Recent Blog Posts
How DUI Charges Affect Your Commercial Driver’s License in Texas
Any drunk driving charge in Texas is bad news and can have life-altering consequences. However, the impact is more severe if you have a commercial driver’s license (CDL) and drive for a living. A DUI conviction could cost you your CDL and keep you from working. You could also serve jail time, have to pay fines, and face other penalties—especially in cases involving CDL DUI penalties and license suspension, where the consequences can be even more severe for commercial drivers. The key to avoiding penalties and a license suspension is to contact a McKinney DWI lawyer immediately.
What Is the Legal BAC Limit for CDL Drivers?
Texas law sets the legal blood alcohol content (BAC) for commercial drivers at 0.04 percent. In other words, a commercial driver caught with a BAC of 0.04 percent or higher can automatically lose their CDL. (This law aligns with federal CDL DUI rules.) They may also face standard DUI charges, depending on the evidence against them.
What Are Your Rights at a DUI Checkpoint in Texas?
DUI checkpoints are popular methods in many states for the police to identify and arrest suspected drunk drivers. Under Texas law, though, these checkpoints are unconstitutional—a key example of how DUI checkpoint rules and legal rights can vary widely depending on where you are.
The police have adopted other methods to work around legal restrictions regarding DUI checkpoints. For example, they may establish “license checkpoints” to ensure drivers have valid licenses and identify suspected impaired drivers. These checkpoints fall into a legal grey area, and it’s crucial to understand DUI checkpoint rules and legal rights if the police stop you. A Collin County DUI defense attorney can determine whether the police violated your rights and help you avoid legal penalties.
Are DUI Checkpoints Legal in Texas?
Police checkpoints set up specifically to catch drunk drivers are illegal in Texas, as state courts have repeatedly found them unconstitutional. The courts determined that the stops violated drivers’ rights under the Texas Constitution and the Fourth Amendment of the U.S. Constitution. Specifically, the courts ruled that DUI checkpoints involve unreasonable searches and seizures—highlighting the importance of understanding DUI checkpoints and legal requirements in your state.
What Is a High BAC for a DUI? Why It Matters in Texas
Driving under the influence (DUI), called driving while intoxicated (DWI) in Texas, is a severe offense. Understanding what constitutes a high blood alcohol concentration (BAC) for a DUI is crucial for anyone who drives. According to the Texas Penal Code, the legal limit is a blood alcohol content (BAC) of 0.08%. However, a BAC of 0.15% or higher will significantly increase the severity of the consequences. Knowing the thresholds and penalties associated with different BAC levels can help you make informed decisions and avoid legal trouble. One of the highly skilled Texas DWI attorneys from Texas Defense Firm can help.
What Is the BAC Limit for a DUI in Texas?
What a high BAC for a first-time DUI? The legal BAC limit for drivers over 21 in Texas is 0.08%. This means that if you’re driving, get stopped by law enforcement, and have a BAC of 0.08% or higher while operating a vehicle, you will be arrested for DWI. For drivers under the age of 21, any detectable amount of alcohol in their system can result in a DUI charge. These limits ensure drivers have the cognitive and motor skills to operate a vehicle safely.
Are Photos and Video Evidence Always Allowed in Texas Courts?
We live in a visual age. Thanks to modern technology we can all carry around small video recording devices at all times. And in a culture where people now routinely photograph and share their restaurant meals with the rest of the world, it stands to reason we expect to see photos and video evidence employed as evidence in serious criminal cases.
Rule 403 and “Unfair Prejudice” to Criminal Defendants
Now, you might just assume that visual evidence is automatically admissible in a criminal trial. After all, what better evidence could there be than a photograph or video recording? But all evidence is subject to certain basic rules under Texas law, regardless of the medium or source.
The reality of the criminal justice system is that juries are not exposed to all of the available evidence in a case. The judge is required to screen all evidence upfront to ensure what it is admitted–i.e., seen by the jury–will actually be useful in resolving any factual disputes. Just as important, the judge must ensure the evidence itself is credible and was not obtained by illegal or improper means.
Can a School Fight Be A Crime?
Yes. Depending on the circumstances of the fight, your child could face assault and battery charges. The consequences of a conviction can affect their entire life and future. Even though they’re a minor, they could face a jail sentence. Spending time behind bars is traumatizing for any teenager. It can derail their path and create challenges upon their release.
Fortunately, Texas courts don’t want to place children in jail. Judges will review the facts of the case to determine whether probation or a rehabilitation program would be a better option. State laws aim to rehabilitate teens so they can become productive members of society.
