The accident occurred last week as the man was giving a ride to two teens after a “teen night” party, according to The Houston Chronicle. A third teen was in the SUV struck by the man, riding with her father. The two 13 year olds and 17 year old died as a result of the accident.

Immediately following the collision, police gave the suspect a series of field sobriety tests—of which he failed 2 of 3. They transported him to the hospital for blood to be drawn, a test whose results aren’t immediately available. The suspect told police he had only drank a fraction of one beer and they are said to have believed him.

The police followed standard procedure, given the circumstances, even calling a representative from the District Attorney’s office. The decision was made that he wasn’t a flight risk and he was released pending further investigation.

The test results came back and showed the man had a blood alcohol level of .127 to .162. This is a suspiciously wide rage, if the report is true, but it is well above the legal limit of .08. Now, however, he us nowhere to be found and may be back in his native Nepal.

Many things are taken into consideration when determining if someone is a flight risk. The police believed the man was a business owner, “giving him a serious tie to the community.” Things like employment and family are seen as reasons a person wouldn’t flee a criminal investigation. In this situation, however, it appears they were wrong.

Understandably, the police and prosecutors are facing backlash in the wake of the man’s release. They could have held him for 24 hours though this still wouldn’t have been enough time to get the test results back. The District Attorney’s office states there simply wasn’t enough evidence to charge him the night of the accident and they had no reason to think he was a flight risk.

Drinking and driving can quickly turn into a situation much more serious, and obviously a vehicular manslaughter charge is a tragic outcome.

The SCRAM (secure continuous alcohol monitoring) bracelets, as they are called, test sweat released from your pores to determine if you have been drinking, in violation of your probation.

While the bracelets aren’t 100% accurate, a fact not lost on defense attorneys, they are said to prevent probationers and other DWI offenders from drinking and if they don’t successfully prevent it, they require them to be accountable for violating by notifying the probation department.

Every 30 minutes, the alcohol monitoring bracelet analyzes sweat and sends the results to the company and finally to the probation office. While it isn’t a certain probation revocation, a positive can start violation proceedings.

Judges most often apply the use of the SCRAM in conjunction with other tools like ignition interlock devices. Unfortunately for the defendant, however, both of these items require money to maintain them.

It’s said that monthly SCRAM costs run around $400. For many people accused of DWI, this cost is simply unaffordable. Ignition interlock devices require maintenance costs as well, putting even more stress on the budgets of people already likely to be facing fines and court costs.

Like many tools used in the management of probationers, the use of these bracelets is far from perfect. With false positives for things like hairspray and mechanical problems they can cause headaches to not only the people wearing them but the officers tasked with monitoring the probationers.

If you are in Dallas and facing DWI charges, there’s a chance you could be required to wear a SCRAM bracelet. You may also be required to serve jail time and pay some pretty hefty fines. When facing charges like this, it pays to have a local defense attorney on your side.

If you are looking at DWI charges and unsure of the best course of action, contact my offices today. Get a free legal consultation and some valuable advice on your DWI case.

According to reports, there may be multiple methods for detecting alcohol consumption, including skin sensors in the steering wheel, and other methods to analyze perspiration and breath.

Questions this raises include:

• What would happen if the car detects alcohol? Presumably the car would not start, but would police be notified and criminal action taken?
• What is the threshold for measuring alcohol? Is it set lower than the legal limit of .08% BAC?
• What is the remedy to challenge any false positives?
• Can the devices be sure that it isn’t a passenger who many be intoxicated and not the driver?

Everyone wants to prevent drunk driving, but this kind of extremely intrusive monitoring that bypasses any presumption of innocence is frightening, and could be a dangerous precedent.

According to the report by KENS 5 in San Antonio, the devices could be standard in new vehicles within 5 or 10 years.

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Update: More info on the proposed car alcohol sensors here.

The term “no refusal” refers to a law enforcement tactic where they are set up to forcefully take of blood evidence from a suspected drunk drivers.

Once arrested for suspicion of DWI the police will offer you a breathalyzer test. If you refuse they will immediately ask a judge on call for a warrant to take your blood, against your will. The issues with this are obvious and a local Houston station recently revealed some of the issues on their newscast.

Prosecutors get around constitutional right against self-incrimination by having judges on call to instantly sign warrants to compel you to “produce the evidence”.

