When you are pulled over and arrested for a DWI, a lot of things are racing through your head: How did this happen? What should I do? Who should I talk to? However, while it is understandable that you may be overwhelmed and anxious, it is important to follow certain practices and make note of the events that surround your DWI arrest.

Here are four important things that you should understand about DWI arrests in Texas:

1. Your lawyer must obtain all reports and information surrounding your arrest

While the details of your arrest may be blurry and confusing due to alcohol or the stress surrounding the event, it is important to make note of several things for your lawyer:

• What you were doing prior to arrest? Also, be sure to tell your lawyer about anything earlier in the day that may have influenced your condition. (Sleep deprivation, illness, etc.)
• Your consumption of alcoholic beverages. Be sure to take special note of the time that you drank each beverage because timing can sometimes be more important than quantity.
• The officers stated reason for stopping you. Did you violate a traffic law? Were you swerving or driving erratically? Had the police officer set up a sobriety checkpoint to test people for drunk driving?
• The statements you made to the officer. Be sure to tell your lawyer whether or not you admitted to drinking and driving. Also, it’s important to note if you asked to speak to a lawyer at some point during your arrest.
• Whether or not the officer asked or ordered you to take a roadside test. Field sobriety tests are not mandatory in the state of Texas, however many officers will not volunteer this information to you.
• Did you take any breath or blood tests? If so, what were the results? (These tests are also not mandatory.)
• Were there any witnesses present for your arrest?

2. You must act immediately to protect your right to drive

As soon as you were arrested, the officer should have given you a notice of suspension. This paperwork has all of the information about the suspension of your driver’s license.

It’s important to understand that from the date the notice was served, you only have 15 days to request a hearing to fight the suspension of your license. If you do not request a hearing within 15 days, your license will be suspended automatically.

However, if your blood alcohol content was well over the legal limit to drive, or if you refused to take a test, you may not be able to drive again for a certain period of time.

3. You have the right to a Jury

In the state of Texas, you have an automatic right to a Jury. It is strongly recommended that you opt for the Jury to make the decision, rather than just the Judge. This is because if you chose a Jury, six people have to agree on your guilt rather than just one.

4. There are three ways your arresting officer’s testimony could be discredited

Once you get to your DWI trial, there are three ways in which the arresting officer’s testimony could be discredited:

1. Inconsistent statements: If the officer changes his story about circumstances surrounding the arrest. This could also occur if his accounts of the field sobriety test do not line up with video footage.
2. Inability to conduct the field sobriety test in the proper manner: Field sobriety tests have to be performed the prescribed standardized manner by a skilled officer who is in a controlled environment. Even then, field sobriety tests can be an inaccurate indicator of intoxication levels.
3. Failure to recollect: If your arresting officer cannot recall activities surrounding your arrest such as why he pulled you over or how you performed on your tests.

It is important to understand your rights when you have been arrested on DWI charges. Be sure to consult an experienced DWI lawyer if you have any further questions about Texas state laws or DWI cases.

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Getting pulled over on suspicion of drunk driving can cause stress and worry for many different reasons: fear of arrest, confusion about your rights, and, most of all, anxiety about the Field Sobriety test. However, while many people have heard of Field Sobriety tests, very few understand their rights and just how important their performance of this test can be.

One thing that many people do not know, and officers often do not mention, is that taking a Field Sobriety test is not mandatory. It is completely up to you whether or not you decide to take it. However, there are a few things you need to know before you decide:

Your words and actions are very important

Even if you agree to take the Field Sobriety test, your actions and words are still a strong determining factor in whether or not the officer will arrest you on DWI charges, so be smart about what you say. Do not try and talk yourself out of the situation, and more importantly, do not lie about whether or not you have been drinking. Telling the officer that you had a beer or two is not enough by itself to get you arrested. Also, it will help to explain the smell of alcohol that may be on your breath or in your car.

What many people do not understand is that the number of drinks you’ve had is not nearly as important as when you had those drinks. Studies have shown that healthy people metabolize alcohol at a fairly consistent rate. The average male will eliminate around one drink (or 15 ml) per hour. Therefore, if the officer asks how much you had to drink, five beers over the course of five hours sounds a less incriminating than just saying five beers.

You do not have to take a Field Sobriety test

Texas state law does not require that you perform any type of test if you are pulled over. However, you should know that if you refuse to take a Field Sobriety test, it is very likely that the officer who pulled you over will arrest you. With that being said, if you know that you can pass a Field Sobriety test, taking into account all the circumstances surrounding the request, it is recommended that attempt it. If you pass, the officer should let you continue on your way.

