Category: Drunk Driving

How Can Breath Tests Be Wrong in Texas? Let’s Count the Ways

By: Brandon Fulgham

Drunk Driving | DWI

At first glance, Texas DWI cases appear to be pretty cut and dried. If you get tested and have a blood alcohol content (BAC) of .08 or above, you broke the law because you were too intoxicated to drive. You will be tried, and you will be convicted.

Right?

Maybe. Maybe not.

You might have read stories or heard about people who were pulled over for DWI, tested, and arrested – even though they were perfectly sober. How is this possible?

The consequences of a DWI in Texas are serious, so a false accusation is not something you want to ignore or let pass. Defendants falsely accused of DWI, even with an incriminating BAC, need to fight back.

Before [...]

You’re Arrested for DWI in Tarrant County – What Happens Next?

By: Brandon Fulgham

Drunk Driving | DWI

So, you’ve been pulled over and arrested for driving while intoxicated. Whether you made an honest mistake or know that you were still capable of being behind the wheel, you want to fight your charges.

After all, the penalties for DWI in Texas could cost you thousands and prevent you from driving for an inconveniently long time.

Texas has specific laws and deadlines attached to the process of fighting a DWI charge. Make sure you are meeting these deadlines and taking the next steps with a criminal defense lawyer to give yourself the best chance at getting a reduced sentence – and possibly even have your charges dropped entirely. Remember – a charge is not a conviction. You have [...]

Texas DWI Charge? How Much It Could Cost You

By: Brandon Fulgham

Drunk Driving | DWI

Getting a DWI doesn’t cost the same for everyone – but in Texas they’re always expensive. We’ll break down the potential costs for you in this post and tell you what the law says.

Don’t Believe the Cost Hype… Or Maybe You Should

Awhile back there was a TxDOT billboard near Austin proclaiming that a DWI in Texas costs $17,000. The link on the billboard told the story of a woman who was arrested for DWI. She lost her drivers’ license, spent half a day in jail, was ordered to serve 100 hours of community service and was subject to two years of probation. She also had to take alcohol education classes as part of her sentencing.

In the video, [...]

A Texas DWI Charge Is Not a Conviction

By: Brandon Fulgham

Drunk Driving | DWI

If you have been charged with a DWI in Texas, don’t think that a conviction is certain. There are all kinds of ways that you may be able to beat your charges.

Which is a good thing, because the consequences here can be quite severe. You can lose your license for a set period of time, face higher insurance costs, and possibly even serve jail time.

An experienced DWI lawyer will be able to help you put together the strongest possible defense for your specific situation. In this post, we’ll detail several potential defenses that might work in your case.

The Police Had No Probable Cause for Arrest

To pull you over, police must have probable cause that you were [...]

DWI: When Is Driving Intoxicated a Felony in Texas?

By: Brandon Fulgham

Drunk Driving | DWI

A driving while intoxicated (DWI) conviction is life-changing no matter how it is charged, as you will face long probationary periods, suspension of your driver’s license, and the long-term consequences of having a criminal record.

However, when a DWI is charged as a felony-level offense, these consequences are much more grievous. Felony-level DWI offenses are sentenced far more severely. Moreover, as a convicted felon, your freedom will be compromised.

So, when is a DWI offense charged as a felony, and what are the criminal penalties?

Felony-Level DWI Offenses and Penalties in Texas

A DWI is generally only charged as a felony if it is a third or greater offense. However, there are certain circumstances under which you will be charged [...]

Ft. Worth DWI Program’s Death Makes Fighting Back Even More Important

By: Brandon Fulgham

Drunk Driving | DWI | FAIP

Drinking and driving is a problem in our country and here in Texas, but that problem might now be getting bigger due to funding being cut from a program aimed at helping repeat DWI offenders get sober.

Last week, we discussed some of the diversion programs offered by Tarrant County to rehabilitate offenders and help them avoid the standard criminal justice process. Well, one of those programs – the Felony Alcohol Intervention Program (FAIP) – has lost its $140,000 state grant.

Using risk-assessment data, the governor’s office “believes the data reveals that most DWI offenders are at low risk of being arrested again, and such programs are for high-risk offenders.” In fact, they determined that 80 percent of FAIP’s [...]