Despite some vocal opposition to the “no refusal” approach, the program has been in place for about 6 years in some places and the police consider it effective. Over spring break in Harris County, they netted 120 arrests in one such weekend.

As the video on ABC13 shows, the police aren’t afraid to forcefully take the blood once there is a warrant in their hand, so resistance is not recommended. In some cases, your refusal can increase the criminal penalties against you if later found guilty.

If, however, your blood alcohol level is found to be below the legal limit of .08% after your test, the charges will be dropped.

DWI charges are very serious, despite their frequency. Even for your first offense you may spend a mandatory 3 days in jail. However, if it is your first offense, you stand a good chance of getting community supervision or probation as a result.

As your past DWI convictions mount, so do the penalties against you. And no matter how many prior convictions you have, you will be required to pay the DWI surcharges I wrote about last week.

If you are facing DWI charges in any county in Texas, you need help. Whether or not the charges are a result of a blood draw or a breath test, your legal defense is a serious matter. Contact our attorneys today for a free legal consultation.

The surcharges haven’t just led to unpaid monies; they’ve also created a backlog in the court system, leading many DWI charges to be reduced to more minor reckless driving charges in an attempt to reduce the backlog.

While this works out to the benefit of those defendants that are able to take advantage of a better plea deal, the state isn’t exactly happy with how the surcharges have ended up.

Some are calling for changes in the legislation, asking that judges be given the power to waive the surcharges. Others, those who actually benefit from those surcharges that are received, don’t want the program to change at all.

Dubbed the Driver Responsibility Program, these surcharges are annual fees collected from those convicted of DWI. For a first time offender, your surcharges are $1,000 per year for three years. The amount you pay increases with every DWI conviction on your record.

These surcharges are in addition to any fines, fees, or ignition interlock costs you must pay. In some situations, payment installments are allowed for the surcharges.

The Public Safety Commission elected to not make any immediate changes to the surcharges and if they do, the changes will likely only affect indigent defendants, or those who make less than $14,000 per year.

When charged with DWI, the potential penalties are numerous. You may be required to serve jail time, pay fines, take alcohol education classes, and have an ignition interlock device installed. All of these conditions are dependent on the specific details of your case.

If you are facing DWI charges, whether it is your first or your third run-in, I can help. Contact me today for a consultation on your case and to see what options are available to you.

In order to spend time in a state prison for a DUI offense, it must be a third or greater conviction. A 3^rd time DUI is considered a 3^rd degree felony and carries a potential 2 to 10 year sentence. A first and second time DUI may result in some jail time, though nothing like the felony charge.

It seems that if you are convicted and sentenced for a 1^st or 2^nd DUI you are more likely to get some form of treatment, however, to deal with your possible drinking problem. While not every DUI offender has a drinking problem, these treatment programs stand to help many that do. It seems a little backwards that the most frequent DUI offenders may not be afforded similar treatment.

According to the Dallas Morning News, many prison programs stand to be cut from the system facing serious budget cut backs. Advocates are doing their best to ensure such treatment programs are protected, but the result of their actions remains to be seen.

As the article states, Texas has some harsh DUI laws and cutting treatment while continuing to strengthen the laws certainly won’t help reduce DUIs. If anything it will only expand the already overcapacity prison system.

When facing charges of DUI, whether it is your first or your fourth, you are likely to be scared, and rightfully so. From probation to prison time, none of the potential penalties for DUI are pleasant.

If you are up against charges like these or any other criminal charges in the state of Texas, I may be able to help. Contact me today for a consultation on your case.

The accident occurred when 47 year old Vivian Bass turned in front of a speeding Anderson on FM 3005. Following the accident Anderson was originally charged with DWI and possession of a controlled substance. Once lab results were returned confirming Anderson’s intoxication, the manslaughter charge was added.

Anderson is now being held in Galveston County. This is his 3^rd DWI offense, which makes it a felony charge even without the tragic circumstances.

If convicted of all charges, Anderson will be facing substantial prison time. However, the case has some legal complexities, as the original police report states that Bass, the victim, was the at-fault driver in the accident.

Had Anderson not been drinking and speeding, this criminal case would not have happened.

DWI offenses are always a serious matter and taken very seriously by the Texas criminal courts. As you go from a first time DWI, to a second, and then third, the penalties get far more serious.

For a first time DWI offense you will likely get your license suspended and have to pay fines and fees. You may be required to participate in a DWI education program and potentially serve probation.

