There are two distinct situations involving alcohol that could lead to allegations of driving while intoxicated (DWI) in Texas. The first is when someone displays obvious impairment in managing their vehicle. Someone driving in an unsafe manner could face DWI charges based solely on their performance at the wheel. 

The state can also charge people based on their blood alcohol concentration (BAC). Regardless of your driving performance, exceeding the legal limit for BAC can lead to criminal charges. There are actually different limits that apply to different drivers. 

What are the different BAC limits in Texas?

The standard BAC limit for the typical adult driver is 0.08%. Anyone who meets or exceeds that limit could face arrest and DWI charges. However, there are two other groups of people who are subject to stricter limits on their BACs than the average driver. 

Someone driving a commercial vehicle must adhere to a strict limitation of 0.04% or lower. A result of just half of what is illegal for other drivers could lead to the arrest of someone in control of a commercial truck. 

Those under the age of 21 have an even stricter limit that they must meet. The zero-tolerance law for underage drivers in Texas means that a cop can arrest someone under 21 for any detectable amount of alcohol in their bloodstream. 

It is illegal for drivers to exceed the permissible BAC for their age and license type, regardless of how well they continue to drive. Understanding the DWI laws in Texas can help you avoid or fight back against criminal charges.

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If you think that the “war on drugs” is over – or even paused – think again. The reactionary approach to the opioid crisis has put many medical providers, doctors and pharmacists in the crosshairs of in-depth investigations by local and federal authorities.

Recently, a doctor, three pharmacists and a pharmacy technician were arrested for their role in what was allegedly a Houston-area “pill mill” that supplied opioids and other controlled substances without valid cause.

What’s going on with the Department of Justice’s case?

The three pharmacists and pharmacy tech are accused of acting in conjunction with a local physician to illegally distribute nearly four million oxycodone and hydrocodone pills. One member of the operation would steer people who were paid to pose as patients to the doctor, and the doctor would knowingly prescribe them medication they didn’t need. The pharmacists would then fill the prescriptions, knowing that the pills were headed for street sales. If convicted, all of the people charged face between 10 and 20 years in prison.

It’s important to understand that even though significant attention is being given right now to the growing problem of counterfeit prescription drugs laced with fentanyl, the authorities haven’t stopped looking for potential pill mills. While there are, without a doubt, bad actors out there who are fueling the opioid crisis, it’s also not unusual for well-intentioned doctors and pharmacists to get caught up in investigations.

If you suspect that you may be under investigation for operating a pill mill or helping distribute opioids illegally, don’t wait until the police are at your doorstep to seek legal guidance. A proactive defense is often the best.

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Drug checkpoints are not used in Texas, and neither are DWI checkpoints. The whole idea of setting up checkpoints that stop every car that goes through has been deemed unconstitutional, as they essentially mean that each checkpoint forces drivers to stop when there is no evidence that they’ve done anything wrong. 

But say that you’re driving along one day, and you see a sign saying that there is a drug checkpoint up ahead, and the police are going to search your car. You know that these checkpoints aren’t used, so what does the sign mean? 

It may be an attempt to get you to turn around 

There are stories of police departments using this as a tactic. They know that there isn’t a checkpoint, but they can still put up the sign saying that there is. They can then watch the sign carefully. If someone drives up to it, stops and turns around, then they can pull that car over. They know that the person is trying to avoid the checkpoint, which means they may have drugs in the car. 

Additionally, getting someone to turn around may influence them to pull an illegal U-turn. That alone gives the police a reason to stop the car, so they don’t have to worry about the traffic stop being illegal. If the driver turns around in a legal fashion and can’t be stopped, then the police may simply follow them and wait until they do something like not coming to a complete stop at a stop sign or going a few miles an hour over the speed limit. 

What should you do if you get arrested? 

If you get arrested, and you’re facing drug charges, they can alter the entire course of your life. You must know about the legal defense options at your disposal.

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When you think about a driving while intoxicated arrest, you might imagine someone who has been drinking alcohol heavily. The reality is that any kind of intoxicating or impairing substance could cause you to make driving mistakes that lead to a DWI.

Interestingly, there are several kinds of substances that might lead to a DWI charge. Those could include things like over-the-counter medications that made you too drowsy to drive safely or prescription drugs that are known to cause impairment.

What are some common substances that may lead to DWIs?

The most common substance that leads to a DWI is alcohol. Whether it’s beer, wine, spirits or alcohol in some other form, it has the potential to lead to a DWI if you’re caught driving recklessly while impaired.

Another common cause of DWIs is impairment by prescription drugs. For example, prescription opioids, like fentanyl or hydrocodone, may make people dizzy and tired. These drugs might also make people confused or slow their reaction times.

