In August 2010, a driver was stopped after he changed lanes without signaling. The law enforcement officer who stopped him was a Texas Department of Public Safety trooper. The trooper arrested the man, who was driving a Chevy Tahoe, and the driver was convicted of driving while intoxicated. The driver appealed the conviction, arguing that the trooper had violated his constitutional rights. Now, several years later, the Appellate Court has finally heard the appeal and ruled on the case. 

Our Texas DWI attorneys know that law enforcement cannot pull your vehicle over nor can law enforcement force you to submit to sobriety tests unless there is reasonable cause. The appeal of the Chevy Tahoe driver was based on the premise that there was no reasonable cause to conduct the search.  The appeals court, however, took a broad approach in this case in deciding what constituted probable cause for a search.

Breath Mints Can Create a Suspicion of DWI

According to The Newspaper.com, the trooper pulled over the Chevy Tahoe because the Tahoe almost hit a motorcycle that was pulled over. The trooper had been issuing a citation for speeding to the motorcycle rider when the Tahoe changed lanes without looking and nearly caused a collision. The trooper later claimed that he believed before he pulled him over that the driver of the Tahoe may have been intoxicated. This trooper said he believed this because of the bad driving.

Upon pulling the Tahoe driver over, the trooper said that he smelled alcohol right away and that the driver appeared to be nervous. The trooper was just going to give him a warning, despite these signs. However, when the trooper returned to the Tahoe with a warning notice, he smelled what he described as an “overwhelming” odor of mints.

The trooper asked the driver if he had taken a mint and the driver said yes. Based on this, the trooper order the driver out of the car, and the driver was subsequently arrested for drunk driving. The driver, however, indicated that the traffic stop ended when the trooper had given him back his license and his warning. He argued that anything that occurred after that would constitute an illegal detention in violation of constitutional protections.

The court acknowledged that after a traffic stop is over, law enforcement doesn’t have the right to go on a “fishing expedition” to try to find other wrongdoing. In this case, however, the court said that the use of the breath mint combined with the other signs of potential intoxication by the officer all came together to provide a reasonable suspicion that the driver was drunk. This wasn’t a fishing expedition, according to the court, but instead there was sufficient probable cause, and the driver’s Fourth Amendment rights were not violated since the search was justified.

The outcome of this case, which essentially indicates that use of a breath mint can be considered related to or evidence of a DWI, shows just how important it is to be careful if you have ever been charged with DWI or arrested for driving drunk.

If you need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951  today for your free consultation. More than 20 years experience.

Recently, KHOU Houston reported that a video had been released to the public showing a Travis County District Attorney prior to her drunk driving arrest. Police have cameras on the dashboards of their patrol cars and the video footage from these cameras is routinely used as evidence in drunk driving cases. The video released to the public featuring the District Attorney was taken before her arrest for drunk driving and showed that she was disoriented and that she stumbled during her sobriety tests. 

Our Texas DWI attorneys know that videos exist in pretty much every situation where you are arrested for drunk driving. Depending on the contents of these videos, the video in your case could either help you or hurt you. Either way, it is important to know what is on the video and to deal with it in a proactive way when you are facing DWI charges.

Video Evidence and Your DWI Case

Video evidence can be damaging to your DWI case if it appears clearly in the video that you were intoxicated. The video released of the District Attorney, for example, seems to provide a clear picture of someone who had consumed too much alcohol. The video revealed slurred speech; swaying; watery and bloodshot eyes; disorientation; uncontrolled emotions and mood changes; and failed sobriety tests.

While the District Attorney pled guilty to the DWI and is already serving 45-days in jail, this type of video is routinely used in the event that a case goes to trial. The judge or jury can see your actions and if those actions make it appear as if you were drunk, this bolsters the prosecution’s case against you.

Because the video can hurt you in court if you fail your sobriety test or look drunk, many people will advise you to decline a field sobriety test. Declining such a test can be wise, especially since there are lots of reasons that people might look disoriented in the video or while performing field sobriety tests. For example, if you are stressed, tired or have a physical impairment, it is possible you could fail your field sobriety test and the video might only show the failure and not the reason why.

