I regularly hear people say, “just don’t drink and drive.” The implication is that if you don’t drink an drive, you won’t be arrested for driving while intoxicated. Statements like this assume that everybody who gets arrested for DWI is guilty, when people are sometimes arrested when they have not had anything at all to drink. I have represented several people in the past who were arrested and charged with DWI. Read More
How You Can Keep a DWI from Affecting Your Future
If you don’t know my story, I was arrested and charged with DWI in 2001. It was a difficult thing to go through when it happened. It was just as difficult every time I applied for a job, when I applied for law school, and when I applied for my law license because I would have to explain that I had been arrested and why I had been arrested. What I didn’t know until I became a lawyer was that there are things that Read More
Driving While High
In Texas, someone can be charged with driving while intoxicated whether they are intoxicated from alcohol, marijuana, or some other intoxicating drug. Most people know that the legal limit for alcohol is a blood alcohol content (BAC) of .08 or higher. What many people don’t know, is that there is no magic number for marijuana. In some states, like Colorado, you are above the legal limit if you have .05 nanograms Read More
What Happens When an Officer Doesn’t Read You Your Rights?
Ernesto Miranda A comment that I frequently receive from clients is that the officer didn’t read them their Miranda rights when they were arrested. How does this affect their case? The Supreme Court held in Miranda v. Arizona, that the Fifth Amendment of The Constitution requires officers to advise people of certain rights before a custodial interrogation. This means that an officer only needs to read a person Read More
