A Deep-Dive Into Texas DWI Laws

Howdy folks! If you’ve landed here, you’re probably wondering about the ins and outs of Driving While Intoxicated (DWI) laws in Texas – or maybe, you’re just a law enthusiast looking to pad your knowledge. Well, you’re in for a treat. Saddle up as we journey through the Texas legal wilderness and wrangle some of the thorniest aspects of DWI laws. Let’s go, partner!

The Texas Two-Step: Defining DWI

You see, Texas Penal Code § 49.04 gets right to the point about DWI. It’s as plain as day – operating any kind of vehicle, aircraft, watercraft, or amusement ride while intoxicated is a no-go. “Intoxicated,” here, isn’t just about how much whiskey you’ve knocked back at the saloon. It also factors in whether you’re mentally or physically impaired due to alcohol or other substances.

Now, y’all might be thinking, “Wait a second, isn’t there a specific number that defines ‘intoxicated’?” You’re sharp! That magic number, according to Texas law, is a blood or breath alcohol concentration (BAC) of 0.08%. Yep, that’s the line you don’t want to cross, or you might find yourself in a heap of trouble.

DWI Penalties: Where Rubber Meets the Road

But what exactly does “a heap of trouble” look like in Texas? Strap in, because the Lone Star State doesn’t take DWI lightly. The penalties vary based on your offense count, whether there’s a kid in the car, and the level of your BAC. Here’s how it shakes out:

First DWI Offense: You could be looking at a fine up to $2,000, between 3 and 180 days in jail, loss of your driver’s license for up to a year, and an annual fee of $1,000 or $2,000 for three years to retain your driver’s license. Yikes.

Second DWI Offense: Things get hairier with a second offense. Penalties include a fine up to $4,000, one month to a year in jail, loss of your driver’s license for up to two years, and that same annual fee for three years.

Third DWI Offense: At this point, it’s safe to say you’re in hot water. A third offense can result in a $10,000 fine, 2 to 10 years in the state penitentiary, and you guessed it – potential loss of your driver’s license for up to two years and the annual fee.

Now, if you’ve got a child passenger under 15, penalties skyrocket – fines can reach $10,000, jail time can stretch to two years, and you could lose your driver’s license for 180 days.

The Wide World of DWI Tests

Now you might be pondering, “How do they figure out if someone’s over the limit?” Great question! Under Texas Transportation Code § 724.011, if you’re pulled over and suspected of DWI, you’re considered to have already consented to taking a blood or breath test. This is known as “implied consent.”

Refuse the test, and you’ll face an automatic 180-day license suspension for the first refusal. For any subsequent refusal within ten years, expect a two-year suspension. But here’s the kicker – refusing the test doesn’t guarantee you’ll avoid a DWI charge. If the officer has probable cause, you could still be arrested and charged with a DWI.

Field Sobriety Tests: The Texas Tango

Before we wrap up, let’s chat about field sobriety tests. It’s like the Texas Tango, only less fun and more likely to lead to a DWI charge. The most common are the Horizontal Gaze Nystagmus, the Walk-and-Turn, and the One-Leg Stand.

None of these tests are infallible, but failing them can certainly land you in some hot chili. It’s important to remember you have the right to refuse these tests. However, refusal could raise suspicion and might not save you from an arrest if other signs of intoxication are present.

Alright folks, we’ve covered quite a bit of ground on our legal trail ride. From understanding what constitutes a DWI in Texas to the varying penalties, to the intricacies of DWI tests, I hope you’ve found this journey insightful. Remember, the best way to avoid wrestling with DWI laws is simple – don’t drink and drive. As we say in Texas, “Drive friendly, the Texas way!”

Tips for Hiring a Criminal Defense Lawyer

Man arrested and in need of a criminal lawyer in Austin

If you were arrested and accused of a crime in Texas, it’s in your best interest to find one of the best criminal lawyers in Texas that you can find. When a person is accused of a crime, they must take measures to defend themselves regardless of their guilt or innocence. When hiring one the many criminal lawyers in Texas, it’s essential to ensure they’ll fight the charge against you rather than making a quick deal with prosecutors, which involves you pleading guilty, to close the case. They’ll try to sell you on the idea of getting the matter resolved quickly and cheaply, which isn’t in a defendant’s interest.

The Real Criminal Lawyers in Texas

The Men & Women Who Fight the State

Most criminal defense lawyers in Texas take pride in taking a case to a full-blown jury trial, then winning. Other Texas criminal defense attorneys want to rake in as many legal fees as possible regardless of the fate of the accused party that they are charged with representing. Not all criminal lawyers in Texas are part of the criminal defense wing of the criminal defense bar, some of them are part of the prosecutorial handjob and masturbation end of the spectrum.