On the other hand, a video from a patrol car or police car can also help you as well. The video can be used to raise questions about whether it was appropriate for law enforcement to stop you. Police must have probable cause before they can pull you over and if the video shows that you were driving safely and not breaking any rules, then the traffic stop may have been improper and evidence collected against you would be kept out of court.  If you did well and passed your field sobriety test, the video could also be proof of this that you can show to the courts.

Typically, you won’t know exactly what your video shows until you review it after you’ve been charged with drunk driving. Your DWI lawyer will obtain a copy of the video and help you to use its contents to strengthen  your defense or at least work to negate any potential damage to your case.

If you need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951  today for your free consultation. More than 20 years experience.

Our Texas DWI lawyers know that anyone who is found guilty of driving while intoxicated faces a potential jail sentence, a fine and other serious penalties. However, the consequences of drunk driving are far more severe if you are involved in an accident when you drink and drive. In fact, those who cause an accident that results in death can face manslaughter charges and years in prison. An intoxication manslaughter conviction carries a 120-day minimum sentence. While these accidents can be difficult for all involved, Houston DWI attorney Joseph LaBella has represented clients facing these types of serious charges. He has been successful in putting the mandatory minimum jail term at the end of a probation sentence. Clients for a variety of reasons usually want to postpone serving a jail sentence.

One recent Houston drunk driving case illustrated just how serious the outcome of a DWI manslaughter conviction can be. The 21-year-old defendant in the case was sentenced to eight years in prison.

DWI Manslaughter Leads to Eight-Year Jail Sentence

According to Chron.com, the young defendant was driving home from a party on a Sunday morning two years ago. Despite the fact that he was underage at the time and had already spent the night in jail once for public intoxication, the young man was over the legal limit while driving home. As he was driving drunk, he ran through a stop sign while traveling 50 miles-per-hour, striking the vehicle of a nun who was driving at 40 miles per hour and who was on her way to her mother’s house to pick up food that had been prepared for a youth retreat.

When police arrived, they found the nun trapped in her Honda Civil behind the steering wheel. The defendant had stopped his vehicle and was leaning against his car. A BAC test showed he had a blood alcohol content of .20. The nun was taken to the hospital and died a day after the accident.

The defendant was charged with DWI manslaughter because of the death. He faced the potential for 20-years in prison, but he plead guilty to the crime and was sentenced to eight years behind bars. His attorney had sought probation but a more stringent sentence was imposed.

The defendant was very remorseful about the accident and had begged for forgiveness. The nuns who attended the trial granted that forgiveness, noting that they believed his life had been spared for a reason. His guilty plea and his heartfelt apology may have contributed to the fact that he received eight years instead of the potential two decades.

Understanding DWI Manslaughter

In Texas, various types of criminal charges are brought when someone’s actions take a life. Manslaughter charges are appropriate when someone unintentionally causes a death through grossly negligent or egregiously reckless actions. Drunk driving can lead to an intoxicated manslaughter charge, which means a person can be held responsible for a death even if he didn’t mean to cause it.

In this case, the defendant’s decision to drive drunk with a BAC of .20 was considered to be egregiously reckless, leading to his conviction. Of course, the terrible facts of the case and the fact that his victim was a nun likely created a great deal of sympathy that may have influenced the sentence that the young man ultimately received for his actions.

The case is a clear example of the fact that the consequences of a DWI can be extremely serious if a drunk driver is unlucky enough to get into a tragic accident. A drunk driving defendant charged with DWI manslaughter must retain experienced legal counsel. The state must prove both that the defendant was operating a vehicle while intoxicated, and that he or she was at fault in the accident. An aggressive defense to the DUI charge is a must, as is a thorough investigation into the causes of the collision.

You need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951 today for your free consultation. More than 20 years experience.

Throughout Texas, police will pull you over if you are engaged in suspicious behavior that could indicate you are driving drunk. In addition to general enforcement by on-duty police on traffic patrol, there are also periodic DWI crackdowns. During these times, more police are typically put on the streets in targeted areas to focus on finding intoxicated drivers. 

