Herreth Law
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Posts tagged "DWI"

What's the Difference Between Drugged Driving and Drunk Driving?

Thumbnail image for Thumbnail image for romberg.jpegIn many places, "drugged" driver cause more fatal crashes than "drunk" drivers. So, Tarrant County prosecutors pursue these cases very aggressively. Prescription drugs and marijuana account for a little over half of drugged driving prosecutions in Texas.

Why Should a Weatherford Criminal Lawyer Represent Me at the ALR Hearing?

Thumbnail image for romberg.jpegEven though Texas is an implied consent state, officials cannot automatically suspend drivers' licenses following DWI arrests. To do so, there must be an Administrative License Suspension hearing to determine if such suspension is appropriate.

Five DWI Defenses in Parker County

Thumbnail image for AdobeStock_80814322.jpegIn 2018, Texas law enforcement officers arrested over 95,000 Texans for DWI. That figure was almost 10 percent higher than the 2017 arrest total. Prosecutors are very aggressive as well. The number of dismissals dropped sharply in 2018. In other words, Parker County prosecutors almost always pursue DWI cases, no matter how weak or strong the evidence is.

DWI Drug Cases in Parker County

Largely because of the extremely broad definitions in Texas Penal Code Section 49.04, "drugged driving" cases are more common than "drunk driving" cases in many jurisdictions. Under Texas law, any "substance" can cause intoxication. That substance could be an illegal street drug, like heroin, a prescription painkiller, like Oxycontin, an over-the-counter drug, like NyQuil, or a consumer product, like caffeine.

Challenging Chemical Tests in a Parker County DWI

Thumbnail image for Thumbnail image for romberg.jpegPartially due to the stern warnings about mandatory drivers' license suspension and the use of refusal information in court, about 75 percent of the people who are arrested for DWI submit to a chemical test. Many others probably do not fully understand that they have a right to refuse the test, and they do not understand how much chemical tests increase conviction rates.

Explaining the One Leg Stand Test

Thumbnail image for AdobeStock_116715709 (1).jpegIn many ways, the OLS is the classic DWI field sobriety test. This divided attention test measures both mental acuity and physical dexterity. Usually, people who are intoxicated cannot walk and chew gum at the same time in this way. That's why alcohol is such as dangerous driving impairment substance.

What is the HGN Test?

Most people have undergone a Horizontal Gaze Nystagmus test at one time or another. Doctors use it to look for signs of neurological problems. Usually, the test administrator instructs the subject to follow a moving point, such as a fingertip, just by moving their eyes. If the pupils move involuntarily, the person probably has nystagmus.

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