Impairment by illicit drugs, like heroin or cocaine, is also possible and may lead to a DWI. On top of a DWI, it is possible to face drug charges if you’re caught driving while using illegal drugs.

Can you face a DWI if you aren’t impaired by drugs or alcohol?

Yes, you can, which is a fact that confuses a lot of people. While you may be able to defend against the arrest later, it is possible that you could be accused of a DWI when you’re actually dealing with a medical emergency. For example, if you have diabetes, your breath may smell like alcohol due to high blood sugar levels. This could lead to an arrest prior to realizing that you’re dealing with a medical condition.

A good defense is essential when you’re facing a DWI

Since there are so many reasons that a person could face a DWI, it’s important that everyone has an opportunity to defend themselves. A good defense can make a big difference in your case and help you minimize the risk of facing serious consequences, like jail time or heavy fines, for unusual driving behaviors.

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After an argument with an old friend, you may be surprised when the police show up at your door, charging you with assault. Before you say anything, you need to know what “assault” and “battery” are.

If you have any good defense against the charges you may be facing, be ready to use them. Assault charges may be fully investigated, due to the perception of the crime.

What is assault?

“Assault” means making offensive, unwanted contact with someone. Someone who uses force against someone, intending to hurt them, may not use a weapon. Another person may use a deadly weapon in their assault. By using a weapon, the person faces much more serious charges.

If you used force against another person, but you did not hurt them, the charges you may face will be lighter. Assault charges are classified as either a misdemeanor or a felony. Learning how the police and criminal courts treat assault will help you to build a stronger defense.

Understand what the state plans to use against you

Texas treats assault and battery as two crimes. An assault threatens someone with harm; battery happens when you make physical contact with someone else.

A Class C misdemeanor means you threatened someone with bodily harm. A Class B misdemeanor means you assaulted someone in retaliation for a sports performance. A Class A misdemeanor means you injured someone, with no aggravating factors.

The most serious is the first-degree felony. You have been accused of assaulting a public official, emergency worker or someone with whom you are in a domestic relationship. The penalty may be five years to life behind bars. You may also have to pay a fine.

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Self-defense can be a strong argument when you are facing a criminal allegation that involves a crime of violence such as assault. Essentially, arguing self-defense means admitting to committing a violent act, but claiming that the act was justified.

In fact, self-defense is one of the most defenses raised in assault cases. However, it is important that you understand this defense strategy based on the specific circumstances of your case. 

What are the limitations of a self-defense claim?

The right to use force (deadly or otherwise) in self-defense is subject to a number of exceptions. For instance, under Texas law you cannot argue self-defense under the following scenarios:

• You provoked the attack or were trespassing on the other party’s property
• You responded to a threat that did not pose a risk of serious bodily harm or death with the use of deadly force
• You assaulted a police officer while they were procedurally executing an arrest
• You were responding to nothing more than verbal provocations

Here are valid scenarios when you can claim self-defense during your assault case:

• An intruder broke into your home, and you responded by using proportional force to protect yourself or your family
• You were attacked in a public place, and you did not have the option to get away, so you responded with proportional force

In general, the reasonableness of your actions is what has to be carefully considered in any self-defense claim. The court will look at both the reasonableness of your fears and your response to the perceived threat to your safety.

If you have been charged with assault in Texas, successfully arguing self-defense can save you from a conviction — but it’s not an effective strategy in all cases. Learning more about how the law works can help you make informed choices about your defense.

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Facing criminal charges can be a daunting prospect. A criminal conviction could significantly alter your life, particularly in the case of convictions for violence. 

Often, those accused may feel surprised, shocked and bewildered when notified that they are being prosecuted. Frequently, this is a result of misconceptions that are in circulation about the laws. As a result, it is important to identify the truth about criminal offenses. Outlined below are three common myths about assault charges in Texas. 

1. There is no noticeable injury, so you cannot face charges

While bodily injury is often a factor in assault cases, this is not always the case. Alleged victims do not necessarily need to display outward signs of injury, such as cuts and bruises. In fact, the law in Texas makes clear that a threat of imminent bodily injury or even mere offensive touching could be enough to warrant an assault charge. 

2. You cannot be charged if you have reconciled with the alleged victim

Often, people are under the impression that assaults that happened in the past cannot be prosecuted. However, this is not the case. The law in Texas states that the prosecution typically has two years to bring a case forward. In more serious scenarios, this may even extend to three years. 

3. The alleged victim can drop the charges

It is a common misconception that the alleged victim gets the final say in whether or not a prosecution takes place. Occasionally, the alleged victim and perpetrator will reconcile with no ill-feeling towards one another. However, this does not change the fact that a crime has allegedly taken place. It is the role of the prosecution to decide whether or not charges are brought. 

