DUI News Blog The Latest DUI News and Information From DUI Defense Attorneys Across the Country

Did you know that a deadly weapon finding may have an impact on your eligibility for DWI probation? Texas law limits a judge or jury’s authority to order or grant probation on certain offenses. These are typically what DWI lawyers refer to as “3g” offenses. This list includes, but is not limited to: Murder, Sexual Assault, Injury to a Child, and Compelling Prostitution. More importantly, though, the law limits a Judge’s ability to grant probation when the offense involves a ... Read More »

In general, all United States citizens and lawful permanent residents possess eligibility to apply for Global Entry. This is a program through Customs and Border Protection that allows for expedited clearance for pre-approved, low-risk travelers. That said, Customs my deny eligibility for a variety of reasons such as providing false information on the application and a finding of customs violation for *any* country (not just US Customs violations). However, there are 3 important reasons related to criminal defense that everyone ... Read More »

Generally speaking, blood is considered the “gold” standard in forensic testing.  Many DWI blood test errors occur without anyone in the prosecutor’s office understanding or caring. Please see attached the same blood tested by the State (.36) and an independent retest (.25). Under Texas law both labs have been certified by the Texas Forensic Science Commission to meet blood test admissibility standards.  Although the blood is far above the legal limit, this is not the issue. The fact both blood ... Read More »

It is particularly accepted that that the rules of evidence do not apply to probation revocation hearings in Texas. This is a dangerous practice when it comes to people’s liberty. Courts are starting to push back against this practice, but many issues still exist when it comes to probation revocation proceedings. Torres v. State Facts A recent case out of the 1st district of Houston is hopefully a step in the right direction. In Torres v. State, No. 01-18-01074-CR (Tex. ... Read More »

Though many don’t realize it, most Texas DWI cases involve blood tests rather than breath tests. This is in large part because of the fact that the law allows police to draw your blood by getting a warrant if you refuse to give breath or blood. Regardless of whether police drew blood as a result of consent or a warrant, there are many issues surrounding the reliability of the result of a blood test. This is in addition to the ... Read More »

The News reports that jails are releasing inmates due to COVID-19.  Is this true?   Yes. It has been reported and confirmed that inmates in Harris County, Dallas County, some Texas prisons and a juvenile detention center have COVID-19.  This is a problem due to increased community spread in the jail environment; which outside of putting inmates’ health in danger, endangers the lives of the jail and prison staff and adds more pressure to the hospital community.   Are jails ... Read More »

Please be aware that if you are the holder of a private security registration license, such as a home security system installer, that certain offenses can suspend your license. Most serious offenses, such as murder, assault, and burglary, can result in suspension. Driving while intoxicated IS NOT, by itself, an offense that may result in suspension. However, if you commit DWI in your capacity under the registration, then a DWI may still result in suspension. Any offense that may deem ... Read More »

A traffic stop based only on unconfirmed insurance lacks the reasonable suspicion required for a search and seizure. The 4th amendment of the Constitution protects citizens from unlawful search and seizure. This protection comes to life in Texas under the Texas Constitution, Article 1, section 9.  This is a wide net.  This means that the “ends do not justify the means.”  The police cannot break the law to enforce the law. For example, they can’t illegally enter into a house ... Read More »

The problem with forensic science In 2009, a study funded by the United States Department of Justice exposed the massive problems with forensic science being admitted into courtrooms across America. Unfortunately, these problems still exist. In 2015, the FBI released devastating news. The FBI determined that the government has sponsored laboratory witnesses who testified wrongly in 33 death penalty cases. The study was too late for nine cases where the execution had already occurred. For five of the cases, the ... Read More »

What are judges and prosecutors concerned with on a DWI? One of their main concerns is recidivism. Contrary to popular belief, the average rate of repeat for a first time DWI is approximately 21%[i]. Most first time DWI offenders made a mistake and will never be back in the system. In fact, most are going to punish themselves far greater than what a court or prosecutor could do to them. Does BAC (blood alcohol concentration) on their DWI predict their ... Read More »