Seeing the red and blue flashing lights behind you is a situation that every driver hopes to avoid. You slow down, pull over to the side of the road, and hope that you do not receive a high-priced ticket. What many people fail to realize is that paying a large fee is not the only legal consequence of a traffic violation, and in many cases, even those who do not receive a ticket may still face penalties or consequences to their driving records.

What Is the “Point System?”

Every Texas traffic violation is put on record and has “points” attached to it. The more serious the violation, the higher the points. Unlike many states, Texas only has two categories of violations that determine the number of points. Any Texas or out-of-state traffic conviction will warrant two points added to the driver’s record and any Texas or out-of-state conviction resulting in a collision will result in three points. These numbers may sound low; however, even having two points on your record can translate to financial consequences such as higher insurance premium rates. 

Whether it’s your first day in court or your last day in trial before the verdict is read, there’s just some things you don’t do. Here’s a list of the 10 fashion don’ts that you should remember before you ever set your first foot in a courthouse. The list goes from the most modest to the most outrageous ideas for courtroom apparel. Some of you may think, “No, there’s no way anyone would ever do that.” But these are actual examples, derived from actual people who woke up on the day of their court appearance and thought to themselves, “Hey, you know what might go well with these shoes? A tie that with lights on it under a handcuff necklace. Stay away from these hints for starters. Hope this helps.

1. First Fashion Don’t: No shorts. This is an absolute bar from most courts. You wear shorts, you win a trip into the hallway and a stern lecture from the judge. Just avoid them.

God help the poor kids who cross the border between Colorado and Texas with hash oil thinking the consequences of getting arrested are minor. Let’s say it was bought legally in some Boulder dispensary and now they’re eastbound and down for San Antonio to share with their friends. If they think that getting caught means a minor misdemeanor and maybe some community service, they’re in for a rude awakening. 

Under the Texas Penal Code, even the smallest amount (under a gram) of hash oil or edibles will get you a felony arrest that could land you in prison for up to two years and a conviction that will tag along behind you for the rest of your life. With standard marijuana, you would need four times the amount to get a similar punishment. If you happen to be carrying four ounces or more of the oil (not a lot) and an officer arbitrarily thinks you’re carrying for the purposes of sale, you’re looking at up to life in prison. To reach that level with standard marijuana, you would need to be carrying over 50 pounds.

Driving under the influence of alcohol or drugs is illegal in all 50 states. Police routinely look for drivers who break the law, sometimes setting up checkpoints to stop motorists. If you have been arrested for driving while intoxicated (DWI) in Atascosa County, you should discuss your case with a criminal defense lawyer to see if the charges can be reduced or dropped.

DWI Penalties and Fines

The penalties and fines for a DWI in Texas vary depending on the number of offenses a driver has been charged with. Fines range from $2,000 for a first DWI offense up to $10,000 for a third offense. You can spend anywhere from a few days to 10 years in jail if convicted of DWI. Regardless of the number of offenses, you could lose your driver’s license for up to two years. You may also have to pay an annual fee for a few years to keep your driving privileges. Under Texas law, two or more DWI convictions within a five-year period will result in the mandatory installation of an ignition interlock device that prevents your vehicle from operating if alcohol is present in your system.

DWI as a Minor

Anyone under the age of 21 is considered a “minor” when it comes to DWI cases. Minors are prohibited from operating a motor vehicle with any detectable amount of alcohol or drugs in their system. A first offense can result in fines, probation, mandatory alcohol abuse classes, community service, and more. These penalties increase with subsequent offenses and may include jail time.

Okay, so it’s not a date, it's an interrogation by a person with a badge either on the side of your car or in a police station interview room. Unfortunately, most people in this situation make the mistake of thinking that the more you talk, the better off you’ll be. It’s natural. It’s normal. And it’s usually a complete disaster.   

First, let’s begin with the basics: You have a right to remain silent. Those words are in your history books, on every TV crime show, and by now, in your very DNA. The officer will sometimes read you that exact line along with your other Miranda warnings. Then he’ll stare at you for a long time and wait for you to speak. Silence begs to be filled.  Other times, he’ll tell you the infamous line uttered in the title: “This will go a lot better if you just talk to me.” Unfortunately, this is only similar to a date in that you two totally want different things out of it. The officer typically wants to confirm his suspicions (or he wouldn’t be talking to you in the first place) and you just want to go home and forget the whole thing ever happened.  