While these general efforts all involve on-duty police assigned to catching drunk drivers, there are certain law enforcement agents who have made a special name for themselves in their efforts to enforce DWI laws. Our Texas DWI attorneys know that police must have probable cause to pull over and test a driver’s BAC. It is important that those police who focus on catching DWI drivers obey all of the Constitutional protections in place so that no driver has his rights violated as a result of a proactive concentrated focus on drunk driving enforcement.

Some Texas Police Excel in DWI Enforcement

Recently, NBC published an article with a profile of a Grand Prairie, Texas, police officer who has been recognized for two years in a row as one of the top ten officers for DWI arrests.

According to the NBC article, the policeman who was honored for his work in catching drunk drivers had made 88 DWI arrests in 2012 and 115 DWI arrests in 2011. He indicated that his close friend was killed in a drunk driving accident by an intoxicated driver in 2005 and that he has made it his mission to stop drunk drivers since that time. The officer says he has spent hours of time in court and dealing with paperwork. However, he believes that his efforts in curbing drunk driving and his time spent are well worth it if he can stop someone from causing a drunk driving crash.

The Grand Prairie Chief of Police indicated that this top officer fulfills his duties even as he also has other responsibilities in enforcing traffic laws and investigating car wrecks. Although the officer isn’t on DWI enforcement full time, his stats are compared to those who were hired only for DWI enforcement. Thus his feat is even more impressive as he makes so many arrests in addition to completing his normal work duties.

Protecting Constitutional Rights of Intoxicated Drivers

While police can and should work to enforce all of the laws, including DWI laws, there are some risks associated with law enforcement having a single-minded focus on catching intoxicated drivers, especially when the agenda of the police officer is factored into the equation. The concern is always whether a law enforcement agent has reasonable cause to pull over a driver. Further, once a driver has been pulled over, police cannot require a breath test or blood alcohol test unless there is reasonable cause to do so — reasonable suspicion that the driver is drunk.

It is important for all police officers, especially those who are extremely proactive in enforcing DWI laws, to make sure they are following the rules so that the constitutional rights of drivers are protected. If any evidence is collected without reasonable cause, even if the officer was acting in good faith out of a genuine desire to stop drunk driving, then the evidence cannot be used in court.

You need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951 today for your free consultation. More than 20 years experience.

Throughout the state of Texas, there are certain times of the year when law enforcement makes a special effort to crack down on drivers they suspect are intoxicated. Our Texas DWI lawyers know that many people are arrested during these crackdowns, sometimes as a result of overly aggressive searches, because the police are so focused on stopping alleged drunk drivers.

One such crackdown will be occurring over the next several weeks. According to the Laredo Sun, the Texas State Department of Public Safety (DPS) is launching a special operation to supervise local highways to catch drivers who are celebrating over spring break and who potentially have had too much to drink.

The Statewide Crackdown On Drunk Drivers

According to the Laredo Sun, DPS officers will be on a “relentless hunt” for drunk drivers in March because traffic accidents historically occur more frequently during this month as a result of spring breakers.

The article also indicated that a thousand arrests were made during the crackdown period and that 300 were detained as a result of officers working overtime. A special fund provided by the Texas Department of Transportation provided money for the overtime payments.

Unfortunately, with more officers on the road and with a special focus on trying to catch anyone who might be driving drunk, this increases the chances that officers will stop you improperly.

Law enforcement cannot pull you over and make you submit to a blood alcohol test unless there is reasonable suspicion that you are doing something wrong. If you are pulled over for an unrelated offense, such as a broken headlight, they also cannot force you to submit to a field sobriety test or a BAC test unless there is reasonable suspicion that you are intoxicated.

If police try to pull you over or make you submit to a drunk driving test without cause, your constitutional rights are violated. Any evidence police collect in an unlawful and unconstitutional search cannot be used against you.

Out-of-State Visitors and DWI Charges

Texas DPS stages the crackdown on drunk drivers in March because of spring break holidays. These holidays are also likely to attract visitors from out of state who come to Texas for vacation.

If you are arrested for drunk driving when you are on vacation, it may be tempting to head home and try to forget about the incident. However, you need to be aware that any criminal charges that were brought for DWI in Texas don’t just disappear when you go back to your home state.

