DWI/DUI Answers

 So- not much surprises me in the DWI defense practice after 30 years,  but today I had a new one.  Did you know if you have multiple bee stings (my client was stung in the hundreds of times all at once) the venom confuses you like intoxication?  The venom can cause dizziness and vertigo .  It is cases like these, where a blood test can actually help.  Cops can be quick to judge intoxication when often, there are other issues at play.  Having bees is a great agricultural exemption in the State of Texas.  Just remember, bee stings are part of the territory.  Only about 5% of the population is allergic to bee sting venom (in these cases, it is dire to receive professional medical attention quickly). It is most common after a bee sting, to use rubbing alcohol after removing the stinger.  What most people do not consider are the effects of combining alcohol with the after effects of bee venom. It is not recommended to drink alcohol after a...

Many people who get DWIs have never been in trouble before. The shock of going to jail and having a pending case is enough to send their stress levels skyrocketing.  What is important to know is that most counties impose "pretrial conditions" even before going to court.  These pretrial conditions are serious. Beware .   When the court gives you a specified deadline to have an interlock installed, it is not a joke.  Please do so .  When you have an alcohol violation, this compounds the difficulty of your case.  We frequently have clients show up to court with  warrants for their arrest due to bond violations (typically for an interlock violation).  Do not brush this off .  Normally, the courts also notify the prosecutor, who makes a note in the file.   Some bond violations take all morning to address. Our firm charges for bond violations for 2 reasons.  One- it requires time and makes handling your case more difficult . Two...

  I have an autographed, framed picture of boxer Muhammad Ali in my Fort Worth office. Why, might you ask? Ali was the first boxer to win the heavyweight championship three times, won the Olympic gold medal, and was named Sportsman of the Century by Sports Illustrated. More than this, he was a good man. He took a stance against the Vietnam War even though it cost him his title. He was a civil rights activist ( recognized as the "Champion of Freedom for his powerful fight for equality, peace and justice)  and stood up for the principle all men should be treated with dignity. He was funny, charming and loved people ( his training camps were always open to visitors and he rarely refused an interview) . Ali was as tough as nails in the boxing ring and outside it when it came to fighting for what mattered. He is a true hero of mine. Things I most admire about him: his dedication (persistent training and discipline to be the best), love of people (thereby emanating his charm and hum...

  Did you know that a person with Wernicke- Korsakoff syndrome has the same mental and physical symptoms as a person who is intoxicated?  Here is  how Web MD describes it: " Wernicke encephalopathy typically comes on suddenly, and you’ll need treatment right away. Symptoms include confusion, loss of muscle coordination, and trouble with your vision. Korsakoff syndrome happens more slowly. It's a long-term, ongoing problem that damages the part of the brain that handles memory." Loss of balance, or ataxia, is a classic symptom. It happens due to a severe lack of B1 thiamine. Who gets Wernicke-Korsakoff syndrome?  It can happen to people who do not absorb nutrients properly due to certain conditions like chemotherapy, bariatric surgery and gastric issues.  It also occurs with those who have poor nutrition or eating disorders.  Cops often use the horizontal gaze nystagmus test (HGN) as the deciding test before arresting people. However; those with Wernicke- K...

Semaglutides are antidiabetic medications used to treat type 2 diabetes and long-term weight management. Many are familiar with the brands:  Mounjaro, Ozempic, Rybelsus, and Wegovy.  Very little scientific research has been published on the effects of these semaglutides. A current scan of the pubmed library (scientific peer review articles)  reveal nine articles with concerns ranging from optimizing fertility, addressing psychiatric illnesses and proving a reduction in alcohol consumption.  The big issue remains-  what are the effects of combining alcohol and a semaglutide?  Ozempic warns of low blood sugar (which produces dizziness and blackouts) when combined with alcohol in addition to worsened cases of diarrhea, nausea, vomiting and upset stomach.  Unlike with many other drugs including ambien, there is currently no FDA warning regarding the combination of alcohol and semaglutides. This brings up legal questions of involuntary intoxication. As of A...

 Cops are taught and always claim the horizontal gaze nystagmus test is the most accurate and scientific.  However; what is lacking is the scientific baseline for this.  Dr. Stephen Rauchman, an ophthalmologist, set out to investigate the  government's "eye" test in the context of DWI/DUI.  His findings are neatly summarized in this article .  The basic concerns I found from this erudite analysis are as follows: 1.  There is no baseline.  To prove HGN correlates with alcohol necessitates HGN be ruled out in the beginning.  There are many causes for HGN (some as simple as people with vestibular problems drinking caffeine).   DWI subjects are never given a baseline test (after alcohol metabolizes to zero, or at a driver's license test) to rule out natural or improperly assessed HGN. 2.  Dr. Rauchman points out the obvious: the National Highway Traffic Safety Administration (NHTSA who is responsible for the field tests being give...