However, if you are completely unsure of what to do, consider responding to the officer by stating, “Officer, I would like to contact a lawyer before deciding whether or not to take these tests.” It is very unlikely that the officer will grant you this request, but at least you did not outright refuse to perform.

When someone refuses to take a Field Sobriety test, the argument that many prosecutors try to make is that this was because you knew you could not perform well due to your intoxication level. However, if you first asked to contact a lawyer, you could make the argument that you made a logical decision by exercising your normal mental capability in wanting legal advice.

You can be arrested even if you pass your Field Sobriety test

The only thing that an officer needs to arrest you is Probable Cause―the state of Texas states that Probable Cause exists when “facts and circumstances within (an) officer’s knowledge, and of which he has reasonable trustworthy information, are sufficient in themselves to warrant a man of reasonable caution in the belief that a particular person has committed or is committing an offense.”

In short, DWI is an opinion crime, so if in the officers opinion, you did not pass the Field Sobriety tests, he or she can arrest you. The reason behind this could be something as simple as swaying while standing on one foot, something that people do all the time while sober.

The bottom line is that many police officers would rather be safe than sorry when it comes to drunk driving, regardless of how well you performed the Field Sobriety test. This is one of the most vital reasons, among many other,  that it is important to hire an experienced DWI lawyer.

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Alcohol is a often a big part of enjoyable summer activities: Weekend BBQs with family, late night bonfires at the cabin, days spent by the pool or the lake. However, as much fun as summer drinking can be, it’s also one of the most important times of the year to be cautious about your alcohol intake.

Drinking in the sun rapidly dehydrates you

Alcohol is one of the most dehydrating substances that you can put in your body. Combine this with drinking all day in the hot summer sun and it can be a dangerous combination.

Not only is a dehydrated body less equipped to handle large amounts of alcohol, but it is also more prone to heat exhaustion. Heat exhaustion can cause a person’s body temperature to rise, produce dizziness and lightheadedness, and even cause a person to lose consciousness.

The tricky thing about the side effects of dehydration is that they can feel as if they come out of nowhere. The reason for this is that many people do not realize that they are dehydrated when drinking out in the sun, especially if they are drinking a cold beer to quench their thirst.

The best way to fight against dehydration while drinking in the summer sun is to match every alcoholic drink with a glass of water or juice. This will help to make sure that your body is staying hydrated throughout the day. Another good rule of thumb is to only drink alcohol after you’re no longer thirsty. Becoming thirsty is a sign that you are already dehydrated, so quench your thirst with the proper hydration that your body needs. One you are no longer thirsty, then have an alcoholic drink in moderation.

Alcohol inhibits your ability to operate watercrafts

It’s important to understand that the same things that make drinking and driving dangerous can also be  applied to watercrafts: impaired judgment, coordination, information processing, etc. In fact, when you add in the sunshine, the wind and the constant motion of the waves, boating can be even more challenging.

Most states, including Texas, consider a boat operator to be legally impaired when their blood alcohol content is at .08 percent, a level that is usually reached after three or more drinks within an hour.

Alcohol inhibits your ability to swim

According to the U.S. Centers for Disease Control and Prevention, alcohol is involved in 25-50% of water-related adult deaths. The biggest reason for this is that drinking can inhibit both your swallowing and breathing reflexes―both of which are essential for swimming.

It’s also important to remember that alcohol can affect your ability to judge distances. This can often lead people to swim far out into the lake or ocean, or even dive from a dangerous height.

If you remember these tips for responsible summer drinking and carefully consider the safety risks of mixing summer fun with alcohol, you can help to prevent an alcohol-related incident from ruining your fun summer season.

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Nearly everyone at some point or another has been informed about the numerous dangers of drinking and driving. Whether it was from your health teacher in middle school, your parents when you received your driver’s license, or from one of the many different advertisements online or on TV, every message is usually the same―drinking and driving is bad.

However, while many people were taught the consequences and dangers that can come from drinking and driving, very few understand just why alcohol can affect our ability to drive. Without this knowledge, many people who spend the night out at the bar drinking with friends and don’t really feel “that drunk” may attempt to drive because they aren’t aware of how their body has been effected.

Because alcohol can influence your ability to drive, even when it is ingested in small quantities, it’s important to understand just what parts of your mind and body are being effected so that you can determine whether or not you are safe to drive home.

How Does Drinking Affect The Body?

Unlike when you consume food, alcohol does not get digested within your body. Instead, it is water-soluble and is absorbed into the bloodstream, where it is carried to all of the body’s important organs―the liver, heart and brain. As a result, alcohol can impair your brain and motor functions within minutes.

