Posted on June 22, 2025 in DWI

Driving while intoxicated (DWI) charges in Texas are not limited to activity on public roads. Even sitting in a parked car on private property can still lead to an arrest, and the law may treat the situation the same as if you were driving on the street. Understanding how Texas defines "operation" and "public place" is essential in building your defense, and a Frisco, TX DWI defense lawyer can help you challenge the evidence.

What Counts as a Public Place Under Texas DWI Law?

Under Texas Penal Code § 49.04, it is illegal to operate a motor vehicle in a public place while intoxicated. Statute § 1.07(40) defines a public place as anywhere that the public can access. This can include areas that feel private but are accessible to others. For example, parking lots for apartment complexes and shopping centers, as well as gated community streets accessible to residents or guests, are generally considered public places. Even driveways or garages visible and accessible to invitees or service workers can be labeled public. It is not enough to know that the property is privately owned. The question to consider is whether or not it is accessible to the public or a substantial portion of the public during the time that you were there.

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 Posted on June 19, 2025 in DWI

Being stopped, arrested, and charged with driving while intoxicated (DWI) is unnerving. You were likely confronted with requests for field sobriety testing and DWI breath tests. Most people in this type of situation are not sure what to do in the heat of the moment. Regardless of how the arrest went down or whether you failed a blood alcohol concentration (BAC) breath test, you should reach out to our experienced Prosper, TX DWI defense lawyers right away. Understanding the problems with BAC testing and how we challenge the results in court is important.

Understanding BAC Testing in Texas DWI Cases

Texas law enforcement commonly uses breath tests to check blood alcohol levels when they have probable cause to arrest someone for DWI. The state laws regarding DWI stipulate that the legal limit for drivers over the age of 21 is 0.08 percent, and the results of a BAC breath test can be used as evidence of DWI in court.

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 Posted on June 14, 2025 in DWI

Driving while intoxicated (DWI) and driving under the influence (DUI) are two separate charges in Texas, mainly distinguished by the offender’s age. People often use the terms interchangeably, but they have distinct meanings under Texas law, and DWI is more common and generally much more severe. If you are facing a DWI charge or need information regarding a DUI charge, a Fairview, TX DWI defense attorney can explain the laws that apply to your case. More importantly, they will help you build a strong defense to challenge the charge.

What You Should Know About DWI in Texas

The Texas Penal Code defines DWI as lacking your normal physical and mental faculties due to the consumption of alcohol, drugs, or a combination of one or more substances. If your blood alcohol concentration (BAC) while driving is above 0.08 percent, then according to the law, you are driving while intoxicated. Anyone age 21 or older who meets this definition can be charged with DWI.

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 Posted on June 05, 2025 in Drug Charges

Most people are aware that if you are caught with drugs, you will likely be charged with possession. However, not everyone knows that possession can sometimes elevate a charge for the intent to distribute. Texas law treats these as separate offenses with different penalties, and experienced Allen, TX drug possession defense attorneys will build a defense based on the type of drug charge and the unique circumstances surrounding the case. If you have been charged with drug possession or possession with the intent to distribute, consider the difference between the two and how the charges will impact your defense strategy.

What Is Drug Possession Under Texas Law?

According to the Texas Controlled Substances Act, a charge for drug possession refers to the illegal custody, control, or care over a controlled substance, which may include having drugs on your person or in your home or vehicle. "Controlled substance" is a broad phrase that encompasses narcotics, stimulants, chemicals, and other dangerous drugs obtained without a valid prescription. 

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 Posted on May 29, 2025 in Criminal Defense

On May 25th, a woman was killed after being struck by a jet ski in Grapevine Lake. This story has drawn national attention, and the defendants face serious charges. Given the grave allegations against the defendants, it will take an involved strategy from a criminal defense lawyer well-versed in the Texas Penal Code to properly defend against the charges.

At Law Offices of Biederman & Burleson P.L.L.C., we have represented clients accused of similar charges and secured trial victories for clients accused of vehicular manslaughter. In our experience, we have found that the best approach to fighting these charges involves a comprehensive review of the circumstances leading up to the death.

How Is a Hit-and-Run on a Jet Ski Prosecuted?

As you can likely guess, hit-and-run charges typically involve cars more often than watercraft. Rather than the Texas Penal Code, offenses involving boating accidents are detailed in the Parks and Wildlife Code.