You will likely have to come back to Texas to plead guilty or not guilty to your DWI offense. A license suspension in Texas will also follow you to your home state and prevent you from driving there. As such, if you were subject to arrest on spring break due to the DPS Texas crackdown, you need to be proactive in getting help and understanding your legal options.

You need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951 today for your free consultation. More than 20 years experience.

An ignition interlock device is a device that you blow into which detects your blood alcohol content (BAC). It is essentially a breath test that is installed in your vehicle, and your car will not start until after you have blown into the device and had your blood-alcohol level tested. In Texas, a person with a DWI charge who has a prior DWI conviction on his record can be required to have an ignition interlock device installed in vehicles that he owns or leases. A person with a commercial driver’s license and a DWI conviction can also be required to use an ignition interlock device. 

Our Texas DWI attorneys know it’s important to understand these devices if you are facing a potential DWI conviction and may need to have a device installed in your vehicle.

Understanding Ignition Interlock Devices

Ignition interlock devices are intended to make sure that you cannot drive when you are intoxicated. When you are ordered to have an ignition interlock device installed in your vehicle as a result of a DWI conviction, you will be responsible for paying for the cost of the installation of the device. You must have a device installed on any car that you own or lease, even if the vehicle is shared with someone else in your family or co-owned by someone else in your household.

Once the ignition interlock device has been installed in your vehicle, you must blow into the device every single time you start the car. This means that if there are others in your family who share your vehicle, they too will have to blow into the ignition interlock device before driving. This can be a minor inconvenience for family members, but it is an unfortunate necessity based on the way ignition interlock devices work.

The device will take a reading of your blood-alcohol content, just as a breath test does when police administer the test to a suspected drunk driver. If your blood-alcohol content has exceeded the legal limit based on the test results, then you will be unable to drive your vehicle as the car will not start. The hope, therefore, is that the device will prevent drivers from driving drunk.

The ignition interlock device can also require rolling breath checks as well as a test after you start the car. This means that as you are driving or operating your vehicle, you can be required to blow into the breath test to have your blood-alcohol content rechecked. The test allows plenty of time for you to pull over so you can be tested safely, and you won’t have to worry about taking the test as you drive in traffic. If you fail to blow into the breath test or if your test reveals that your BAC is too high and you fail the rolling re-test, then the horn will go off and the lights will start flashing. You also cannot turn off the car. You must take the rolling retest.

When you blow into the ignition interlock and fail the test, either initially or in a rolling retest, the failure is recorded and can be a violation of your probation. The best way to ensure you are not paying for one of these devices to monitor your every move behind the wheel is to fight the drunk-driving charge in the first place.

You need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951 today for your free consultation. More than 20 years experience.

When you are cited for driving while intoxicated, you face a number of consequences. For example, an automatic license suspension can go into effect. You also face criminal charges and may be convicted, fined and jailed. One common question that people have, however, is what happens if you are arrested for a DWI in a different state? After all, each state issues its own driver’s licenses, so many people aren’t sure how an out-of-state DWI will impact their license in their own state.

Our Texas DWI lawyers believe it is important that everyone is aware of the consequences of a DWI when visiting another state. Throughout the U.S., the states have come together to create reporting programs and to exchange information about DWI offenders. These cooperative efforts ensure that a person who drives drunk when he is out of his home state will still face consequences upon returning home. As such, it is just as important to avoid driving drunk out of town and just as essential to take an arrest seriously if it happens someplace other than the state where you live.

Interstate Consequences of a DWI

There are two different enforcement systems in place to ensure that a person convicted of a DWI faces consequences in his home state: the Driver’s License Compact (DLC) and the Nonresident Violator Compact (NRVC). Forty-five states are current members of the Compact, including Texas. A map of the states that participate in the DLC and NRVC can be found on the website of the National College for DUI Defense.

If you are convicted of a DWI, the Driver’s License Compact mandates that the state where you are convicted must relay the information about your offense to your home state. This means that if you are convicted anywhere outside of Texas, news of the conviction will reach Texas. When the home state receives information about your conviction, it takes action against your driver’s license according to its own rules. Once Texas learns of your conviction, therefore, your license will be suspended for the required length of time depending upon whether you have any previous DWI convictions.