Therefore, when a driver consumes alcohol―even as little as two drinks―they impair a large number of skills that are necessary for carrying out basic driving maneuvers such as depth perception, reaction time and concentration. Even worse, alcohol is a mood changer which can affect your judgment, making you think that you are fine to drive when you may actually be overly intoxicated.

What Are Some Common Signs People Exhibit When Driving Drunk?

You driving capabilities can vary greatly depending on how much you’ve had to drink, how much you weigh, and the amount of time in which you consumed your drinks. For instance, a 200-pound man who drinks three drinks in two hours will have a much lower blood alcohol content (BAC) than a 110-pound woman who had the same amount of drinks in that same time.

However, research conducted by the National Highway Traffic and Safety Administration has come up with several common signs that drunk drivers often exhibit when pulled over for drunk driving:

• Changing speed or lanes frequently for no reason
• Ignoring or overshooting stop signs
• Being unaware of the speed in which they are traveling
• Weaving or swerving on the road
• Following cars too closely
• Turing in a wide radius while straddling the center of the lane marker
• Going 10 mph slower than the speed limit

What Should You Do If You Are Pulled Over For Drunk Driving?

Being charged for Driving While Intoxicated (DWI) can result in serious fines and penalties, including possible jail time, license suspension, increased insurance costs and mandatory probation programs. Because of this, you should always contact an experienced DWI lawyer if you are arrested for drinking and driving. By seeking out proper help and assistance, you can insure that your consequences will be minimal and that you can happily put the mistake behind you.

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Heading to court can be an intimidating and nerve-racking experience for anyone. Whether it’s your first time entering the court house, or you’ve had the misfortune of being there before, the seriousness and severity of the matter can hit you head on as soon as you walk through the doors, causing you to feel completely unprepared for what’s ahead.

While each court experience can differ depending on the terms of your arrest, there is usually anywhere from a handful of people to as many as 50 people packed into your courtroom. Usually, each of these people will be facing various criminal charges, including driving while intoxicated (DWI). However, there is one single thing that can relate each and every one of these defendants―they all want to make a good impression on the judge.

Whether or not you think it’s fair, as soon as you enter court, you will be judged on everything from the clothes you are wearing and your overall demeanor to your criminal history. Therefore, how you choose to act and present yourself may directly impact the feelings of the judge and the direct outcome of your court case.

Because of this, we have put together a list of some of the most frequently asked questions about DWI court. Knowing the answer to some of these important questions will not only help you feel more prepared for your case, but it will also help you to make a better impression on the judge.

“If I intend to plead guilty, then why do I need a lawyer?”

Even if you were hired a private DWI lawyer, there is a good chance that you will be out of court relatively quickly. This is because private lawyers typically go before public defenders or self-represented defendants.

“How long will a DWI arrest stay on my record?”

Unfortunately, if you are convicted of a DWI, your charges will stay on your record forever. However, if you are found not guilty, you may be able to have your DWI charge “expunged” from your record, erasing it permanently. If this is the case, no employer, police officer or prosecutor will be able to find evidence of the expunged charge.

Because DWI cases are such a serious matter, it is vital that you hire an experienced DWI lawyer to handle your case. As long as you do, you can ensure that your case will be handled properly and that you will receive the best possible outcome for your DWI charge.

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Girls love heading to the bar just as much as any guy. Whether it’s for a drink after work, a night out with the girls, or just hanging out on a Friday night, it can be relaxing to sit at the bar and have a couple drinks with friends.

Unfortunately, while we hear about women heading out to the bar just as much as guys, we tend to hear a little bit more about those girls―You may have seen a few of them last time you were out at the bar: The ones who just couldn’t seem to keep up with the guys or got a little sloppy while the rest of their co-workers were still sober.

It makes you wonder why women will get like that when alcohol treats both men and women equally… or does it?

Actually, any women who is attempting to “hold her own” when drinking with a man is putting herself at great risk. This is because when it comes to alcohol, men and women are inherently unequal. In fact, a higher blood alcohol concentration (BAC).

Women also become more intoxicated in a shorter amount of time because they tend to have a higher percentage of body fat than men. Body fat is not able to absorb alcohol, therefore it is concentrated at higher levels in the blood stream. Add all of these factors together and it is easy to see why a woman absorbs up to 30% more alcohol in their bloodstream compared to a man of the same height and weight.

Health and Well Being

Alcohol not only affects a women differently at the time that she is drinking, but also in the long-term effects of alcohol consumption. Women who consistently drink are at higher risk of developing serious conditions such as heart disease, liver disease, memory loss and ulcers compared to men.