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 Posted on May 18, 2025 in Criminal Defense

 The lasting impact of a criminal record can set your life back for years. Anyone who runs a background check on you can access your record, leading to unfortunate first impressions. The stigma of your record may seem inescapable, but you have options. A Texas criminal defense lawyer can help you pursue expunction of your record so you can move forward with your life.

Not everyone is eligible for expunction in the state of Texas. At Law Offices of Biederman & Burleson P.L.L.C., our lawyers can evaluate your case and explore your options to restore your reputation. We have over 25 years of combined experience in criminal law, and we can share our legal insights to help clear up any questions you may have.

Expunction for Non-Convictions

In general, if you were charged or arrested for a crime but NOT convicted, you can have your record expunged. This means that the record of the offense will be completely erased from public and private databases. For people looking to start fresh, this is an ideal option.

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 Posted on May 14, 2025 in Criminal Defense

If you are convicted of a misdemeanor or felony offense in Texas, you could face severe consequences that extend far beyond a prison sentence. Even if the violation seems minor, you should not take a criminal charge lightly. A Texas criminal defense attorney can help fight the charges against you, pursuing the best possible outcome.

The worst thing you can do when faced with criminal charges is to go in unprepared. At Law Offices of Biederman & Burleson P.L.L.C., our lawyers bring a wealth of legal knowledge and experience to support you from the beginning of your case to its conclusion. As skilled trial lawyers, we have a long history of success in the courtroom thanks to our aggressive advocacy.

Felony Convictions in Texas Can Affect Gun Ownership Rights

In general, Texas is a strong supporter of Second Amendment rights, and the state has a proud culture of responsible gun ownership. However, your gun ownership rights could still be suspended or revoked under certain circumstances. Case in point, if you are convicted of a felony offense, you will lose your right to possess a firearm.

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 Posted on May 05, 2025 in DWI

 In Texas, a charge of driving while intoxicated (DWI) can come as a serious shock if you have never had an encounter with the law before. Your first impulse may be to panic, but do not assume that the case against you has been decided just because you have been arrested. A Texas DWI defense attorney can review your case and question the prosecution’s evidence, exploring possible avenues to get the charges against you reduced.

At Law Offices of Biederman & Burleson P.L.L.C., we are highly familiar with the ins and outs of DWI charges in Texas. We can lend clear insights into your case and give you a better understanding of what evidence may be used against you. No matter the case, you can rest assured that we will do everything in our power to defend you in court.

What Chemical Tests Are Used for DWI Arrests?

Police officers often use blood or breath tests to determine a driver’s level of intoxication. This gives the prosecution a more scientific basis than hearsay or observations. The metric for impairment is known as BAC, or blood-alcohol concentration. If your BAC is at least .08 percent, you can be charged with driving while intoxicated.

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 Posted on April 28, 2025 in Assault

What starts as a quick scuffle can end with you in handcuffs and charged with a serious crime. Assault is strictly prosecuted in Texas, and depending on the specifics of your case, you could be sentenced to years in prison. A Texas criminal defense attorney can advise you of your rights if you have been charged with assault and help you build a strong defense.

Working with a skilled legal professional is immensely helpful for fighting a criminal charge. At Law Offices of Biederman & Burleson P.L.L.C., we are up-to-date on all laws surrounding assault in Texas. We can explore all possible defenses to help protect your rights.

Is Battery a Crime in Texas?

Many states make a distinction between battery and assault as separate acts. Usually "assault" refers to a threat of physical violence, while "battery" often refers to the act of making unlawful contact with someone else. In Texas, the two are one and the same. Making threats of violence toward another person is already covered under the state’s definition of assault.

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 Posted on April 22, 2025 in Criminal Defense

Getting arrested for shoplifting in Texas may not initially seem like a major problem. However, you may face strict prosecution in court, with irreversible consequences if you are convicted. If you have been charged with shoplifting, the best thing you can do is contact a Texas criminal defense lawyer as soon as possible.

At Law Offices of Biederman & Burleson P.L.L.C., we have experience defending against shoplifting charges and other theft crimes. When you work with our firm, we will give you a clear idea of the charges you face, the potential consequences, and how we can defend you. We have the resources and skills to represent you with confidence, protecting your rights in front of a judge.

Potential Fines for Shoplifting

If you are convicted of shoplifting, you could end up paying a hefty fine as a consequence. Shoplifting is prosecuted under Texas’ theft statute, and the fines increase based on the severity of the sentence.

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