In Texas, an arrest and a conviction for driving while intoxicated (DWI) will remain on your criminal record long after a judge or jury’s verdict. The impact that your DWI may have on your life may not be fully apparent until it shows up during a background check when you are seeking college admission, applying for a job or renting a property. 

A DWI arrest will remain in your record unless you take steps to have it expunged. However, not all DWI cases are eligible for expunction. Here are the conditions you must meet to qualify for a DWI expunction in Texas.

If you were a minor at the time of arrest for DWI

Suppose you were arrested for DWI while under 21 and were not found guilty of any other violation under Texas law. In that case, you could potentially request for the expunction of your DWI arrest and conviction. 

You may be granted an expunction in such an instance based on the understanding that kids make mistakes. Texas law approves of rehabilitation rather than punishment for certain offenses. Officials might not see punishing you as an adult for a mistake you made as a child as serving any rehabilitative purpose. 

If you weren’t ever charged with DWI

Your DWI arrest will always be on public record. Thus, a potential employer or landlord running a background check on you will be able to see the details of your run-ins with the law as well as the specifics surrounding your DWI arrest. However, if you were arrested but not formally charged with DWI, you may seek to have your arrest expunged from your record. 

If your DWI charge was dismissed

As already indicated, a record of your DWI arrest and a charge will remain in place regardless of your case’s outcome. And this arrest and charge will not automatically “vanish” from your record unless you petition to have it expunged. You are generally eligible for an expunction if your DWI charge was dismissed and you haven’t been convicted of one since. 

If you have been arrested, charged or convicted of DWI in Texas, it is important to find out of you are eligible for expunction. A successful expunction can help clean your record and make your professional and personal life easier in the long run. 

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The idea of getting into a car and turning overall control and allowing the car to drive itself makes many uncomfortable. However, since autonomous vehicles (AVs) don’t get distracted or drunk, could they be a viable solution to reduce drunk driving-related accidents?

Cars that drive themselves were once a matter of science fiction. However, self-driving vehicles are taking the world by storm. Researchers forecast that approximately 33 million AVs will hit the road by 2040.

AV Taxi services

Google Maps is now allowing you to hail a taxi digitally via the self-driving car service, Waymo One. Many other companies are racing to enter the driverless vehicle market. Waymo One currently has a fleet of 600 fully autonomous vehicles, with about 300 to 400 of those servicing the Phoenix, Arizona, area. If one has had too much to drink, ordering a taxi pickup that is automatically driven could be a life-saving solution.

The obstacle of stigma

The current obstacle is not the safety record of AVs, but people’s willingness to use them. According to U.S. News, 75% of people would rather drive their own car than ride in a driverless taxi. When a person becomes intoxicated their reasoning and decision-making capabilities are impaired. The unwillingness to accept help from an AV when sober could be compounded when inebriated. However, with the global AV market currently being at $54 billion, AVs are undoubtedly here to stay and should be considered as a tool to avoid drunk driving.

If driverless taxi services have come along a little too late for you, it can be helpful to have professional guidance that is experienced in defending those accused of drunk driving.

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In many states assault and battery are treated differently as being separate crimes under state law. Assault is traditionally making threats that include bodily harm. Battery, on the other hand, is making contact with another person’s body in an attempt to cause damage. 

However, in Texas, assault and battery are treated the same as both being forms of assault. There are different classes and degrees of assault in Texas. Let’s take a closer look.

