced, litigated, and penalized differently. Below is a closer look at these offenses and their corresponding consequences.

DUI: Definition and Enforcement

DUI is a charge brought against anyone under the age of 21 who is found to be operating a motor vehicle or boat while under the influence of drugs or alcohol. Unlike DWI, blood alcohol content (BAC) levels are unnecessary in proving that someone has consumed alcohol for these charges. A police officer can claim that a young person is “under the influence” by merely smelling alcohol on his/her breath. In addition, the driver does not need to be drunk or otherwise impaired to be charged with a DUI.

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 Posted on March 26, 2020 in DWI

Even though you may not have had an ounce of alcohol all day, it is still possible to be pulled over by a police officer who accuses you of driving while intoxicated (DWI). You may believe you are safe from any criminal charges; however, if you recently consumed something else that might have impaired your driving, you may face legal consequences. This is because in Texas, to meet the requirements for a DWI charge, a driver does not necessarily have to exceed the legal limit of .08 percent blood alcohol concentration (BAC). If you are operating a vehicle and do not have full use of your physical and mental abilities due to the effects of a controlled substance, then you may still be charged with a DWI, such as a prescription drug DWI.

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 Posted on March 24, 2020 in Criminal Defense

With several Texas cities closing bars and restaurants, more than 500 cases of the virus in the state at the time of this writing, and at least seven deaths reported, it is clear that the COVID-19 pandemic has hit Texas hard. In response, the Texas National Guard will be activated to assist with the outbreak if necessary. However, did you know that, depending on the laws enforced during a pandemic like this, you can be arrested if you refuse to quarantine or isolate when you are suspected of being infected? It is true, and in those cases, you will need a strong criminal defense strategy. Consider the below facts—and stay safe.

Texas Health and Safety Codes

In Texas, there are various health and safety codes that dictate how local governments and citizens must deal with an outbreak like coronavirus. For the most part, the rules are broad to allow for an open interpretation depending on the situation. Here are some of those Texas health codes:

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 Posted on March 13, 2020 in Drug Charges

A few years ago, hemp was legalized at the federal level thanks to a Farm Bill that enables people to cultivate, sell, and possess the hemp plant and hemp-related compounds, such as CBD (cannabidiol). In these cases, the level of THC (tetrahydrocannabinol) content found within the product must be less than .3 percent. Hemp and marijuana are both cannabis plants, but marijuana tends to contain much more THC, making it a drug that can provide its users with a high. Since the Farm Bill has made CBD products more common, and marijuana has been legalized in other states, Texas has also changed its policies. In June of 2019, Texas passed a bill legalizing hemp such that the state would be in agreement and coordination with the federal government. However, despite this new legislation, you cannot buy just any edible product that contains CBD, and possession of any product with a THC level above 0.3% could lead to potential criminal consequences. In some instances, possessing marijuana edibles could land you in jail, and some prosecutors in Texas are even issuing warnings to the public that the wrong edible could bring with it significant penalties.  

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 Posted on March 09, 2020 in Family Violence

From an outside perspective, it could seem as if a family violence case is open-and-shut in favor of the alleged victim and the prosecution, but the truth is that these cases are a lot more involved and complex than you might think. There are many elements of these types of allegations that can be legitimately and convincingly argued from both sides of the courtroom. In fact, criminal defense approaches and strategies for these types of charges can be especially effective for someone facing such serious accusations.

Effective Defense Strategies

An experienced criminal defense attorney will review the case thoroughly and examine all evidence. Some of the methods used to defend against family violence charges include:

• Instilling reasonable doubt—The prosecution must prove “beyond a reasonable doubt” that a defendant is guilty of the family violence charges. The defense can work to undermine this by:

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 Posted on February 27, 2020 in Criminal Defense

If you are facing charges of intoxication manslaughter, you might be wondering if this is a completely indefensible offense that cannot be adequately challenged in court. Of course, it is natural to have all of these worries and fears when this type of tragedy happens. You might even feel an overwhelming sense of guilt as you struggle to see a way out. However, the truth is that with the right criminal defense attorney, you could be found not guilty, have the case dismissed, or have your charges significantly reduced. Your lawyer can help you determine the best defense strategies that will allow you to achieve a positive outcome to your situation.

Effective Defense Strategies With Intoxication Manslaughter

While it might seem as if a charge of intoxication manslaughter cannot be overcome in court, there are a variety of ways to challenge or defeat these charges, including:

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 Posted on February 21, 2020 in Criminal Defense

An expunction allows people to remove certain arrests, charges, and convictions from their permanent criminal records. Once those offenses are legally expunged from your record, you have the right to deny they ever happened. It is like receiving a clean slate in the eyes of the law. In many cases, this grants you the opportunity to start and receive a fresh start so that you are not judged for prior mistakes. This can help with securing employment, buying a house, renting an apartment, or applying for a car loan. There are specific legal steps that must be followed for an expunction, and it is crucial to work with a skilled criminal defense lawyer who can help ensure that your request for expunction will be approved.

Steps for Seeking an Expunction

Obtaining an expunction can be a complicated and challenging process, but with the right lawyer, it can be accomplished as quickly and efficiently as possible. Here are some basic steps to take if you are seeking an expunction:

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 Posted on February 13, 2020 in DWI

Under Texas law, there are multiple different offenses regarding driving while intoxicated (DWI), and you could be charged with a misdemeanor or a felony, depending on the circumstances. Ultimately, which crime you are charged with depends on your history and your BAC level. Here is a closer look at each type of charge related to DWI:

Definition and Penalties for Class A DWI Charges

A Class A DWI charge is more severe than a Class B offense, because it can imply repeat offenses of a similar crime or a stronger case for the prosecution due to sobriety test results. In particular, if someone is charged with a Class A DWI offense, the following might be true:

• The State has evidence of the DWI.

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 Posted on February 10, 2020 in DWI

One of the most serious offenses related to DWI is intoxication manslaughter. This is the primary reason people are pulled over for driving while intoxicated in the first place: to ensure that deaths resulting from impaired drivers do not take place. With Texas leading the nation in traffic fatalities and the country itself seeing an increase in such tragedies by nearly one-third over the last decade, you or someone you know could be faced with the consequences of intoxication manslaughter if you are involved in an accident. Therefore, it is important to know how Texas law defines this crime and its potential penalties.

Manslaughter Versus Murder

Before understanding intoxication manslaughter, it is helpful to know the difference between manslaughter and murder. While both manslaughter and murder result in someone’s death as a consequence of actions taken by the defendant, in the case of murder, the accusation implies that the defendant had malicious intent. With the crime of murder, the prosecution alleges that it was the defendant’s goal to kill the other person; however, with manslaughter, the death is considered a result of alleged recklessness on the part of the defendant. In regard to intoxication manslaughter, a death in a car accident while a person is impaired is typically not considered murder. Instead, it is usually considered manslaughter, since the majority if not all of these cases lack malicious intent.

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 Posted on January 10, 2020 in Criminal Defense

With the start of the new year, it is worthwhile to consider the latest changes to criminal laws in the state of Texas. While the laws regarding how crimes like driving while intoxicated (DWI), drug charges, theft charges, and assault charges are prosecuted will largely remain the same, there is a definite financial impact to some of the latest legislation. Whether the changes will directly affect you depends on the types of charges you are facing and the circumstances of your case.

No More Surcharges Under Safe Driving Program

One major legislative move by the Texas legislature has to do with safe driving. Beginning in September of last year (2019), the Driver Responsibility Program (DRP) was repealed. In case you were unaware of this program meant to encourage safe driving, it imposed surcharges on people with traffic-violation-related points and/or convictions on their driving record.

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