A recent study by the Journal of the American Medical Association also showed that a woman’s risk of breast cancer rises with the amount of alcohol that she consumes. In fact, the study showed that women who drink two to five alcoholic drinks each day were 41% more likely to develop breast cancer than non-drinkers.

The bottom line is that when it comes to alcohol, men and women are vastly different. By understanding the different ways in which alcohol can have an effect on your overall health and body, you can help to ensure you stay safe and smart each and every time you head to the bar.

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After a long, hectic work week full of stress and anxiety, sometimes nothing sounds better than a drink or two out at the bar with friends. However, once you get into the relaxed flow of kicking back with a couple of beers and blowing off some work-week steam, it’s easy to keep ordering “one more round” over and over again. Before you know it, everyone is asking for their checks and grabbing their keys, and you have no idea how much you have just had to drink.

Many people often face the same type of dilemma when they leave the bar―Inside they feel as though they would be fine to drive, but they don’t remember how much they’ve had to drink. This can prompt the scary question that nearly everyone faces when leaving the bar after a night of drinking: “To drive or not to drive?”

Luckily, there is a simple way to determine whether or not you are over the legal limit to drive―your blood alcohol content (BAC) level. This simple calculation is the most accurate way to find out how much alcohol is in your body and to determine your intoxication level.

What Is A BAC Level?

Blood alcohol content, also known as BAC, is You are able to calculate your blood alcohol content by taking your weight, age, number of drinks consumed and how long you have been drinking to determine what percentage of your blood contains alcohol. This can be done in a simple four step process:

1. Count the standard number of drinks you have had over a certain period of time. (The law defines a standard drink as 12 ounces of beer, six ounces of wine or one shot of liquor.)
2. Determine the amount of time it took for you to consume these drinks.
3. Multiply the number of standard drinks you consumed by .025 percent. For instance, if you had six drinks, your percentage would be .15 percent.
4. Subtract .025 percent for each hour that has passed since you started drinking. For example, if you have had six drinks over a three hour period, you would subtract .075 percent from .015 percent (your total from the previous step). That would equal a BAC total of .075 percent―just under the legal limit.

While this is a standard calculation that you can do to determine your BAC level, it is important to remember that there are many different variables that can alter your percentage including your body size, how fast you drink, your gender and any medications you may have taken. If for any reason you doubt your ability to drive safely, you should always be cautious and simply find a different ride home. After all, calling a taxi cab is much cheaper than getting charged with a DWI.

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Being pulled over for a possible DWI can be very nerve-racking and intimidating, especially if it isn’t your first alcohol-related charge. However, the prospect of actually being convicted of drinking and driving and possibly going to jail is enough to scare anyone―first, second or third offense.

If you have been arrested for drinking and driving, it is extremely important to contact an experienced DWI layer, even if you presume that you are guilty. Attempting to represent yourself in court for a DWI conviction or choosing to work with the most inexpensive lawyer available may hurt your record more than it should. Plus, it could actually end up costing you more money in the long run.

An experienced DWI lawyer can look into the proof against you in an evaluative way that you will not be able to do yourself. A good lawyer is also essential if you are hoping to limit the damage that a DWI conviction can have on your life, your career and your future.

So, how do you determine whether a DWI lawyer is right for your case? Here are some of the most important factors to consider when looking for an experienced DWI lawyer:

Choose A Lawyer With Professional Experience

It is important to choose a DWI attorney that not only has at least five years experience in the areas of criminal law, but who also focuses their entire practice defending those charged with DWI-related offenses. You should also consider hiring someone who has DWI case experience specifically  in the county in which you are facing criminal charges.

However, there is no set number of cases or trials that will determine whether or not a lawyer is qualified to defend you. Developing expertise in the field of DWI litigation requires extensive knowledge of the relevant laws and procedures in your state, as well as a proven record of cases won.

Avoid Hiring a “Discount Lawyer”

Many people who are charged with a DWI try to hire and lawyer who is cheap so that they do not spend any more money than they already have to for their DWI charge. However, what many people don’t realize is that a “cheaper” lawyer usually ends up being more expensive in the long run. This is because they will likely be trying to turn out cases as quickly as possible in order to make more money. Therefore, they will have less time to represent you, creating a better chance of your conviction.

Choose A Lawyer That Also Handles License Suspension

Two things happen when you are arrested for a DWI: First, you have a case pending against you for driving while intoxicated, and second, you have a hearing about the suspension of your driver’s license (commonly referred to as the Administrative License Revocation “ALR” hearing). If a lawyer does not personally handle both of these cases, you may want to consider a different lawyer.

Always be sure to ask a lot of questions when choosing a DWI lawyer to represent you in court. It is important to find someone who is just as passionate about helping your case as you are. After all, in the long run, the only person who would be affected by not hiring a lawyer is yourself.

