DWI/DUI Answers

In my 30 years of practice, I have come to realize men raised without sisters often have an unrealistic view of girls/women. Men who grew up with sisters realize girls are not china dolls. Girls can punch, pull, kick, slap and be the aggressor. I know this is a wake up call for many men; but they must realize violence is never the answer for either side. The best thing to do when a woman/girl starts to get violent is to leave. Just as important is pulling out the cell phone and doing an audio or video tape to document proof of exactlly what is going on (many police automaticallly assume the man is guilty). For some, having someone arrested without cause is a form of control. Any person capable of this is not deserving of a second chance (liberty is on the line). The most important thing to do is to breathe, step back and rationally assess the situation. Whether my clients are guilty or innocent, I have them do an anger management class which helps make good decisions in the heat o...

I have practiced law for 30 years, all as a defense lawyer. I am the only DWI Board Certified lawyer (by the NCDD, recognized by the American Bar Association, the only DWI board certification program which is) in north Texas. I am well versed on what factors a prosecutor considers before changing a DWI. It is my experience they are motivated by factors such as who is the arresting officer? Are they competent? The past criminal history of my client is huge (in some counties a past DWI will mandate a trial, despite the facts for the most part). These prosecutors research a defense lawyer's tactics, and those of the defense expert. I have a fresh new approach for every trial based on the faccts, themes and tenets of what I am proving. Every prosecutor handles their cases according to the elected prosecutor's policies (some give full discretion, and some not, most have supervisors in place who are required to sign off on the final call). At the end of the day, all prosecutors kn...

I constantly refer my non citizen clients to an immigration lawyer. I also try to stay on top of what is happening.  It has been (pre- second term Trump) fairly routine that if you have a green card, or are a permanent residenct, you can plead to a DWI but must wait to finalize citizenship for 5 years.  This, in my professional opinion, is all in flux post Trump second term. The immigration lawyer I use sent me this: Proposed Bill:  Protect Our Communities from DUIs Act was introduced on 1/31/25, but it has not passed yet, so there is no impact on his case.  This proposed bill makes driving while intoxicated or impaired a ground for (1) barring a non-U.S. national  from admission into the United States, or (2) deporting the individual.  To be deportable, the individual must have been convicted of the offense. https://www.congress.gov/bill/ 119th-congress/house-bill/875

  In my 30 years of practice some things ring true loud and clear.  Most people who get a DWI, never expected to get one.  Most of my clients are very hard working, productive and many have never been arrested before.  They are used to having control over their lives. They are contributing, productive members of society.  The agony of the unknown  (as a consequence of a DWI arrest) can be overwhelming.  The best way to handle this frustration is to pay the lawyer up front (having a payment plan is nice, but it prolongs the case until the lawyer is paid in full).  It is worth having answers (even unpleasant ones) sooner than later.  Judges experience a lot of pressure to resolve cases quickly.  Many judges live by the mantra, "Justice delayed is justice denied." Your case outcome can be damaged if deadlines expire.  Much akin to going to the doctor or dentist, lawyers expect payment in full upon treatment.  It is smartest to ...

Not necessarily always the case, but BIG red flags in my experience: 1.  The officer has a trainee with them. 2.  While you are doing the tests (or even worse, before you start) backup is arriving (normally they come to arrange the towing of the vehicle and its inventory). 3.  They quickly ask you:  where are you coming from, have you been drinking, when was your last drink and when did you last eat.  These are questions to tie up the retrograde extrapolation of the alcohol level at the time of driving. 4.  You have encountered a Texas DPS Trooper on the toll road after dark (and you have alcohol on your breath or answer you have taken meds).  Sorry to say, but they are notorious for DWIs even amongst local law enforcement. 5.  When you look at the officer, there is no real exchange going back and forth. He or she is on a mission and NOT really listening.   6.  You are asked to exit the vehicle quickly . 7.  The fact you provid...

 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...