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DWI Superfine

As of September 2019, the "surcharge" program by Texas DPS no longer exists. While that may sound good, it has been replaced by a "superfine" system for DWI convictions. Put another way, the "surcharge" for DWI convictions still exists, while the "points" system for things like traffic tickets is history. Let's take a quick look at what is new, and what is not (at least in terms of DWI). Surcharge v. Superfine Old System - Surcharge The surcharge system issued a fine based on either "points" or convictions. Regardless, putting "points" on a person's license only happens after a conviction. The old system...

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Blood Draw Requirements

Here is a simplified explanation of the blood draw requirements from a DWI Lawyer in Arlington. A blood draw performed at an officer's request after a DWI arrest has two main requirements: 1) a qualified person must perform the blood draw, and 2) the blood draw must occur in a "sanitary" place. Texas Transp. Code § 724.017(a) and (a-1). Qualified Person Requirement The statute lists five broad categories for persons qualified to perform a blood draw: a physician; a qualified technician; a registered professional nurse; a licensed vocational nurse; or a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic (EMTs)...

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License Suspension, Revocation, and Disqualification

There are a variety of driver's license suspensions that can impact your ability to apply for or renew your license. These include suspensions for actions that did not even occur in Texas! You read that right, a suspension in another state can (but won't always) impact your ability to drive in Texas. Typically, for DWI arrests, this comes in the form of an ALR suspension. But, DPS can also suspend your license for not completing a DWI education course while on probation, for example. For some of these suspensions, you may need to petition for an ODL in order to drive....

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Pretrial Torture

*WARNING* BOND VIOLATIONS CAN HURT YOUR CASE. WE DO THE BEST WE CAN TO ADDRESS ANY VIOLATIONS. According to the United States and Texas Constitutions, the law presumes a person innocent until proven guilty. That presumption even applies to arrests, but you wouldn't think so sometimes. In many cases, the worst part of a DWI is the pretrial torture. For example, this torture can include license suspensions, interlock requirements, and more. Some counties (especially Johnson and Parker County) will put people through hell before their case is even addressed. Sometimes, even before the DAs file the case! This pretrial torture can...

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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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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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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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