If you have been accused of driving while intoxicated (DWI), you might feel like your best bet is to plead guilty, pay the fine and be done with it. You might think that a failed Breathalyzer test means that your fate is sealed. 

Well, none of these is true. The reality is that there are several ways of defending yourself. Here are some of them:

You were illegally stopped

In Texas, the police cannot pull you over for no apparent reason. If the police pull you over without reasonable suspicion or merely on a “gut feeling,” then you can use this as a valid defense during your DWI trial. 

The field sobriety tests were inaccurate

There are three main field sobriety tests that law enforcement officers administer to establish probable cause for drunk driving arrest. If any of these tests are not conducted as per the standard procedure, then you may have ground to challenge its validity. 

The breathalyzer test was not administered properly

One of the ways the police can establish your blood alcohol level (BAC) is through the Breathalyzer test. However, for your breath test result to be accurate, the equipment must be properly calibrated and the administering officer must have sufficient training to perform the test. You can challenge the validity of your breath alcohol content test result if you believe it was inaccurate.

Driving while intoxicated is a serious offense with serious repercussions. If you are charged with DWI in Texas, it is important that you explore your defense options so you can have the charges against you dropped. 

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In Texas, if you face charges for a crime, you may be able to justify your acts through the necessity defense. The necessity defense is an affirmative defense and a defense that can explain your conduct.

If you had no choice but to harm another person to protect yourself, you may not have criminal culpability.

Were you in imminent danger?

One of the most important elements of the necessity defense is that you have to believe in the necessity of your conduct. At the time of the assault, did you fear imminent harm? For example, if another person tries to attack you, you can respond in self-defense. Likewise, if you see someone attacking another person, you can use force to help them.

Keep in mind that imminent danger refers to the incident itself. You cannot take action against someone out of fear of future threats.

Did you act reasonably?

Your actions under the necessity defense must not be unreasonable. When you use the necessity defense, a jury must consider the harm you caused with the action and the harm you avoided through the action. The person must also pose an actual or credible threat. For example, if someone makes a threat as a joke or if the threat is hyperbole, you do not have a defense against assault.

Jurors decide reasonable actions by considering how they would act in a similar situation. For instance, if someone witnesses an assault against someone they love, they are likely to hit or strike the assailant to protect the other person.

In some cases, if you can prove the necessity defense, the prosecution may drop assault charges entirely.

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Whether you are a college student facing a drug charge or the concerned parent of one, you might wonder how a pending drug charge may affect the future. In addition to fines, incarceration or other penalties, you may face certain consequences from your school.

As a college student facing drug charges, you may lose your scholarships through your school but likely not lose your federal financial aid. Taking steps to lessen the impact of a drug conviction may help save your financial situation.

Eligibility for financial aid

You likely agreed to follow a code of conduct during the application process for your college’s financial aid package. The university’s rules probably prohibit the use, possession or sale of controlled substances. Check if this code includes information about a drug conviction affecting your scholarships or grants.

Private scholarships and student loans may also have strict requirements, such as a clean criminal record. A drug conviction can disqualify you from receiving private scholarships for future semesters. Without the option of student loans to fund your higher education, you may have to rely on other forms of funding, including credit cards or personal loans.

Minimizing the impact

When you complete the Free Application for Federal Student Aid (FAFSA), answer all questions truthfully, disclose your convictions and fill out any related paperwork. You can also speak with your university financial aid advisor to help you with your options. Consider applying to scholarships that do not have strict requirements, such as disclosing criminal history. Finally, check if your college or university offers a drug rehabilitation program to help students overcome addiction.

Overall, you can take steps to mitigate how a drug conviction may affect your future, including your college financial aid.

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If you face criminal prosecution, possible consequences include jail time, probation or other restrictions. If you are a veteran, your benefits might be at stake.

Being charged with a crime does not jeopardize your benefits, but a conviction could. In fact, imprisonment for a conviction could potentially suspend or reduce payments.

Incarceration’s impact on benefits

Pleading guilty to a criminal charge could see the suspension of non-service connected pension payments or a reduction in disability compensation. Convictions affect military retirement pay or disability compensation differently, with felony convictions carrying 60-day imprisonment being the threshold for consequences. If your sentence involves a halfway house, work release program or community service, it is not the same as incarceration. These sentences would not impact benefits.