Classifications of assault in Texas

Assault in Texas can be defined as threatening to cause harm, intentionally causing physical harm or making contact with another person provocatively and offensively. Here’s how they are classified (and charged) according to the law:

• Class C misdemeanor: An assault is classified as Class C if the threat was through words or gestures without making physical contact.
• Class B misdemeanor: If the assault is related to a sporting event and someone performing in that event, or out of retaliation for a sports-related event.
• Class A misdemeanor: If harm is caused to another person physically or if physical contact was made against an elderly person, then it could be a Class A misdemeanor.
• Third-degree felony: Third-degree felony charges could result from a variety of scenarios:
  • If the assault is against a public servant, such as a police officer.
  • If the assault was domestic violence and the defendant has been previously convicted of a similar offense.
  • If the assault involved choking or strangulation.
  • A person working for a government agency commits assault.
  • A person who is a security officer commits assault
  • A person who works as an emergency service personnel commits assault
• Second-degree felony:  Domestic violence, previous convictions, choking can lead to a second-degree felony charge.
• First-degree felony: Domestic violence, assaulting a public official, witness or informant can result in a first-degree felony charge.
• Aggravated assault: An assault is considered aggravated when serious injury results or a weapon is used during the assault. 

Assaults are often charged to the fullest intent of the law to pressure defendants to plea bargain. The goal of the prosecution is to get a conviction by offering a lower charge (which may seem better than the alternative at the time) in exchange for an admission of guilt.

If facing assault charges in Texas, it can be helpful to have professional guidance that is experienced in the defense of assault charges. Going through the court system without legal assistance is never wise and could put your future in danger.

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When you and the gang got together last night, it turned into a real rager. You stayed until closing time and then did the responsible thing by sleeping on the couch of your friend who lived near the bar. But, as the sun hits you full in the face the following morning, you awoke with a staggering hangover and attempted to make the drive home.

Unfortunately, you didn’t get far. A policeman pulled you over because he alleged that you were driving erratically. The traffic stop ended with your arrest. Where did you go wrong?

Driving hungover presents the same dangers as driving drunk

One of two scenarios, or a combination of the two, may have led to your DUI arrest. The first is fairly simple — you were still legally drunk. If you really tied on a good one last night and stayed out until the last call, those few hours unconscious on your friend’s couch were insufficient to rid your body of all the alcohol that you consumed last night. Your blood alcohol concentration (BAC) could still be over the legal limit of .08% to drive.

The second scenario is that the symptoms of your hangover render you too incapacitated to drive safely. Dutch researchers and psychopharmacologists at Utrecht University in the Netherlands discovered that even after a night of partying when their blood levels had returned to .00% when they got behind the wheel of a car, hungover drivers displayed the same kinds of impaired driving errors as drunken drivers did.

How long does a hangover last?

Researchers concluded that in some cases, the accompanying misery of a bad hangover can linger for nearly a full day or 20 hours after the last drink was consumed. Drivers’ impairment levels were comparable to those drivers whose BACs were between .05% and .08%.

Hangovers reduce driving performance

The hungover motorists in the study experienced the same difficulties with staying in their own lanes as drunken drivers did. They also reported having to focus hard on trying to drive safely and showed a decline in their cognitive performances, including the following:

• Divided attention
• Selective attention
• Reaction times

If these facts surprise you, that’s understandable. If you are caught unaware and facing a charge of DUI, begin building your defense at the traffic stop.

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People accused of drug possession don’t always get arrested during some dramatic drug bust. Many times, drug possession charges are the result of less serious enforcement efforts, like a traffic stop.

When a police officer pulls you over for some minor infraction, they could then notice something that makes them suspect drug activities. Maybe they find the humor on your bumper stickers questionable. Maybe the music you listen to make them suspicious. They might even racially profile you.

When an officer who has stopped you asks to search your vehicle, you might instinctively say yes. Complying with the officer’s request might seem like the fastest way to get back on the road. Unfortunately, people often don’t know what is actually in their vehicles.

Vehicles can hide small, dangerous items you don’t even know are there

Buying used vehicles can be a frugal decision both for younger people still developing their professions and those who don’t care about the prestige of a fancier, newer vehicle. Unless you paid for expert interior detailing after you bought a used vehicle, there’s an unignorable risk that there could be something left behind from the previous owner.