The DMV in the state where your offense occurred may also suspend your right to drive within that state. This is not, however, the end of the consequences, and the suspension does affect your rights at home. In all 50 states, your suspension is entered into a registry of drivers with suspended licenses. When you apply for a new license or you try to renew your license, every state is required to check the registry. This means that no matter where you go, whether you go back to Texas or move to a different state entirely, your license suspension will be on the record and your license will be denied if your out-of-state suspension is active.

Because of these different rules, it is very important to take out-of-state DWI charges just as seriously as you would if you were arrested in your home state.

You need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951 today for your free consultation. More than 20 years experience.

In Texas, it is illegal to drive with a blood-alcohol content (BAC) of .08 or higher. For younger drivers under the legal drinking age, zero-tolerance rules impose penalties with a BAC of .02 or higher. Commercial drivers also have a lower maximum BAC and can face consequences if their blood alcohol content exceeds .04. In addition to these general rules, Texas also imposes enhanced penalties upon any driver with a blood-alcohol content level of .15 or higher.

Because your BAC is such an important determining factor under Texas DWI law, it is important to have some idea of how many drinks will cause you to exceed the legal limit. The way in which alcohol affects your blood-alcohol content can vary based on a number of different factors including your weight, how long the alcohol metabolizes in your body, your metabolism and your gender. Medications that you take can also affect the way in which your body processes alcohol.

Even a simple choice about whether to mix a drink with diet soda or regular soda can affect your BAC. A recent study found that diet soda mixed with vodka resulted in breath alcohol concentrations that were 18 percent higher after 40 minutes, compared to people who drank a regular soda mixed with the same amount of vodka.

For all of these reasons, it can be difficult to get an accurate estimate of how much you can drink before you are over the legal limit. Despite the challenges, however, our Texas DWI lawyers believe that it is important that you have some idea of how drinking will affect you and of how much is too much to drink.

Estimating your Blood Alcohol Content

Because different types of drinks have differing amounts of alcohol in them, it is important to first understand the alcohol content of varying types of drinks. For example:

• One ounce of 80 proof spirits is generally considered to constitute one drink.
• A three ounce glass of wine has an ounce of eighty proof spirits and is considered one drink.
• An eight ounce glass of five percent beer has an ounce of eighty proof spirits and is considered one drink

Using this information, the National Council for DUI Defense provides a table that allows you to estimate your BAC based on the number of drinks consumed, your weight and your gender. The table is available on its website and reveals, for example, that:

• A 100 pound man who has two drinks over the course of one hour would likely be at the legal limit of .08.
• A 200 pound man who has five drinks in an hour would likely be at the legal limit of .08.
• A 100 pound woman who had two drinks in an hour would be over the limit with a BAC of .09.
• A 200 pound woman who had four drinks in an hour would be slightly over the limit with a BAC of .09.

With football season upon us, sports fans every weekend will gather in front of the television with friends and family to catch a game or two. As your guests get together for exciting game action, our Texas DWI defense lawyers want to remind you to play it safe.

Having food on hand is half the battle in avoiding a DWI as you or your guests head home after the game.

The Texas Department of Transportation earlier this month announced the implementation of a program called P.A.S.S., or Person Appointed to Stay Sober, just prior to the Texas Tech-Texas football game. Karen Peoples, TxDot’s public information officer, reported that drinking and driving on football game days is actually increasing.

She stated that approximately 1,400 DWI crashes in Texas occurred on game days. This accounts for six percent of the total DWI crashes in the state throughout the year. Considering that a regular NFL season is 17 games, that’s only 4.5 percent of the year.

Further, TxDot reports that 45 percent of Texans report drinking alcohol while at football parties, and then driving home afterward. Another study conducted by the University of Texas indicates that football game days are among the heaviest of the year for alcohol consumption.

Primarily, the most DWI arrests are occurring in Dallas/Fort Worth, Houston, Austin, El Paso, San Antonio and the Rio Grande Valley.

In 2009, the Houston Chronicle reported that Harris County had the highest alcohol-related traffic deaths in the country for areas of our size. The district attorneys office reported that with 3.9 million residents, the county files about 10,000 DWI cases each year.