Options with loss of benefits

In some cases, you will not lose all of your benefits. If the conviction triggered a penalty for your military disability compensation, you may experience a reduction of half what is typically issued. If your rating was 40%, you could receive 20% going forward. However, in extenuating circumstances, such as the ability to prove hardship on a spouse or children with this reduction, you can request that the family directly receives the amount of reduced compensation.

For those serving time for either a misdemeanor or felony, a veteran’s pension terminates on day 61 of incarceration. If the VA does not receive notification of your incarceration, you may face financial liability for the pension payments received during your lockup once they find out.

It is possible to continue receiving benefits after your release, provided you meet eligibility requirements. The VA also offers special programs to help veterans reintegrate into society.

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If law enforcement officials allege that you or a loved one took goods valued between $2,500 and $30,000, they could file felony charges. According to Chapter 31 of the Texas Penal Code, theft of property worth at least $2,500 may result in a felony theft charge.

In some cases, taking property worth less than $2,500 may also qualify as a state-level felony offense. If a defendant received a previous theft conviction, regardless of the amount, officials may elevate an additional theft charge to a felony.

Prosecutors may file felony charges based on alleged “serial theft” activity

Items with a low individual value may lead to a felony charge if taken on separate occasions. As reported by FOX 44 News, a Texas resident made four separate trips to a Waco store over a four-month period and allegedly took a total of goods valued in the hundreds of dollars. The number of times the alleged separate thefts occurred, however, led prosecutors to file felony theft charges despite the total value of goods taken remaining less than $2,500.

Properties that may automatically classify as a felony offense

Regardless of financial value, law enforcement may file state-level felony charges for taking certain items. An alleged theft of an official carrier envelope or ballot used for an election could lead to officials filing state-level felony theft charges.

Property taken from a gravesite, military grave marker or human corpse classifies as a felony offense in Texas. A conviction may result in penalties such as incarceration in a state jail. Under the Lone Star State’s laws, theft involving guns or an explosive device could also bring felony charges.

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The phrase “second chances” is common in criminal defense. In Texas, it probably refers to a somewhat recent change in state law. This change allowed some people with single-offense criminal records to request nondisclosure orders.

This article focuses on the law resulting from House Bill 3016, which the governor signed near the end of 2017. Thanks to this legislation, those with minor convictions could potentially take better advantage of opportunities for housing, work and social interaction.

What does a second chance record sealing do?

A record-sealing order could effectively close the criminal record to the public. The person who benefits from the order would typically not be under an obligation to disclose the offense.

However, the record does not disappear. Law enforcement professionals could have access. The court would also use the records when determining penalties for subsequent offenses.

Who could be eligible for record sealing?

Texas state law lists many conditions for this second chance. For example, it does not apply to serious violent or sexual crimes.

The law, generally speaking, could give people with one-time, minor convictions a chance to break free of the indirect consequences that often come along with having a public criminal record. Examples of these impacts might include:

• Difficulty finding a job due to the requirement to declare a conviction
• Rejected lease applications due to a criminal record
• Lack of confidence when pursuing new ventures
• Social discrimination

Nondisclosure orders for criminal records could help people make an important step toward putting their lives back together. There could also be other options for post-conviction relief, depending on the details of the case.

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If you face assault charges, you need to take steps to safeguard your future immediately. Even if the charges are completely baseless, an unfavorable outcome in court could lead to harsh penalties. According to the Texas Statutes, assault involves recklessly, intentionally or knowingly causing bodily injury to another person (including a marital partner). Threats of sudden injury and physical contact deemed provocative can also constitute assault.

Assault charges can lead to serious penalties, ranging from fines to time behind bars. In addition, these charges could impact many other facets of your life.

Assault allegations and your career

If you find yourself accused of assault, this could prove devastating with respect to your career. You could lose your job and you could also struggle to find work later on. In addition, you could have to miss work as a result of an assault case, and these hardships can result in financial problems.

In the workplace, you could encounter difficulties with respect to co-workers, management, clients and customers.

