Tag Archives: DWI

Court Rules Texas DWI Laws Don’t Discriminate Against Alcoholics

A San Antonio man attempted to overturn a four-year prison sentence by arguing that Texas DWI laws discriminate against alcoholics. According to the man, who was arrested in 2012 after a rollover accident near New Braunfels, state laws ignore that individuals who “suffer from the disease of alcoholism” have a tolerance to the effects of alcohol. The man argued that alcoholics are a protected class under the Americans with Disabilities Act who can be prosecuted for a DWI even if they did not lose control of their mental and physical faculties. However, the court did not accept the argument. In her opinion, the judge argued the man was unable to show evidence that alcoholics are a protected class or that state law treats them differently. Instead, the judge noted the man had argued alcoholics should be treated differently under the law. The Austin 3rd Court of Appeals said that Texas…
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Can I Receive a Felony for a DWI in Texas?

You could receive a misdemeanor or felony for a DWI in Texas. The type of charge you receive would depend on the circumstances. However, you should understand that felonies are much more serious charges than misdemeanors. If you are convicted of a felony in Texas, then you could face fines, jail time and a lengthy period of probation. You could receive a felony DWI in Texas if: This is your third DWI conviction: You could be charged with a felony if this is your third DWI conviction. In Texas, a felony conviction for a third DWI can result in a $10,000 fine and a two to ten-year period of incarceration. You had a child in the car: You could face a felony charge if you were arrested for a DWI with a passenger under the age of 15. In fact, you could be charged with a felony DWI even if…
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What Are No Refusal Weekends in Texas?

Drunk driving rates increase between Thanksgiving and New Year’s. For this reason, law enforcement in Texas and across the nation typically step up patrols during this time of year to pull over drunk drivers. Texas law enforcement agencies may announce no refusal weekends ahead of time, typically before a major holiday or event. Police conduct routine traffic stops during these periods to catch drivers who are under the influence of alcohol. If you are stopped during a no refusal weekend, officers will likely ask you to submit to a roadside breath test. This test allows officers to receive an estimate of your blood alcohol concentration (BAC). You can say no to this request. If you say no to a breathalyzer test, the officer could request a blood test. You could also refuse this request. The officer will most likely request a warrant for a blood test if you refuse. While…
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