Happy holidays can become unhappy with the swerve of the wheel. DWI is prosecuted heavily in Collin County and Dallas County Texas. There are beefed up efforts to make arrests of those who are driving under the influence (DUI) and DWI. The police officer only has...
The Texas Transportation Code requires that before an officer can take a blood sample from the defendant suspected of an intoxication offense, three requirements must be met:1. There is a life threatening incident;2. The defendant was arrested for an intoxication...
Typically, a defendant's breath test results are going to be admissible in a DWI prosecution under Texas Rule of Evidence 403. Texas Rule of Evidence 403 states that all relevant evidence is admissible unless the probative value of the evidence is substantially...
A police officer does not have to observe a DWI personally to have probable cause for the arrest. Although, typically in a case the police officer will follow and observe an individual who seems to be displaying signs of intoxicated driving, the police officer can...
How often do you practice standing on one leg, with your hands down at your side, for thirty seconds, in front of a mirror and if you are unable to do so even though you have had nothing to drink, you have to take yourself to jail and hang out with felons for up to 48...
In the context of a DWI request to submit to a breath test, an accused's refusal to submit to such a test cannot automatically be equated with an inference of a guilty mind. From an objective viewpoint, an unexplained refusal is "insolubly ambiguous" and...
The local police departments have beefed up their efforts to make DWI arrests over the holidays. It is very obvious when one drives around and sees the number of police officers that are on patrol during the Thanksgiving season. Historically, people typically drink...
A recent article in The Examiner reported that DWI arrests are already beginning to increase in the holiday season. The article indicated that with Thanksgiving and other subsequent holidays approaching, police organization all over the North Texas region have...
The NHTSA manual requires three parts to the HGN or Horizontal Gaze Nystagmus test. Most people refer to this test as the "pen test" or "eye test." The officer is holding some sort of pen or light in front of your eyes and passing it back and forth to look for clues...
The police officer who administers the Horizontal Gaze Nystagmus test is taught to look for three clues in each eye. There are two eyes, so the HGN test has a total of three clues. This test is carries the least amount of weight with the jury, in my experience....
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