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A Closer Look at the Proposed Deferred Adjudication Bill For Texas DWI Cases

A CLOSER LOOK AT THE PROPOSED DEFERRED ADJUDICATION BILL FOR TEXAS DWI CASES Rep. Todd Smith has introduced H.B. 189, which would authorize people charged with a first driving while intoxicated case in Texas to receive deferred adjudication. Texas law does not presently allow for deferred adjudication in Driving While Intoxicated cases. In a deferred adjudication situation, no judicial finding of […]


Mistakes to Avoid After a Texas DWI Arrest

Many people fall into some common traps following a Texas DWI arrest that can be easily avoided. 1. Not demanding an ALR hearing within 15 days of the arrest. This is easily the most common mistake after a Texas DWI arrest that I see. You must request a hearing within 15 days or your driver’s license will […]


The New DIC-24 and DIC 23

To reflect changes made to the Texas Transportation Code effective September 1, 2011, the state Department of Public Safety has amended both the DIC 23 and DIC 24 (as well as the 54). The DIC 24 is a document that is more commonly known as the statutory warning.  It is a script that Texas police officers […]


TEXAS DWI LEGISLATIVE UPDATE

This legislative session in the Texas Legislature saw a flurry of bills related to Driving While Intoxicated. Some of the proposals including creating a brand new crime for failing to install an ignition interlock device when ordered by the court, mandatory ignition interlock devices for those convicted of even a first driving while intoxicated offense, and deferred adjudication […]


DWI Blood Draw Warrants in Collin County

A blood draw warrant is a search warrant requested by a law enforcement officer and signed by a judge. It is a search warrant that specifically authorizes the police to have blood drawn from the person of a Driving While Intoxicated suspect. In almost all cases in which the police seek a search warrant for blood, […]


Texas Surcharge Amnesty Program is Now Active

Over the last few weeks, I have received a number of calls and emails inquiring about the surcharge Amnesty and Indigency programs. I am pleased to be able to write the the program is now active.  The following is the important information to determine your eligibility. Amnesty willl be offered from January 17 to April […]


Roadside Checkpoints are Constitutional: Texas Court of Appeals

A very recent case decided by the Texas Court of Criminal Appeals, the State’s highest court of appeals to hear criminal cases, has established the lawfulness of roadside checkpoints under certain circumstances. This case will affect not only Driving While Intoxicated cases, but all criminal cases and the citizenry in general.  I’ll explain.  The Fourth […]


Texas Lawmaker Proposes Mandatory Interlock Devices For First Time DWI Offenders

A new law proposed this week by Texas State  Rep. Bill Callegari, would change the current law to require that persons convicted of Driving While Intoxicated in Texas have a so called Ignition Interlock Device installed on the car that they own, operate or “most regularly drive.” For those who don’t know, an Ignition Interlock device is […]


Texas Driver Responsibility Program Changes Approved

Finally, there appears to be relief on the immediate horizon for Collin, Dallas and Denton County Motorists who are subject to the so called Driver Responsibility Program.  The Driver Responsibility Program was established in 2003  as a means of increasing revenue by requiring persons convicted of Driving While Intoxicated in Texas to pay a surcharge […]


Dallas News: Eliminate DWI Surcharges

In 2003 the Texas Legislature, while casting about for a new source of revenue, came up with the idea to create a surcharge program for those convicted of, among other crimes, Driving While Intoxicated The law provides, essentially that a person convicted of driving while intoxicated will be required to pay a $1,000 annual surcharge for the […]