Other challenges due to assault charges

An assault case could cause overwhelming emotions. Whether you have a lot of anxiety or become depressed, these serious charges could leave you emotionally drained and hopeless. Moreover, you could lose your reputation. Even if you can prove that the assault charges are baseless, you could struggle to restore your good name in the community, and an assault case could affect your personal and professional relationships.

Make sure you pore over the details of the incident(s) if you face assault charges, and make sure you have a comprehensive understanding of your options.

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A successful charge of DWI comes with significant consequences. In Texas, even a first-time offense can trigger up to 180 days behind bars and a $2,000 fine. Another potential is the loss of driving privileges for up to a year.

Breath tests are no longer in use as often as before. Instead, blood draws are now more likely. We rely on labs to reveal the truth, yet there are reasons for unreliable results.

Insufficient storage

Protocol states that technicians must use vacuum blood collection tubes. These vacutainers help shield samples from destructive contamination. When seals are not tightened, outside elements can creep in and throw off reliability.

Temperatures may also have a significant impact. Improper attention to lab climate threatens testing integrity. For that matter, vials have end dates that demand observation. Once they are past their expirations, the data they produce falls into question.

Insufficient potassium oxalate

Inadequate amounts of this compound trigger clotting. If this happens, the solid-to-liquid ratio gets thrown off balance. Such a situation sometimes causes higher readings. Figures that do not reflect reality spell trouble for their subjects.

Insufficient sodium fluoride

Scientists must mix a specific level of this element with blood during testing. A handler who lacks proper attention could administer the wrong amount. This type of oversight has the potential to lead to erroneous numbers.

When a blood alcohol test indicates intoxication, human error might be the explanation. It is tragic for anyone to receive punishment because of a scientific miscalculation. Any courtroom defense of this nature requires proof explaining the cause for inaccuracy.

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The consequences of drinking and driving in Texas come with a variety of punishments, but few include such severe penalties as underage offenders. The Texas Department of Public Safety reports that those convicted of a DWI offense lose their license for one year; however, this is only one of several consequences minor drivers may face.

Texas minor drivers who find themselves convicted of a DWI may regain their license but might still face several consequences as a result of the conviction.

Fees and fines

Underage drinkers who receive a DWI conviction may have to pay a variety of court fees and fines, depending on the type of punishment the attending judge hands down. Those who wish to regain their driving privileges need to pay a $100 license reinstatement fee.

Limited driving privileges

Minors convicted of drunk driving in Texas may have to apply for an interlock ignition device that restricts their ability to drive if the system detects any alcohol in the driver’s system. Drivers must blow into the connected tube on the device to give a sample before the device can sense they are not intoxicated. Others may operate a motor vehicle under a restricted license.

Driving and alcohol awareness classes

Some courts may require minor drivers convicted of a DWI to attend alcohol awareness classes. These may last up to 12 hours and if the attending judge makes these classes mandatory, the convicted minor may face additional fees and further punishment if he or she fails to attend.

Repeated DWI offenses made by minor Texas drivers could result in multiple suspensions and additional fees, as well as the eventual permanent loss of driving privileges.

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If you have ever interacted with a member of law enforcement, you may have found him or her to be chatty. While some officers are introverts who enjoy meeting others, cops typically do not make small talk to be affable. This is especially true if they think you have done something unlawful.

When you encounter an officer during a roadside stop, he or she may ask where you have been, where you are going, where you live or something else. Each of these questions can induce you into making incriminating statements.

Finding a rationale

Sometimes, even though they cannot identify exactly why, officers have a hunch a motorist may be doing something wrong. If officers turn on their lights and pull over the driver, they may be searching for a rationale for their stop.

This approach puts the cart in front of the horse in a concerning way. Still, according to PEW, officers might uncover a legally valid reason for stopping a vehicle after talking to its driver.

Investigating a crime

If officers have reason to believe you might have violated the law, they have a duty to gather as much information as possible. Nevertheless, they do not want you either to clam up or refuse to answer questions.

Because it is disarming, engaging in small talk may help officers investigate a crime without alerting you to their efforts. That is, you may not realize you are in the hot seat until after you have provided damaging information.

Ultimately, because you simply cannot know why officers are being chatty with you, it is advisable to say as little as possible during any roadside stop.

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