Whether you are arrested for underage DWI, first-time DWI, or multiple DWIs, the penalties and impact on your daily life can be severe. Those convicted of DWI can have a hard time securing the job they want, getting loans, and other difficulties. When facing any DWI charge, it is critical to enlist the services of a skilled DWI lawyer who can fight for reduced or dropped charges.

Depending on your criminal record and the circumstances of your DWI charges, your attorney may be able to arrange probation, which is beneficial in many ways. 

A DWI conviction in Texas can severely impact your life, including your ability to get the job you want and secure financial loans. Even a first-time DWI leaves a significant stain upon your criminal record, along with the potential for up to six months in jail, a two-year driver’s license suspension, $2,000 in fines, and more. Possible penalties escalate substantially if you are arrested for multiple DWIs.

Regardless of your criminal history, you have rights under Texas and federal law. If you believe the police violated your rights, an experienced criminal defense attorney can conduct a full investigation of your case to find out for sure. They can also determine if law enforcement officers failed in any of their other duties during your arrest.

Protective orders are often misunderstood and are often shrugged off as unimportant. It might be thought that because it is not a criminal charge, it is no big deal.  Wrong!  A protective order can be a huge deal.  It is a powerful tool that prosecutors and private attorneys can wield to restrict a person's constitutional rights.  A full understanding of what a protective order is, and how to respond when faced with the possibility of having one against you, is extremely important.  

What is a Protective Order?

In its most simple form, it is an order given down from a Judge restricting the access and rights of a person who was found to have committed family violence.  A person is entitled to the protection of one if the court finds that family violence has occurred and is likely to occur in the future.  Most protective orders last 2 years.  In more serious cases involving serious bodily injury or felony assaults, the order can last much longer.    

If you are arrested for DWI in Texas, or you refuse a blood-alcohol test after being pulled over by law enforcement, and you do not immediately take steps to protect your driver's license, it can be suspended anywhere from 90 days to two years. If you are a commercial driver’s license (CDL) holder, it can be an automatic one-year revocation. 

Often a court will order an individual to have their vehicle equipped with an ignition interlock device (IID) as a condition of their bond or as a condition of probation. This device will only allow a vehicle to start once the driver has successfully passed a breathalyzer test. The driver may also be required to provide periodic tests while the vehicle is in operation. 

Like every state, driving while intoxicated laws are aggressively enforced by police and the courts in Texas because statewide, a person is injured or killed in an alcohol-related crash every 20 minutes.

Regardless of whether you are a first-time DWI offender or you have multiple DWI charges on your criminal record, a DWI conviction can severely impact your life. As a Class B misdemeanor, a DWI can result in anywhere from three days to six months in jail, a license suspension of up to two years, and $2,000 in fines. A DWI charge can negatively affect your employability, especially if you perform a job that requires a commercial driver’s license (CDL).

What is a DWI?

DWI is short for Driving While Intoxicated. In Texas, DWI is defined as having lost the normal use of your physical or mental faculties or having a blood alcohol concentration above .08.

Is a DWI the same thing as a DUI?

No, these are very different legal terms. A DWI, or Driving While Intoxicated, refers to someone who is driving a vehicle and has lost the normal use of their mental or physical faculties. However, a DUI, or Driving Under the Influence, refers to someone under the age of 21 with any detectable amount of alcohol in their system. 

How do the police test for blood alcohol concentration?

After your arrest, the police will either ask you to submit to a breath test or a blood draw. 

JUVENILE LAW AND THE DETENTION HEARING: WHAT YOU NEED TO KNOW

Having a child arrested can be a devastating thing for a family to go through. But it does happen. If you find yourself in this position, it is important to understand what occurs at the beginning of most juvenile cases: the juvenile detention hearing.  

What Is a Detention Hearing?

A detention hearing is something unique to juvenile law. It is similar, but not exactly like the process of granting or denying bail in an adult case.

At this hearing, the judge will determine whether there is probable cause to believe that the child committed an offense and whether the child should be detained for a longer period. By having a neutral judge decide whether there has been probable cause, rather than just the police and prosecutor, it inserts an extra level of scrutiny to the case. Release is not guaranteed, and often children will be detained for 10 working days pending further investigations into the alleged offense. 

Have you been charged with Driving While Intoxicated (DWI) in Atascosa County? Wondering what to do next? There are some important things to know and expect when facing a DWI charge in Atascosa County.

Consequences of a DWI

Punishment for misdemeanor DWI cases can be severe, and they can include jail time, fines and a license suspension.