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Administrative License Suspension Injustice

Did you know: That DPS can suspend your license for refusing to give breath or blood? While this is somewhat common knowledge, there is a grave injustice in punishing someone for exercising the right to refuse. This is what Texas calls its "implied consent" law for license suspensions. Under this rule, Texas says you are deemed to have consented to "the taking of one or more specimens of [your] breath or blood" after an arrest for DWI, DUI, or BWI. In other words, your refusal means absolutely nothing other than the length of suspension DPS issues. The statute does have a bit...

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DWI & DUI: What’s The Difference?

Many people tend to use the terms DUI and DWI interchangeably. However, in Texas, the two can be quite different in practice. DUI vs. DWI DUI is the term usually used when the arrest involves a minor (someone below 21 years old). Meanwhile, DWI is the term used for the more severe charge. Here's the kicker, though: The police can still charge a minor with a full-on DWI. The Texas Alcoholic Beverage Code contains the statutes regarding DUI by a minor. Section 106.041 of that Code states: (a) a minor commits an offense if the minor operates a motor vehicle in a public place...

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Know Your Rights

The police did not read me my rights at the scene! Can they dismiss my case?! The answer is a confusing "yes and no". The Miranda warnings are somewhat popular due to inclusion in many television police dramas. What you may not know is that there is no specific language for the warnings. However, the warnings must, using whatever language convey 4 basic warnings: The right to remain silent; That anything you do say may be used against you; (Note that it "may", not "will" be. The rules of evidence prevent some statements from admission.) That you have the right to...

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DWI Deportation Warning

No more "three strikes" law for deportation Almost everyone knows one of the basic rules of baseball is "Three strikes, you're out"! For the longest time, DWI deportation (and some other areas of the law) operated on the same premise. A person is not subject to deportation until their third "strike" (meaning their first felony DWI). Unknown to most of us, this has started changing in the shadows. Immigration has now started to deport people for a second DWI conviction instead of waiting for a third. There does not seem to be any clear rhyme or reason to this change. But,...

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License to Carry WARNING

If you currently have a license to carry a handgun THIS IS AN IMPORTANT WARNING!! Many Texans need a license to carry so they can have some form of personal protection. This is especially true for those who need to travel extensively for work and want to prepare for unexpected situations. However, the law allows Texas DPS to take away (revoke) or suspend your license in certain circumstances. Many LTC holders understand that a criminal conviction is one of those situations and will reluctantly agree to the suspension. There is one major problem. Texas DPS can suspend your LTC BEFORE there is...

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DWI Truths That Will Blow Your Mind

Texas DPS DWI Truths An important DWI Truth: despite what you may think, the Texas Department of Public Safety is not related to the criminal case for your DWI. Texas DPS only handles the driver's license suspensions. Unfortunately, Texas DPS is also responsible for commercial driver's licenses. The main problem is that Texas DPS has specific rules regarding suspensions for both regular and commercial licenses. Some of the crazier rules are: Texas DPS can suspend your CDL for either a refusal or failure for one year (on a first-time DWI), even if you were not driving a commercial vehicle when you...

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Enhancement for Family Violence

Did you have your family violence charge reduced to a class C assault ticket? While the reduction probably felt good at the time, WATCH OUT! Even if the court orders deferred adjudication for the ticket, THEY CAN STILL USE IT TO ENHANCE A FUTURE CHARGE. Similar to the Fake DWI Deferred Adjudication, even placement on deferred adjudication for an assault counts as a "conviction" under the law. Family Violence Enhancement Normally, a family violence charge is only a Class A Misdemeanor. The law allows "enhancement" to a third-degree felony if you have a prior family violence "conviction" on your record. Section 22.01 of...

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Expunction & “Criminal Episodes”

[caption id="attachment_3685" align="alignright" width="300"] An expunction can be valuable in clearing your record[/caption] Expunctions Expunctions are already extremely rare and difficult to obtain. They become much more complex if you face multiple charges. To obtain an expunction, there are certain requirements that you must meet. However, even if you are eligible on one charge, you may be ineligible on another depending on your arrest. Texas Code of Criminal Procedure § 55.01 deals with expunctions. Specifically, subsection (c) states, in essence, that a court may not grant an expunction of one charge if the person is still subject to prosecution (or was convicted for)...

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How to Get Your Texas DWI Video

Many people arrested for DWI are not aware they they have the right to request video footage of their arrest. Before September 1, 2015, DWI arrestees did not have that right. That changed with the 84th Texas Legislative Session when Charlie Geren (the representative for District 99 (Fort Worth)) introduced House Bill 3791 (HB3791) on March 13, 2015. The bill passed the Texas House on May 5, 2015, and passed the Texas Senate on May 27, 2015. Governor Abbott signed it into law on June 19, 2015. What you may not know is that Mimi was a leading force among...

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Unlawful Possession of a Firearm & Unlawful Carrying Weapon (UCW)

Mimi handles a wide range of cases, including Unlawful Possession of a Firearm and Unlawful Carry charges. Unlawful Carrying Weapon and DWI sometimes go hand-in-hand. If you have a UCW charge, alone or alongside another charge, contact us to schedule a consultation. What is Unlawful Possession of a Firearm? Unlawful Possession of a Firearm occurs when a person possesses a firearm a certain amount of time after a conviction. Texas Penal Code § 46.04 defines the offense of Unlawful Possession of a Firearm: (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: after conviction and...

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