Recognizing the common myths about assault charges in Texas could be of great benefit. If you have been accused of a criminal offense, it is important to remember that you have legal rights and there is help available when you mount your defense.

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People take to the road for many reasons in Texas. Driving may be critical to their ability to make a living. It may also be the only way to pick up the kids from school or visit loved ones at their homes. 

Consequently, a driving while intoxicated (DWI) conviction can have devastating consequences. Often, people will use their cars to get to the bar, with the intention of either not drinking at all or taking a cab home when the night is over. There may be occasions where sleeping it off in the car seems like a viable option. But is this really a good idea? 

What does the law in Texas say? 

Texas law states that you can be charged with DWI if you have operated a vehicle while intoxicated in public. Operating is a broad term that can be understood in different ways. As a result, even an attempt to drive, backed up by circumstantial evidence, could be enough to land you in legal trouble. 

Sleeping in the car could amount to circumstantial evidence 

Any circumstantial evidence that indicates you drove while under the influence could result in criminal charges. For example, if the keys were in the ignition, this could lead prosecutors, a jury or a judge to believe that you had driven while intoxicated. Additionally, if the car was running, even in a stationary position, this could provide the impression that you drove to the spot while intoxicated. Even the fact that you were found sleeping in the driver’s seat of the vehicle could be enough for prosecutors to bring DWI charges. 

Understanding the law as it relates to DWI offenses in Texas could be in your best interests. If you are facing criminal charges, this is a serious matter, and it is important to remember that you have legal rights.

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Texas assesses multiple penalties against those accused of driving while intoxicated (DWI). If you plead guilty or get convicted in court, you might face jail time, fines and also the loss of your license for an impaired driving charge.

Most DWI offenses result in between one and two years of license suspension. Repeat offenses and other aggravating factors, like the presence of children in the vehicle, may substantially increase the length of the license suspension.

Losing your license can be a significant hardship for someone with a job or a family. You won’t be able to reliably get to and from work or take other family members where they need to be. After a DWI conviction, you may realize that you need a restricted interlock license.

What is a restricted interlock license?

When the state suspends your license, you don’t necessarily have to go a year or longer without driving. A restricted interlock license can allow you back on the road for the duration of what would otherwise be a suspension.

However, you will only be able to drive a vehicle with an ignition interlock device installed. These devices require a chemical breath test every time you start a vehicle to prove that you do not have alcohol in your bloodstream. Provided you comply with the restrictions on your license, you can continue driving, working and caring for your family.

Of course, there are costs involved with obtaining your restricted interlock license, including the cost to install and routinely maintain and re-calibrate the ignition interlock device (IID) that you have installed in your vehicle.

Still, when weighing those costs against the potential losses you can suffer when you are unable to drive or a year or longer, paying for an IID and performing a test every time you start your vehicle may seem like a small price to continue driving.

You could avoid a restricted license by fighting the DWI

Some people will need help navigating the process of applying for a restricted interlock license, but others will desperately want to avoid those restrictions. Either approach may require planning and support.

Fighting the DWI charge, possibly by challenging the breath test results or submitting medical evidence, could help you avoid a restricted license and all the expenses that come with it.

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Any drug offense is serious as it can carry stiff penalties, including potential imprisonment, fines, and a lifetime of collateral consequences. However, possession is the least serious of all drug offenses, especially when compared to distribution or trafficking offenses.

There are instances in which individuals who would typically be facing possession charges end up facing enhanced charges because law enforcement discovers everyday cleaning solvents and other household products within some proximity of a small amount of a controlled substance. Police investigators may assume that their suspect is operating a much larger manufacturing operation when this occurs.

What normally legal products could lead to more serious drug charges?

The possession of marijuana for recreational use is still illegal in Texas. You might particularly like certain herbs you use for cooking or have catnip around your house for your cat. Both of these may have a similar appearance to marijuana when crumbled. This stash, in combination with rolling paper (that you use for making your own tobacco-based cigarettes) could leave you facing serious drug charges over nothing illegal.

A combination of cleaning solvents that are known to police to be used to formulate meth might also raise their suspicions. If you use your kitchen for a small soap or candle-making operation, then your kitchen might appear as if you’re mixing chemicals — not all that different from a meth lab.

Certain substances such as sugar or baking soda may appear like cocaine, especially if separated from their packaging. The presence of a hollowed-out pen or straw could also give police the impression that you’re up to something illicit.

It’s possible for you not to have a drug on you but to still end up facing such charges. You may also temporarily face upgraded distribution or trafficking charges if initially arrested on suspicion of possession. You must act aggressively to minimize the impact that drug charges could have on your life.

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