Rosenthal Barbieri

(972) 369-0577

We Pick Up the Phone Every Time; Call 24 Hours a Day, 7 Days a Week


The Top 3 Reasons to Refuse & To Take Field Sobriety Tests

This is a really hard question with no right answer. Instead of throwing out what I would call a “tough-guy” blog saying you should always refuse any police request 100% of the time, I’ll give you my thoughts on taking field sobriety tests and let you decide whether you’d consent to them (or not) if you […]

Buzzed Driving Actually Isn’t Drunk Driving

You may notice a new ad campaign sponsored by NHTSA (the “National Highway Transportation Safety Administration”) and the ad council telling people “buzzed driving is drunk driving.” Though I’m not unsympathetic to pleas for driver discretion and safety, this is not the law in the State of Texas. Texas Penal Code Section 49.01(2)(A) defines intoxication […]

Is Dallas Cowboy Josh Brent Presumed Innocent: The Trouble With High Profile DWI Cases

The story is almost a week old now, and for the news media it is an open and shut case: Cowboy nose tackle kills best friend and fellow teammate in a drunk-driving accident. With public opinion, the desire to spread condemnation seems to impair the ability to reject or even explore the basis of the […]

Turkey Trot Out of Jail This Thanksgiving – How a Writ Bond Can Help You

For most of us, Thanksgiving means spending time with family, eating too much turkey and pie, and watching some football on t.v.  But when family and friends come together, there may inevitably be some frustrations and confrontations that may lead to legal consequences.  For some, a choice may be made to drink a bit too […]

Keeping A DWI Off Your Record

As criminal attorneys we are frequently called upon to anticipate what other people will think of a particular piece of information. Predicting other peoples’ thoughts or concerns is an imperfect science, but when it comes to counseling a person recently arrested for DWI, we understand that one of the biggest concerns is “how do I […]

July 4th — the “No Refusal” Holiday

As the Fourth of July looms, counties across Texas are preparing for another “No Refusal” week(end).  What this means for drivers arrested for Driving While Intoxicated is that even if you refuse a breath or a blood test, an officer may very likely seek a warrant for your blood. Texas has what is called the “implied consent” […]

Our Philosophy on Defending DWI Charges

We aggressively defend DWI/DUI cases and the reason is simple.  There’s no choice. Drunk driving laws have been a one-direction vice grip which have been tightened over and over and over since the early 1980’s when Mother’s Against Drunk Drivers (“MADD”) was formed. That trend will probably never be reversed regardless of how mean, thoughtless, […]

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 […]