Category: DWI

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 [...]

These Factors Can Impact Whether or Not Texans Get a DWI

By: Brandon Fulgham

DWI

Driving under the influence of alcohol or drugs takes hundreds of lives each year – and those are just the numbers for our state. In the past few years, Texas law enforcement officials have experimented with different methods for reducing the amount of fatalities on the road. Extra vigilance and more DWI arrests seem to be doing the trick – but are they at the expense of truth and justice?

Unless you have a breathalyzer or ignition interlock device in your car, you likely do not know what your blood alcohol content is at any given moment. The difference between .07 and .08 is small in numbers, but big when you consider the thousands of dollars in fines and fees [...]

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 [...]

Should Texans Blow into a Breathalyzer If Pulled Over for DWI?

By: Brandon Fulgham

Breathalyzer | DWI

Most of us are familiar with the sinking sensation that comes with seeing flashing red and blue lights in our rearview mirrors. If you’ve been drinking even a little prior to your traffic stop or are stopped at a sobriety checkpoint, this apprehension multiples – and for good reason.

A Texas DWI can have life-changing consequences, even for a first offense. It can cost you thousands upon thousands of dollars in fines, and may even cost you your job. It’s therefore important to know your rights if you’re stopped for suspected drunk driving, and to know exactly how to proceed.

Most Texans are under the mistaken assumption that they are required to submit to any form of sobriety testing. This [...]

Why You Should Never Take a Texas Field Sobriety Test

By: Brandon Fulgham

DWI | Field Sobriety Test

If you are pulled over while you are driving, you may face searches or tests to make sure you are not driving under the influence of alcohol or drugs. Failing these tests can lead to criminal charges and even suffering the consequences of a conviction.

There’s something you might not know, though – these tests don’t have to be taken in the first place.

How so?

Below, we’re going to go over Texans’ rights in regards to field sobriety tests and what you can do to prevent DWI charges. Law enforcement officers will not always be clear when they instruct you through a traffic stop, so the more you know, the more you can be in control of your situation.[...]

What Happens in Texas If You Get a DWI While Driving a Child?      

By: Brandon Fulgham

DWI | DWI With a Child Passenger

If you get a DWI with a child in your vehicle, you could face serious charges under Texas law. In this post, we’re going to detail the law and penalties, then let you know what you can do to fight your charges.

Drive Drunk with a Kid, Get Hit with Texas Child Endangerment Charges

If you receive a DWI with a child in the vehicle, you can be charged with child endangerment.

The Texas statute on child endangerment reads:

“A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.”[...]