Someone could have dropped baggies with drug residue in them, pill bottles with someone else’s name on them, or just seeds from their marijuana on the carpet or under one of the seats. The same risk is there every time you let someone else right in your vehicle. Your co-workers or even your teenage son’s best friend could drop or hide drugs or paraphernalia in your vehicle. Once the police find something inappropriate in your vehicle, they could arrest you and charge you with a crime.

Officers need a convincing reason to search without permission

You have every right to deny an officer’s request to search your vehicle. While the officer may not be happy about your decision, they can’t search your vehicle without a warrant or permission unless they have probable cause.

Standing up for yourself calmly during an interaction with police could be enough to protect you from a potentially devastating situation. Knowing and asserting your rights could help you avoid unfairly facing drug charges.

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Chemical and physical evidence can play a major role in criminal proceedings. Many jurors and prosecutors think of physical evidence as the most convincing kind available, especially when compared with witness testimony. 

However, not all physical or chemical evidence is as reliable as prosecutors would like people to think. The chemical breath tests often used in impaired driving cases can return false positives and lead to innocent people facing jail time and damage to their reputations. 

There are many ways that chemical breath tests can fail, including if the person taking the test has one of the two medical conditions below.

Asthma controlled with inhalers

Asthma is a respiratory condition that affects adults and children alike. Those with more severe asthma symptoms may require inhalers to keep their symptoms under control or respond to an emergency asthma attack that could occur at any time. 

If someone has recently used certain kinds of inhalers, that could result in a false positive on a breath test. Someone who hasn’t even had a single drink could seem incredibly drunk based on their chemical test results.

Diabetes or other conditions that cause ketoacidosis

Issues with your blood sugar can cause your body to act in unusual ways. If someone’s body goes into a state of ketoacidosis, one of the consequences will be the release of acetone. Your body gets rid of that acetone through respiration. When you exhale, small amounts will be present in the breath that leaves your body. That could trigger a false positive on a breath test during a traffic stop. 

Exploring how a breath test returned results that don’t align with your experience the night of your arrest can help you defend against impaired driving charges. When your future is on the line, don’t try to handle the situation without experienced legal assistance. 

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A prescription from a doctor makes it legal for you to possess and use controlled substances. However, people still get arrested all the time for violations of controlled substance laws.

What you do with the prescription medication could lead to your arrest and prosecution. Understanding ways that you might break the law with a drug that is legal when prescribed by a doctor can help you avoid making those mistakes.

Driving after taking a medication that affects your safety

Dozens of drugs can have dangerous effects on your ability to drive. Anything from a muscle relaxant to a sleep medication could impact your driving and put you at risk. You could cause a crash or just get pulled over and then arrested for admitting that you drove after taking a prescription medication.

Misusing a medication that a doctor prescribes

If you have a few pills left over at the end of your treatment, you might use those pills in a way other than the doctor intended. Taking more than you should at once or combining a medication with another substance can lead to an arrest for driving under the influence in addition to being dangerous for you.

Sharing your medication with someone else

Your prescription only makes it legal for you to possess the medicine. If you no longer need it, you should dispose of it safely. Transferring it to someone else, even if that person has a prescription for the same medication, violates the law. If that person gets caught with your pills or if they cause an accident or suffer harm after taking them, you might be the one facing legal consequences.

Recognizing the limitations of what you can do with prescription drugs can help you avoid drug charges. If you have been arrested, it’s important to protect your rights and understand your legal options.

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Did you know that getting too many DWIs could land you in prison? You may have known that you could go to jail or prison for a short time, but in some cases, you could spend your life in prison permanently. 

For this reason, it’s always a good idea to know your legal rights before you speak with the police. If you’re arrested, asking for your attorney and not talking about what you were doing or where you were going is important. If you’re convicted and have convictions in your past, then penalties could be life-altering.

A DWI could lead to a life sentence

According to news out of Odessa, Texas, one man pleaded guilty to driving while intoxicated, and that resulted in a life sentence. In his background, he had a murder conviction as well as two felony DWIs and two misdemeanor DWIs. When the jury set his sentence for the latest offense, they showed no mercy.