RELATED NEWS: Leukemia sidelines prominent Austin criminal defense lawyer

When a Texas criminal defense lawyer accepts legal fees from a person who has come to them for help, it is their job to leave no stone unturned in their fight to get their client exonerated of all criminal charges. In the situations where the defendant intends to plead guilty in court, it’s their lawyer’s job to fight for the absolute minimal consequence.

When hiring a criminal defense lawyer in Texas, it might be a smart idea to meet with more than one attorney. I would say prior to hiring a lawyer, that you speak with at least three or four attorneys to get an idea of how they would handle your case. If the attorney doesn’t seem confident, or if he or she suggest a plea deal, then you may want to get another opinion from another lawyer. And by the same token, if you meet with an attorney that says he can get your case dismissed, it may be a smart idea to speak with another attorney to see if you can cooperate his confidence with one of his colleagues. If you can do that, then I think you have successfully completed the prerequisites to ensuring that you don’t hire the wrong defense attorney.

If you or a loved one are threatened with criminal prosecution in Texas, following these steps should land you in the hands of the best criminal defense lawyer for your case. This article should not be construed as legal advice. For legal advice, contact a licensed Texas criminal lawyer in Austin.

Los Angeles & Special Event Security Contractors

Sometimes, things just don’t go as planned. Maybe you’ve been put in charge of hosting an event that needs armed or unarmed security guards in Los Angeles, and you’re concerned that you won’t be able to find anyone that will be able to help. Well, you can go right ahead and put that fear to rest. There are security guard options that allow for someone to be sent out to you regardless of your last minute need.

What Qualifies as “Emergency Security”

We’ve summarized the bare basics of what “emergency security” means, but there’s more to it than just “sending a guard at the last minute.” To have someone sent out on such late notice means that first, you’re going to have to contact the main office of their agency and have them arrange for a guard to come out to assist. That already covers the immediate benefits of being able to call for emergency aid, being able to contact the office of a security team at all hours and have them respond to you so quickly. It means that you’re already well on your way to dealing with a team that you can trust.

Bear with us while we give you something to ponder over. You’re a part Universal Studios Hollywood’s staff in Los Angeles and suddenly you hear that there’s a group of people that go around breaking into people’s cars to steal the belongings that they’ve left inside. You and your fellow staff members now have an issue, because you can’t just close down the entire park because some people have decided that they want to take things that don’t belong to them. At the same time, this group has managed to go relatively unnoticed until now and it’s the peak of the season so you don’t have time to train your own personnel to deal with it.

This is a situation where you could consider hiring additional emergency security to assist in apprehending these people. Sure, you already have staff for your parking lot, but it wouldn’t hurt to hire on a few more people considering the circumstances. And truthfully, amusement parks are rather big on private security. They use the services for crowd control, to detect child kidnappers and prevent them from getting away with children, terror threats, and mishandling of rides by employees. Needing to employ some emergency staff for unforeseen situations is very much within the realm of possibility.

Basically, as long as that need for security is due to any of these reasons then it qualifies as emergency security.

  • Emergency situations that require attention immediately.
  • Security needs that arise because of unforeseen circumstances.
  • Temporary retail security for holidays (like Black Friday), renovation, or the failure of a store’s alarm.

Security Guards and Natural Disasters

Nationwide Investigations & Security, Inc.

I’m sure people from L.A. are sick of hearing it, but their city is rife with terrible weather. Earthquakes, Fires, and coastal flooding happen…not nearly as people make it sound, but it is still an issue that’s apart of the city just as much as bad weather is for anywhere else in the United States. That being said, if you ever were caught in any of these natural disasters there could be security guards sent out to aid you.

Many people decide not to evacuate because they don’t want to leave their things behind without knowing what could be happening to them. After all, though the reports of looting and rioting after natural disasters are a bit exaggerated; it is something that still happens. And though, trying to ride out dangerous weather is highly ill-advised, it is a bit understandable as to why some people make the decision not to leave. They’d rather take the risk that they can pull through while watching their belongings instead of taking the risk or leaving and coming back to all of their things having been ransacked.

Due to the extensive training that they receive, security guards are able to aid with evacuations and can help guide anyone that is unequipped to deal with the natural disaster on their own. They are able to provide commercial and residential security services in the event that civil unrest breaks out and can offer both armed and unarmed support to anyone that is in need of it.

Alarm Monitoring

Los Angeles Security Guards Can Help

Something that we’ve been alluding to throughout this entire article is that during severe weather or emergency situations in general, is that some people have a tendency to use other’s lack of awareness or unpreparedness against them. In the case of the Universal Studio’s Hollywood example, the park being largely uninformed and very busy is what could have provided the thieves the cover they needed to rob park goers if they left the situation unchecked. In the case of Natural disasters, everyone may be too busy trying to make sure that they and their families make it through the situation to be immediately concerned with their belongings and businesses.

