Most people do not associate "blow-and-go" Ignition Interlock Devices and the Eighth Amendment. But this provision prohibits "cruel and unusual punishments." Arguably, the IID falls squarely under that label. Despite any concerns over the device, the IID is not going anywhere. M...
DUI
Should I Fight DWI License Suspension?
Texas is an implied consent state. When people receive their drivers' licenses, they consent to chemical tests, specifically BAC breath tests. So, many people think that license suspension is automatic if they fail or refuse one of these tests. That's not exactly true. Defendant...
How Accurate Are Breathalyzer Tests?
Today's Breathalyzer is based on the Drunk-O-Meter, which appeared in the 1930s. So, the Breathalyzer is a very well-established piece of technology. However, the Breathalyzer has also not changed very much since those early models. Thus, the flaws inherent in those early models ...
Some Key Lessons from Beto’s DWI
Pretty much every voter in the Lone Star State knows that Robert "Beto" O'Rourke was arrested for DWI in El Paso in 1998. His arrest, and the subsequent disposition, show how much DWI laws have changed in Texas over the last twenty years. According to the police report, Beto was...
The Difference Between Blood Tests and Breath Tests
Breathalyzers make up the vast majority of DWI chemical tests in Texas. Since the Supreme Court ruled that blood tests require search warrants, that will probably remain true for quite some time. Occasionally, Texas law enforcement agencies hold "no-refusal weekends." If drivers ...
Another Houston Police Department Officer Arrested for DWI
Prosecutors claim that Officer Artie Weathers was intoxicated when he went to pick up his child at Ault Elementary School. He was the sixth Harris County law enforcement officer arrested for DWI between August and September 2017. According to the arrest report, Officer Weathers ...
Trial Date Set in UT Athlete’s DWI Case
The leading scorer on the Longhorn volleyball team will stand trial for DWI shortly after the current season ends in January 2019. According to court documents, Micaya White was driving without her headlights on and following another car too closely when campus police pulled her...
Two Lessons to Learn from Lou Diamond Phillips
Every year, peace officers arrest hundreds of thousands of Texans for DWI. But only a few of them are 1980s icons or stars on Netflix TV shows. Following a November 2017 arrest, actor and Corpus Christi native Lou Diamond Phillips pleaded guilty to misdemeanor DWI in San Patrici...
How Does Police Equipment Affect Field Sobriety Tests?
The FSTs are not designed to accurately measure intoxication or sobriety in a DWI case. Instead, they are designed to help prosecutors convict defendants. With this purpose in mind, it is easier to see some of the flaws in test conditions that may affect test results. Police car...
Are BAC Chemical Tests Accurate?
The modern Breathalyzer looks like a very sophisticated machine. It is compact, sleek, user-friendly, and fast. When police lab technicians take the stand to talk about fuel cells and electrical impulse conversions, these machines sound even fancier. It's not fair to say that the...
