DUI

During the early years of the DWI crackdown, Texas lawmakers amended Section 49.04 of the Texas Penal Code. Under these new amendments, people who have a BCA above the legal limit are intoxicated as a matter of law. So, the Breathalyzer test is more important than ever. Even if ...

Researchers at the University of Texas at Dallas have developed a saliva test which determines the level of marijuana in a person’s system. A person gives a small saliva sample, and the test administrator places that sample on a THC sensor. Then, “within 30 seconds, within a...

About twenty years ago, Texas lawmakers approved a per se DWI law. Before the legal change, a BAC level above the legal limit was a presumption of intoxication. Now, people with a BAC over the limit may be intoxicated as a matter of law. Not surprisingly, the DWI conviction rate ...

In the early and mid-1990s, peace officers substantially increased the number of drunk driving arrests. Today, there are over 1.4 million DWI arrests every year. That’s almost 1 percent of the licensed drivers in the United States. In certain situations, peace officers are even...

Legally, yes. Like most other jurisdictions, Texas has a per se DWI law. If the defendant’s Blood Alcohol Content level is above the legal limit, which is usually .08, the defendant is intoxicated as a matter of law. Pragmatically, no. Like all other machines, Breathalyzers ar...

If law enforcement arrests you on suspicion of driving while intoxicated, you may think you will pay a fine and be on your way. Many first offenders do not realize the seriousness of a DWI charge. You will soon discover that a conviction on your record follows you and disru...

Many times, intoxication, or the lack thereof, is the only real issue in a DWI matter. But sometimes, the “driving” element is equally as controversial. At trial, Parker County prosecutors must establish every element of the offense beyond a reasonable doubt. That’s the hi...

New York lawmakers passed the nation’s first DWI law in 1910. For many years thereafter, police officers often released intoxicated motorists with just a warning. Then, beginning in the 1980s, Mothers Against Drunk Drivers and other advocacy groups successfully pushed for chang...

In recent cases, such as 2016’s Utah v. Strieff, the United States Supreme Court has substantially diluted the reasonable suspicion rule. This dilution makes it easier for officers to pull over motorists on suspicion of DWI. However, the underlying rule, which is that officers...

Until recently, the DWI eye test, which is also known as the Horizontal Gaze Nystagmus (HGN) test, was considered the most reliable of the three tests in the National Highway Traffic Safety Administration three-test battery. Now, it is considered the least reliable one. Most peo...