Plenty of security guard services provide alarm and safety monitoring services which can be used to monitor things like break-ins and fires. These monitoring systems are able to work via telephone, mobile lines, radio channels, computers, and trained staff. If this alarm system is actually triggered, the security guards can either alert the authorities or come check the situation out themselves. This alarm, when triggered can scare off any intruders before they actually get around to stealing anything. This alarm system can be thought of an additional perk that any security guard service offers. It doesn’t matter if you’re actually in your house or away because with this system you can have that extra assurance that your belongings will be safe.

There are many reasons why you would want to look into getting a security guard detail in the case of any emergency that you may have. Maybe you have to contend with the unrest that can accompany severe weather or maybe you’re in need of some extra guards because of some thief prowling around your business. In Los Angeles, California, no matter what your reasoning may be, you can rest easier knowing that there is a reliable source of protection that you can turn to help guard you, your business and your belongings in event of an emergency or otherwise.

Understanding Criminal Appeals

Losing in court at the end of a criminal trial is not necessarily the end of the rope, so to speak. An experienced criminal appellate lawyer such as Mark W. Bennett can file a criminal appeal on your behalf in an effort to get the court to reverse or adjust its ruling.

If your conviction is reversed, you can get a new trial, or you might be acquitted of the charges against you. Taking advantage of the criminal appeals process affords the appellant a second chance in spite of the conviction or other ruling from the court. Having an experienced criminal appellate lawyer with skill and tact is of immense importance.

Making Your Criminal Appeal Count

The easiest way to get a court of appeal to reverse a conviction is to prove error in the trial. If the defendant had a decent defense lawyer during the trial, any errors made by the court and the judge should be preserved. If these errors aren’t preserved in the court record, the appellant and their criminal defense lawyer will face an uphill battle that they’ll likely lose.

Commons reasons for conviction reversals and sentence adjusts are due to improper sentence stacking, denial of rights during jury selection, and giving jurors incorrect or illegal instructions. A smart criminal defense attorney with a strong knowledge of the law and criminal procedure will have no trouble pointing out errors, and pursuing a corrective resolution to the matter.

Any good criminal defense trial and litigation lawyer needs to know their case-law. The best way to learn case-law is to dig into appeals and work to help individuals who have already been convicted. Make no mistake about it, the criminal justice system is not perfect as judges, jurors, and even criminal defense lawyers make mistakes that the individual charged will be forced to account for. Innocent people are convicted all the time in State & Federal courts around the nation. Even people facing extremely harsh penalties can benefit from the criminal appeals process. If the criminal justice system failed to carry out it’s duty, you’ll have recourse via the appellate process.

It’s important for defendants and their families to realize that a conviction isn’t the last straw, but other options to gain freedom or fair-treatment are available. A good appellate lawyer will want to hear your side of the story, but be advised that no new evidence can be presented via the appeals process. New evidence can only be presented in a new trial, granted that the appeals process was successful and the generating conviction was overturned.

The objective of the criminal appeals process and the courts of appeal are to correct misapplied laws and questionable actions by the court.

Texas DWI Offenses: Dangers and Legal Options

There are a number of a people arrested on a daily basis for driving while intoxicated in the Houston area, and Texas as a whole. Due to the massive number of deaths caused by DWI offenders, local law enforcement officials have stepped up their efforts of contain the problem, identify offenders, and charge them as criminals; whether guilty or not. There are a number of reasons this method of operation by law enforcement agencies is justified. The main reason Texas DWI enforcement is a mainstay of police agencies is because of the many dangers of operating a motor vehicle while intoxicated.

The Dangers of Drunk Driving

Death, injury, and property damage are the main dangers associated with Driving While Intoxicated. With such a value being placed on preserving life and property, it’s no wonder why so many people in Houston are arrested for drunk driving. With that said, just because you were arrested for DWI doesn’t necessarily mean you’re guilty, it only means you’ve been accused. With an attorney on your side that has experience, you stand more than a fighting chance of beating the charge in the court of law.

Knowing Your Legal Options

According to Tad Nelson’s website, DWI charges are scientific in nature, requiring an expert to review the evidence. What does this tell us? It tells us that an officer not only lacks the qualifications to make a determination of whether or not someone is intoxicated due to ingesting alcohol, but also that the prosecutor and the court may not have the knowledge to make a competent judgement either. This is where having a lawyer that specializes in fighting DWI charges can be a major benefit to a person either rightfully charged with drunk driving in Houston, or wrongfully so.

Finding the Best DWI Lawyer

When you’re looking for a qualified DWI defense attorney it’s best to review their website, credentials, and the online reviews of their clients. This will afford you insight into whether or not a top criminal defense lawyer is best for your DWI case.