If you discover your son or daughter was charged or arrested after being in a fight at school, you should hire an experienced defense lawyer to determine how to proceed with their defense.
Handling the Intake Process Following an Arrest
A juvenile is a person between 10 and 17 years old. If your child were charged with assault after a fight at school, a juvenile probation officer would perform the intake. The officer needs to determine whether:
Can I Get My Weapon Back?
Texas could take away your gun permanently if you are convicted of a crime involving a firearm and certain elements apply. It will be forfeited to the state, but you may be able to get it back in certain situations.
If you are wondering if you can get your gun, knife, or other weapon back from the state, there is no clear yes or no answer. It will depend on the situation. Texas law may prohibit you from getting your weapon back if you have previous convictions, the offense occurred in a certain location, or the weapon is prohibited. Ultimately, your best option is to reach out to a skilled criminal defense attorney for help with your case.
What the Law Says
Texas Code of Criminal Procedure 18.19 discusses the disposition of firearms after being charged with a weapons offense. You must forfeit your weapon if you are convicted of an offense involving its use. The state can then destroy or sell your weapon.
Can I Still Get a Job with a Felony on My Record?
After you’ve served a felony sentence in Texas, one of the most crucial pieces of rehabilitation is finding and keeping employment. You may be limited in what jobs you can apply for or the employers who may consider hiring you. But you can still have gainful employment with a felony on your record. Certain legal protections may apply to you as potential employers pursue background checks and make hiring decisions. In this post, the Collin County criminal defense lawyers of Texas Defense Firm will share what you should know about employment after a felony conviction.
Company Policies and Appropriate Industries
Some employers or industries have policies prohibiting hiring people with certain types of criminal convictions. If you’re applying with certain transportation companies, the employer may turn you down if you have a traffic or drug violation. High-level jobs or positions in the medical or caregiving industries may also decline to hire applicants with felony convictions on their records.
Central Texas Drug Bust Leads to Five Arrests
The pandemic has stifled many forms of Texas commerce, but the drug trade isn’t one of them. Multiple news outlets report that a collaborative effort by law enforcement has yielded a major drug bust, leading to the dismantling of a poly-drug distribution cell in Austin.
The bust, which included the Texas Department of Public Safety, the Texas Highway Patrol, and the Criminal Investigation Division, resulted in five arrests, with multiple people facing felony drug charges.
During the raid, authorities seized more than 12 pounds of marijuana, 261 grams of methamphetamine, three grams of the highly dangerous drug Fentanyl, more than 42 grams of cocaine, 24 units of LSD, 749 grams of THC edibles, 287 grams of Adderall pills, 131 grams of Xanax pills, 28 grams of Hydrocodone pills and approximately $9,230 in cash.
Drug Trafficking Ring Uncovered in Central Texas
Central Texas law enforcement charged 13 people with selling counterfeit drugs laced with methamphetamine and fentanyl to college students. The alleged perpetrators are:
- Varun Prasad
- Ashley Larue
- Jacob Schelling
- Charles Zenker
- Brandon Carpenter
- Drew Zarate
- Benny Daneshjou
- Adrian Andreescu
- Christopher Edwards
- Nikit Shingari
- Samuel Parry
- Madison Scott
- Nolan Fogleman
Many of those charged are former and current students at the University of Texas. They were allegedly part of a drug trafficking operation that sold counterfeit Xanax and Adderall to college students in Central Texas, authorities said.
They face charges of conspiracy to possess with intent to distribute a controlled substance. Two potential suspects died from an overdose before the arrests.
DWI Process in Collin County
While the facts of every DWI investigation have their own unique nuances, in general, DWIs follow a predictable process. The following outlines this DWI process after an arrest through the disposition of a case.
Bond Process
A jail facility will confine you after you have been arrested and booked on a charge of DWI. Some cities, such as Plano and Frisco, have their own jails. They will hold you there overnight before transferring you to the Collin County Jail the next day. Other cities, such as McKinney, do not have their own jails and will transfer arrestees directly to the county facility. There, you will wait until a judge can see you set a bond and attach conditions to that bond. This process may require you to spend one or two nights in jail.
Once the judge has set your bond, someone can either pay the full amount of the bond in cash (cash bond). Or the individual can pay 10% to a bail bondsman (surety bond). The key difference here is that, in a cash bond, once your case is disposed of, the cash amount will be returned. Consequently, it can be applied to court costs and fines. With a surety bond, the bail bondsman keeps the 10% paid as income.