It’s important to note that many of these cases involve first-time offenders. With the help of an experienced Texas DWI lawyer, many defendants can apply for a pretrial diversion in lieu of a conviction. These pretrial diversions often include alcohol abuse or dependency treatment.

Unfortunately, the district attorney’s office also reported that many of those arrested are simply pleading guilty, serving jail time and then paying the steep fines, rather than trying for the diversion.

The problem with this is that DWI remains on your permanent record, resulting in higher insurance rates and acting as a possible impediment to landing certain jobs in the future.

Plus, you’re giving up on the possibility that an officer mistake may be enough to have the charges dropped altogether.

Getting a good lawyer in these cases is key, but it’s best to avoid the situation altogether if you can.

If you are the host, part of that is being responsible and looking out for the interests of your guests. Keep these tips in mind for this weekend’s game, and all your other future football celebrations:

1. Keep plenty of food on hand. Food helps to soak up the alcohol. Make sure you have appetizers and snacks on hand as well for guests to munch.

2. Stop serving alcoholic beverages at least an hour or two before the party ends. This isn’t a guarantee your guests will be sober, but it can certainly help. Consider serving coffee and desert as you wrap it up.

3. Pay attention to your guests. If one appears to have had too much to drink, either offer to drive home (assuming you are sober) or call a taxi. Do not allow them to drive.

You need an experienced, aggressive Texas DWI lawyer. Call 1-800-395-5951 today for your free consultation. More than 20 years experience.

With football season and the year-end holidays comes an increase in drunk driving enforcement, and a corresponding increase in the number of marginal or unfair arrests.

An experienced Houston DWI lawyer understands that simply being arrested does not mean someone is guilty. Unfortunately, for those who fail to take it seriously, a conviction can result in jail time, driver’s license suspension, hefty fines and court costs, and even job loss. Nationwide, the cost of a conviction is often $10,000 or more, including skyrocketing insurance premiums. Seeking professional legal advice in the aftermath of arrest is the first crucial step.

Whether college or pro, the link between football and DUI is real. A study by the University of Colorado found a 76 percent increase in alcohol violations on game day in college towns and a 13 percent increase in drunk driving accidents. Football leads us into the year-end holiday driving period — which is the most dangerous time of the year on our nation’s roads. Authorities typically respond with targeted enforcement efforts and more manpower. Here in the Houston area, this means “no refusal weekends.” In some cases, that can result in inexperienced officers making arrests, or older officers typically responsible for inside jobs. In some cases, even voluntary or auxiliary officers may be involved. Enforcement efforts may also place unrealistic expectations on law enforcement, thus leading to probable cause violations and marginal or unfair arrests.

Knowing your rights is important. You have the right to remain silent and to refuse roadside sobriety tests, including hand-held breathalyzers. And you have the right to refuse a blood sample without a warrant. Under Texas DWI Law, if you take the breath test and fail (test over .08) or if you refuse to take the test, the state’s Administrative License Revocation (ALR) process will attempt to suspend your driver’s license. While the officer at the scene may take your driver’s license for refusing a breathalyzer, a temporary permit will be issued good for 41 days.

Within 15 days of arrest, a driver can request a hearing to challenge license suspension – your defense attorney can explain in more detail. Failure to do so can result in a suspension of 6 months. For a second or subsequent refusal within 10 years, an automatic two-year suspension may be applied to those who fail to assert their legal rights to a hearing. You want an attorney who will know the ALR process and help you keep your license.

A third DWI in Texas is a felony offense punishable by 2-10 years in prison and a fine of up to $10,000. Felony DWI charges must always be handled by experienced legal counsel.

The truth of the matter is there are many ways to fight a DWI arrest. The experience and training of officers, the reliability of the breathalyzer test, probable cause for the traffic stop and the results of field sobriety tests. With the legal and social consequences of a drunk driving conviction growing more serious with each passing year, keeping a DWI conviction off your permanent driving record can save you time, money and headaches for years to come.

You need an experienced, aggressive Texas DWI lawyer.  Call 1-800-395-5951 today for your free consultation. More than 20 years experience.