Texas DWI

November 17, 2008

  • Words of Wisdom from Austin DWI Lawyer

    Jamie Spencer, and Austin DWI attorney. offers these words of wisdom to anyone thinking about driving while in intoxicated in Travis County, Texas:

    In Austin, a traffic violation and the odor of an alcoholic beverage on your breath earns you a trip to Travis County Jail. It’s an arrest everybody and charge them with DWI [...]

November 14, 2008

  • Top Secret Field Sobriety Test Database

    Robert Guest has uncovered a "top secret" database of field sobriety tests.  The National Sobriety Testing Resource Center states that their purpose it "to provide a comprehensive source of information regarding standardized field sobriety testing, training and certification for authorized and active law enforcement practitioners and instructors."  But it turns out this data is only [...]

September 18, 2008

September 16, 2008

  • Proof of Mental State (Intent) Not Necessary for DWI Conviction in Texas

    Sec. 49.11. PROOF OF MENTAL STATE UNNECESSARY.
    (a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter.
    (b) Subsection (a) does not apply to an offense under Section 49.031.
    Added by Acts 1995, 74th Leg., ch. 318, Sec. 22, eff. Sept. 1, 1995. Amended by Acts [...]

September 15, 2008

  • Legal Use of Drug or Alcohol No Defense to DWI in Texas

    Sec. 49.10. NO DEFENSE.
    In a prosecution under Section 49.03, 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.
    Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. [...]

September 12, 2008

  • Enhanced Offenses and Penalties for a Texas DWI

    Sec. 49.09. ENHANCED OFFENSES AND PENALTIES.
    (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time [...]

September 10, 2008

  • Intoxication Manslaughter in Texas

    Sec. 49.08. INTOXICATION MANSLAUGHTER.
    (a) A person commits an offense if the person:
    (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
    (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
    (b) Except [...]

August 15, 2008

  • Intoxication Assault

     
    Sec. 49.07.  INTOXICATION ASSAULT. 
    (a)  A person commits an offense if the person, by accident or mistake:
    (1)  while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another;  or
    (2)  as a result of [...]

July 3, 2008

  • Texas DWI charge dropped against judge

    SAN ANTONIO — A special prosecutor said insufficient evidence prompted him to seek dismissal of a drunken driving charge against a state district judge.
    Tony Hackebeil wouldn't elaborate on why he asked County Court-at-Law Judge Michael Mery to dismiss the charge stemming from a February traffic stop involving Raymond Angelini, a longtime judge. Hackebeil's motion was [...]

June 8, 2008

May 31, 2008

  • Men’s Health - America’s Drunkest Cities

     
    Atlanta ranks 12th on this list.A sort of interesting article. They rely on various factors such as liver disease, DUI arrests and some statistics from MADD in determining the ranks.
    See article HERE.
    Continue . . .
     

May 27, 2008

  • DWI Field Sobriety Tests: How accurately do the SFSTs predict intoxication?

    Law enforcement officers in all 50 states utilize Standardized filed sobriety tests (SFSTs) to determine the impairment of a person’s driving due to alcohol influence. The SFSTs are comprised of a battery of three tests: 1) Horizontal Gaze Nystagmus test (HGN), 2) Walk and Turn Test (WAT) and 3) One Leg Stand Test (OLS). [...]

May 26, 2008

  • Intoxilyzer Source Code Litigation - What has CMI been hiding?

    Thanks to lawyers that have been fighting for the source code that controls the operation of the Intoxilyzer it looks like the tide is turning. Previously, prosecutors all over the country have been objecting to turning it over because it is a “trade secret” and that the State does not have it in their [...]

  • FDA finally releases the study that confirms that sleeping pills can cause ’sleep-driving’

     
    “All prescription sleeping pills may sometimes cause sleep-driving,” federal health officials warned Wednesday.
    Sleep driving is a variation of sleepwalking. It involves getting in the car in the middle of the night, driving around, and with absolutely no memory of the drive.
    The Food and Drug Administration wouldn’t say exactly how many cases of sleep-driving it [...]

  • DWI - Driving While Intoxicated

     
    There are many different types of driving offenses, all of which hold penalties and consequences for those guilty of committing them. The most serious and expensive driving offences is DWI. Being found guilty of this particular offense can result in serious consequences and have serious implications for the future. The undesirable effects of being charged [...]

May 25, 2008

  • Should I hire a DWI Attorney?

     
    A qualified DWI attorney can review your case for defects, compel discovery of calibration and maintenance records for breath machines, can have your blood samples analyzed independently, negotiate for a lesser charge or reduced sentence and obtain expert witnesses for your trial. A skilled lawyer can also debate if the blood technician received adequate training, [...]

  • Random Boat Stops and the 4th Amendment

     
    § 31.124 of the Texas Parks and Wildlife Code states, “an enforcement officer may stop and board a vessel . . . and may inspect the boat” to determine whether it is in compliance with the various provisions of the Code.
    What this means for the average lake-goer is that an officer has the power to [...]

May 23, 2008

  • Could your blood inflate your blood alcohol level?

     
    Your hematocrit level is the ratio of aqueous portions and solid portions of your blood. When alcohol enters your bloodstream it is carried in the plasma (liquid portion). Alcohol does not get absorbed into the red blood cells and other solid material in your blood Someone with a higher hematocrit level will [...]

  • Richie Sambora

    Richie Sambora has been arrested for DUI in Laguna Beach, California.  According to news reports, he was cooperative with officers and was arrested without incident.  He reportedly took some field sobriety tests prior to getting arrested.  It appears that in addition to the DUI, he will also be charged with child endangerment since his daughter [...]

  • Wisconsin Cops Target Root Beer.

     
    Wausau, WI. Mar 28 (AP) – Cars lining the street. A house full of young people. A keg and drinking games inside. Police thought they had an underage boozing party on their hands.
    But though they made dozens of teens take breath tests, none tested positive for alcohol. That’s because the keg contained root beer.
    The party [...]

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