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Everyone has their own personal preference when it comes to drinking alcohol. Some people enjoy a classic cocktail such as gin and tonic or rum and coke, while others may prefer a more extravagant mixture such as a fruity martini or a trendy micro brew. And just as fashion trends come and go each and every season, many alcoholic drinks will gain a popular buzz around them, prompting the beverage to become the most popular drink at every bar in town.

In the last couple of years, classic cocktails and martinis are increasingly becoming replaced by a wave of energy drink and alcohol concoctions. These types of drinks can range from a simple mix, such as vodka and Red Bull, all the way to the adventurous “Jager Bomb”―a powerful combination of 70-proof Jagermeister which is dropped into a glass of Red Bull.

However, while these high-energy mixes may seem like an exciting trade-in to your average Bud Light or Jack and diet, pairing energy drinks with alcohol can be a hazardous combination if you are not careful.

Given the fact that a 0.08 BAC level is the legal limit in most states, this is a dangerous combination for those who are walking or driving home from the bar.

Here are a few more things that you should know about mixing alcohol with energy drinks:

May Lead To Heart Problems

Whenever you are drinking high levels of caffeine, especially the amount that is often found in energy drinks, you are boosting your heart rate and speeding up your blood pressure. Mixing these types of drinks with alcohol can further increase the risk of heart palpitations, even prompting cardiac-related problems.

Creates A Bad Hangover The Next Day

Many people are aware of the fact that alcohol can make you dehydrated. However, the caffeine that is found in energy drinks is a diuretic, which causes the body to lose a lot of water. Therefore, combining the effects of these two beverages can cause your body to become increasingly dehydrated, causing a brutal hangover the morning after your night of drinking.

Causes You To Feel Less Impaired

Whenever you are feeling fatigued and exhausted after a late night of drinking, it is your bodies way of telling you that it is ready go home and shut down for the night. However, energy drinks cause your body to lose this natural feeling of control and sedation, and instead, keep you wide awake and drinking longer.

If you are a big fan of these energy drink cocktails and are not ready to give them up completely, limit yourself to only one on occasion and make sure that you pair it with a glass of water to stay hydrated and alert. As they say, everything is fine in moderation―just be sure that you know your limits when it comes to safe drinking and driving.

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Whether it was through a personal experience or due to the popularity of police movies and television shows, many people have heard the Miranda warning before, or could at least recite the opening lines: “You have the right to remain silent. Anything you say can and will be used against you in the court of law…”

However, while many people have heard this statement before and have a brief understanding of what it means, very few actually know the rights and conditions behind it. For instance, many people assume that, when you are pulled over or arrested for a DWI, a police officer is always required to read you your Miranda rights―not true.

There are actually two specific conditions that must be met after a DWI arrest before a police officer is required to recite this statement. The first condition is that you are placed under arrest. The second is that the officer continues to question you.

However, officers have their own way of getting around these rights, which is why it is so important that you understand your Miranda rights and know when to exercise them.

In 1966, after the historic U.S. Supreme Court case of Miranda v. Arizona, the Miranda rights were drafted and required that whenever a person is taken into police custody, before they are questioned, they must be informed that the Fifth Amendment states that they  have the right not to make any self-incriminating statements. As a result of this decision, any person who is arrested for a DWI and is in police custody must be first told four things before they can be questioned:

1. You have the right to remain silent
2. Anything that you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, the court will appoint one for you

Basically, what these rights are saying is that, if an arrestee is to be questioned or interrogated, they must first be informed in clear, unequivocal terms that they have the rights mentioned above. However, as you may have noticed, there is a loophole in this arrangement.

When an officer first pulls someone over for a suspected DWI, before they are arrested, they are typically asked a few different questions: “Have you been drinking?” “When did you last consume alcohol?” “How many drinks have you had?” If you answer these questions before you are arrested, your answers can still go into the police report and be presented at your court case.

Many police officers choose to ask these questions before they inform you of your Miranda rights or arrest you because they know you may not have the proper mind to refuse to answer questions. Therefore, if an officer pulls you over and asks how much you have had to drink, simply say, “I’m sorry, but I’ve been advised not to answer that question.”

However, once you are arrested, if you answer questions asked by the officer but have not been read your Miranda rights, your questions may able to be suppressed in court through the assistance of an experienced DWI lawyer.

Many police officers have been trained to ask as many questions and obtain as much information as possible before an arrest has taken place. Therefore it is always important to discuss your options and situation with a professional lawyer who will be able to explain your rights to you and help you have any inadmissible evidence suppressed.

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