For individuals accused of drunk driving, DUI, intoxication manslaughter, or for those looking for a way to get their Texas Driver License back following accusations of operating a motored vehicle while intoxicated, hiring a DWI lawyer like Tad Nelson is one of your best options. An experienced criminal justice attorney that’s focused on DWI cases will know the ins and outs of fighting DUI and related criminal charges.

If you’re serious about putting up a real fight against the state of Texas, keeping your criminal record clean and maintaining your Texas Driver License, it’s best to find a DWI attorney as soon as possible. By moving quickly, you’ll give your lawyer the best chance of winning for you in court or getting your case dismissed during pre-trial proceedings. We recommend reaching out to Houston DWI Lawyer Tad A. Nelson, 405 Main St. #804, Houston, TX 77002. Or, call them at 713-489-7373.

Texas DWI Offenses: Dangers and Legal Options

Fighting Texas Drug Charges with Your Lawyer

In many jurisdictions across the country, the “war on drugs” has resulted in serious penalties being placed on criminal defendants caught in its wake. While these lawmakers might have meant well, many law-abiding citizens have been caught in the undertow. If you’re being charged with a drug crime in the state of Texas, one thing should be immediately clear to you: you need an effective criminal defense going forward. An experienced drug defense attorney will ask a number of questions in order to provide a suitable defense for your current legal situation.

Likely Concerns of a Drug Lawyer

First of all, a competent defense attorney is going to ask if it was legal for the police to seize the alleged illicit substance in the first place. The average defendant is literally shocked to learn just how many seizures are subject to motions to suppress simply because they were done without a warrant or on the word of an informant.

Our constitution projects us all from such illegal searches and seizures. (See 4th Amendment)

Creating Reasonable Doubt

Even if the State of Texas can prove that the drugs were lawfully seized, there are other hurdles they’ll need to clear. There are a few more questions we can ask to raise reasonable doubt to a jury. First, can we prove that the drugs were actually possessed by the defendant? Second, can the prosecution establish that the defendant had the intent to distribute the drugs? And finally, if they can establish these two things, is there any type of situation where the damage of a “mandatory minimum” can be mitigated?

The next area that is extremely important would be that of probable cause. Although the threshold for probable cause can create some rather “airtight” cases, an experienced defense attorney will be able to use the idea of “probable cause” to their client’s benefit. For example, just because a search warrant claims that there is ample evidence for a defendant dealing drugs from his dwelling or place of business does not necessarily mean police have the right to search the defendant’s car.

Traffic stops are another area where criminal defense attorneys can be crucial in advising their clients. Remember, just because a police officer tells you to step out of your vehicle, it does not mean that they have the right to search your vehicle. There are an immense amount of people who admit they are carrying drugs, weapons, or other types of contraband simply because they are asked to exit their vehicle. This is unfortunate and has led to many needless convictions.

Finally, if you don’t get anything else from this article it is important to know all of your rights when it comes to police investigations. If you have gotten the attention of a police investigation, contact a lawyer immediately. They will be able to tell you how you should conduct yourself throughout the process. Generally, the sooner you contact a lawyer, the better your chances of having a favorable outcome to your case.

Fighting Texas Drug Charges with Your Lawyer

A Proven Federal Criminal Defense Lawyer

When a person is charged with a criminal offense in violation of federal law the stakes are far more extreme than say, a felony criminal charge in Houston, TX. Although every federal criminal case can differ tremendously as far as the details, there are a few things that remain the same, regardless of the criminal charge.

Grand Jury Investigation Proceedings

First off, is the The Grand Jury Investigation. In almost every federal case the first step by the United States Attorney’s office and/or the DOJ is set up this one sided investigation. The Federal Grand Jury has often been viewed as a kangaroo court by onlookers, but that’s a topic for another blogging.


The Federal Grand Jury is a group of people called in to court to review cases. Usually, people aren’t even aware their being investigation. The grand jury process is usually done in secret, without the defendant being the wiser.

If you were served with a subpoena, and need to contact an experienced federal criminal law attorney, contact Attorney Amber Spurlock.

Criminal Charges Amount To Dire Stress

Attorneys know very well the dangers of either self representing yourself, hiring a cheap or inexperienced lawyer, or having a public defender defend a person that’s accused of a serious criminal offense. Felony charges can amount to person serving their whole life in prison. That’s fine if the person is guilty, but a pure fuckjob for a person that’s innocent. And these fuckjobs are common and occur quit often.

To make a long blog post short, a lot of the innocent black men that in jail either had poor attorneys, or were railroaded from the start. Simply put, if a person is poor or under education, felony charges mean nothing less that a dire life changing circumstance.