Category Archives: DWI
DWI vs. DUI in Texas: Differences and Legal Consequences
Getting charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Texas can have serious legal ramifications. While these offenses may…
The Importance of Making Timely and Specific Objections in Criminal Proceedings
As we have noted before, criminal trials and sentencing are governed by strict rules of evidence and procedures. Objections to admission of impermissible evidence…
The Need to Object to “Certificate of Analysis,” “Notice and Demand” Statutes
In December 2014, a Houston man named Andrew Lee Williams struck and killed a 49-year-old mother and grandmother with his vehicle as she jogging…
Supreme Court Continues to Grope with DWI Issues
According to the National Highway Traffic Safety Administration (“NHTSA”), 10,874 people died in drunk driving related vehicle crashes in the United States in 2017—that’s…
Did You Know You Can Be Charged with a DUI at the Federal Level?
Most people charged with a DUI face state charges. However, it may come as a significant surprise that you can be charged with a…
Deadly Weapon Finding in DWI Reversed
Section 1.07(a)(17)(A) of the Texas Penal Code defines a “deadly weapon” as “ … anything manifestly designed, made, or adapted for the purpose of…
The Right to Privacy in One’s Blood
The Texas Court of Criminal Appeals (CCA) has convoluted history with blood and privacy. In a 1991 opinion, State v. Comeaux, the CCA dealt…
Exigent Circumstances in Warrantless DWI Blood Draw Cases
In the early morning hours on Christmas Eve, 2014, there was a horrific car accident in El Paso, Texas. According to news reports, local…
Guilty Pleas Are Final and Sometimes Tragic
On average, 94 percent of all state felony convictions are the result of guilty pleas. Texas most assuredly falls within this range. On January…
DWI Jury Charge Must be Tailored to Facts Presented at Trial
The Texas Penal Code § 49.04 prohibits the driving of a motor vehicle while intoxicated. Section 49.01(2)(A) defines intoxication as “not having the normal…
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