Pleading guilty eliminates your defense options

You may think that pleading guilty will help your case, even if you weren’t impaired at the time, especially if you have a criminal record. That isn’t necessarily true. You deserve an opportunity to defend yourself.

Is pleading guilty ever a good idea? That’s something to talk to your attorney about, but usually, it’s smarter to look at the case first and consider all avenues of potential defense. There are many questions that need to be asked: Was the Breathalyzer test given correctly? Was the traffic stop legal? Were there any medical conditions that might have led to a high blood alcohol content or inaccurate test results? 

If you’re facing a DWI, don’t assume that you need to plead guilty — and never assume that doing so will get you a lenient sentence. Working with an experienced legal advocate is wise.

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The first question on many people’s minds after being arrested for driving while intoxicated (DWI) or driving under the influence (DUI) is, “Can I get this expunged?” Expungement, or sometimes called expunction, is the process of sealing or eliminating an arrest or conviction from a person’s public legal record. Texas laws regarding expungement can be confusing and complicated. Let’s take a closer look at when a DWI can and can’t be expunged.

Situations when expungement might be possible

If a person was only arrested for a DWI, then there is a chance of expungement if certain conditions are met. The following four factors could make one eligible or even entitled to expungement.

• If a person was arrested for DWI and then the case was dismissed, or “nolle prosequi”
• If the conviction was later overturned in a court of appeals and results in being acquitted
• If a person’s arrest didn’t result in being charged by the District Attorney
• If after being convicted the defendant was later pardoned or found innocent

When is the expungement of a DWI impossible?

If the DWI arrest results in a Texas conviction, expungement is impossible. DWI convictions in Texas stay on criminal records permanently, and there is no “wash-out period” as with other charges. It is imperative to be proactive about expungement before a conviction is incurred.

The perfect time to research and seek counsel about expunging a DWI is immediately after being arrested. While the arrest has not resulted in a conviction there is a window of opportunity to build a defense strategy that includes expungement. The prosecutor can recommend expungement, probation or both. If expungement is an option, then there may be a two- to five-year waiting period before doing so. This is why it’s important to have expert representation that knows what is and isn’t within the legal realm of possibility.

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Joining the military means that interactions with law enforcement will have more consequences for you than for civilians. While you are an active service member, an arrest or criminal charges could lead to military consequences as well or even a dishonorable discharge.

When you have already secured an honorable discharge and continue to receive veteran’s benefits, a criminal conviction can be a reason to worry. Although criminal charges on their own don’t affect your benefits, a conviction possibly could.

Felony convictions can affect your disability benefits

A conviction for a felony offense that involves imprisonment could have an impact on veterans who receive disability benefits. If the incarceration lasts more than 60 days, their disability benefit rating becomes limited to 10%. If a veteran already has a 10% rating, they can expect the reduction of their benefits by half.

The same rules do not apply for those who are able to qualify for a work-release program or those living in a halfway house. Those on probation or other forms of community control and those incarcerated for a misdemeanor also don’t have to worry about a reduction of their disability benefits.

What about your other benefits?

During a period of incarceration, you likely won’t have access to care at veterans medical facilities. That’s not because you don’t qualify for health care benefits but because the facility housing you has the primary responsibility to provide your medical care until your release.

Those incarcerated for any kind of offense will lose their pension benefits after their sixty-first day of incarceration. There will also be limitations on education benefits depending on the circumstances. If there is a bright side to these consequences, it is that dependent spouses and children may be able to receive disability compensation that the incarcerated veteran does not receive. Dependent parents can also qualify in some circumstances.

It’s worth noting that at least some benefits will increase or resume after a veteran’s release, provided that they still meet the other criteria to receive the benefits. For veterans who depend on their benefits, fighting back against criminal charge rather than risking the consequences of a conviction may be the better approach.

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