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19 result(s) for BAC under .08
Questions: One Always Seems to Lead to Another
My internet stats program for this blog - Mint - keeps track of IP addresses associated with various searches as well as other interesting (if you’re a geek) tidbits of information. Tonight I saw the following string of searches, which...
Can You Flag Down That Prosecutor For Me?
I was in District Court most of the morning and saw an interesting set of events. As they unfolded, I paid more and more attention, but I’m sure I missed some details at the beginning. Here goes: First: A prosecutor,...
Goodbye Retrograde Extrapolation for Breath Test DWIs?
In order of most to least common, the 3 basic defenses to DWI in Texas would be: Not Intoxicated Not Driving Not Driving While Intoxicated I might be wrong about “Not Driving” being a more frequently viable defense than “Not...
Austin, Texas and the DWI / No Refusal Weekend
Several folks – prosecutors and defense lawyers – that I see on a regular basis in the Travis County Courthouse have asked me why I didn’t blog about the No Refusal Weekend that started on Halloween. (Short version: Austin Police...
Do I Need To Sign a Form If I Refuse a Breathalizer?
[Question via email.] Since I don’t even know the jurisdiction this question comes from it’s pretty broad but let’s answer it from the Texas DWI perspective. In most Texas DWI cases the officer will read the subject a form called...
Sentence First, Verdict Afterwards...
From Chapter 12 of Alice’s Adventure’s in Wonderland: 'Let the jury consider their verdict,' the King said, for about the twentieth time that day. 'No, no!' said the Queen. 'Sentence first - verdict afterwards.' 'Stuff and nonsense!' said Alice loudly....
Bill Mange wins a .12 DWI Breath Test Trial
I’m at the Rusty Duncan seminar in San Antonio, and news comes by way of the Austin Criminal Defense Lawyer’s Association listserv that Austin DWI lawyer Bill Mange just got a Not Guilty verdict on a .12 breath test trial...
Failing the 'Float Test': Boating While Intoxicated
I usually don’t pile on when a celebrity as arrested and the best way to do that is to not blog about the arrest. And while it’s worth noting that I have no personal knowledge of the facts in this...
Grab Let it Be (preferably on vinyl) tonight...
…and sit back and enjoy yourself. Bear with me. I promise to get back to that. So, honest to goodness, I’m sitting here skimming through law blogs on my RSS reader reading a Scott Henson comment on a Sentencing Law...
Why DWI Lawyers Should Read Blogs
One of the things I love about the criminal defense/DWI blogosophere is that it is a great resource for practicing lawyers. Reading other attorneys’ thoughts often helps me in my day to day practice. Two quick examples: From Robert Guest...
Dallas DWI Lawyer Robert Guest “I donate to MADD”: Not intentionally… MADD is stealing my tax dollars. The National Highway Traffic Safety Administration gave MADD $400,000 of our money to "monitor drunken driving" proceedings in court. This is wrong on...
Effect of DWI Dismissal on ALR License Suspension
Let’s say you are arrested for DWI in Austin, Tx, and face 2 cases: (1) the criminal DWI charge, and (2) the Driver’s License Suspension Hearing. In Austin, the Driver’s License hearing will be probably be held before a resolution...
I was arrested for the first time ever last weekend for DWI. The police officer stated I didn't come to a complete stop at a stop sign and that's why he pulled me over. I thought I did OK...
Intoxilyzer 5000: Prosecutor Issues "Scientific" Challenge
Dennis Paxinos, the chief prosecutor for Yellowstone County, Montana, wrote a Guest Opinion column in the Billings Gazette this week entitled “Scientific Test would disprove DUI myth of ‘few drinks’.” Outraged by the suggestion of legislators in his area that...
DWI lawyers know that most times their defense will be “the State can’t prove my client was intoxicated”. This usually comes up in breath or blood test refusal cases, where the defendant does well enough (not perfectly, just well enough)...
Do Field Sobriety Tests Measure Impairment?
Every good DWI lawyer is familiar with the last section in Chapter 8 of the NHTSA DWI Detection and Standardized Field Sobriety Testing Manual that states: If any one of the standardized Field Sobriety Test elements is changed, the validity...
Texas Driver's License may not be suspended if under .08 BAC
While the State is allowed to criminally prosecute people arrested for DWI who blow under the .08 limit, the ALR statutes provide that a person’s driver’s license may not be suspended in that situation, if the defendant is 21 or...
Breath Alcohol Concentration (BAC) under .08 not a defense to DWI
The law in Texas does not say that it’s legal to drive with a breath or blood alcohol concentration of under .08. There are two alternate definitions of intoxication in Texas when it comes to DWI. The first, everyone is...
Is refusing the breath test "consciousness of guilt" in a DWI?
In Texas, the answer is a pretty clear “no” (although the prosecutors will argue that it is). I’ve written before on the legal theory called “consciousness of guilt”, and in some instances, it makes sense. However, when it comes to...