A second DWI is a Class A misdemeanor, the most serious level of misdemeanor there is under Texas law. A third time DWI is a felony offense punishable by 2 to 10 years in prison and fines reaching $10,000. Your license will likely be revoked and if it is reinstated you will be required to install an ignition interlock device.

Facing any DWI charge can be frightening and stressful. You may be hoping for probation instead of jail time and this is a potential possibility. Call us today so we can discuss your case and determine the best course of action.

Like many big cities, Houston’s police department has a DWI task force credited with many arrests and taking drunk drivers off the road. They reportedly get over $480,000 annually in grants for overtime to staff the task force but the task force and all of the preventative measures aren’t doing enough to keep the DWI statistics at an acceptable level for many.

Statistics regarding DWI’s and the deaths caused on our roadways by drunk drivers are difficult to read and many worry are wrought with errors and exaggerations. They point to the fact that many DWI cases are eventually dismissed because enough evidence simply doesn’t exist.

While exaggerations are certainly not beyond the realm of possibilities, no amount of DWI deaths are acceptable. The key is weeding through the cases that should be dismissed and knowing which cases will go through to trial.

If you have been charged with DWI or a related crime, an in depth review of your case could reveal how much luck you will have in plea negotiations with the prosecution or in front of the judge. Because so many DWI cases are dropped or pled down, you may not face the harsh sentence you are anticipating.

If, however, you are convicted of your original charge and no plea agreement is in place, your first DUI can lead to 180 days behind bars. In some cases, your first DUI charge can be handled with a pretrial diversion program that will avoid a criminal conviction on your record.

In order to know for certain what kind of case you have, you need to discuss the specifics with an experienced Texas DUI attorney. Call me today so we can look at the case together.

According to the Associated Press, driver Chanton Jenkins is currently in police custody facing 4 counts of intoxication manslaughter, one charge for each of the children that has been found to date. Mr. Jenkins lost control of the vehicle, according to his brother and passenger, when he was talking on his phone.

The ditch had turned into a rushing torrent with recent downpours and when the vehicle plunged into the waters, it was all the adults could do to save themselves and the one child who escaped. Police say the current was so strong, the car ended up 100 feet from its initial crash site. The rushing waters are also to blame for the still missing body of a 3 year old girl.

Jenkins is said to be father to 3 of the five victims, while the other two were cousins of the family. The children who passed were ages 1, 3, 4, 7, and 11.

Unfortunately, people drive while intoxicated everyday across our state and our nation. The vast majority of the time it is a victimless crime, and no one is harmed.

Accidents this tragic happen rarely, but they do happen. When tragic outcomes result from a drunk driving incident, you could be facing manslaughter or other extremely serious penalties well beyond the typical DUI laws and penalties in Texas.

For a simple  first time DUI offense you can face anywhere from 3 to 180 days in jail. However, just having a child in the vehicle,  or if you cause an accident, the likely penalty is dramatically increased. The charges that Jenkins faces, intoxication manslaughter, are punishable by 2 to 20 years for each count. This is clearly a serious felony charge, and prison is a certainty if he is found guilty.

DUI charges are serious no matter the outcome. Even if you were stopped two blocks from your point of origination and no accidents occurred, you will need the experience of a DUI attorney to help you through the court system.

If you are facing a DUI or related charge in Texas, call today for a free criminal defense consultation.

This article from the American Statesman outlines some of the new defense strategies coming about with this new and questionable method of getting DUI convictions. As we blogged about last week, there are several counties within our state that are moving toward mandatory blood draws when you refuse to take a breathalyzer test. These blood tests are highly invasive and their use is suspect to say the least.

As the legal landscape changes and prosecutors come up with new ways to get convictions, it is my job, and the job of every good defense attorney out there to also adjust our game plan to ensure that our clients are being treated fairly.

This new approach in DWI convictions has proven to be a difficult one to fight in court. Having said that, however, there is hope for your case.

Just like any other criminal case, the prosecution must prove that you are guilty beyond a reasonable doubt. There are many things that can create doubt in a DWI case involving a blood sample. How it was collected, tested, and stored can all be addressed in court, possibly leading to a dismissal of the charges.

One of the key pieces of your case could be the warrant used to get your blood from you. In requesting a warrant from a judge, the police officer must give a detailed reason why he/she believes the blood draw is necessary. It is crucial that this contains information that is 100% accurate and occasionally officers foul this up.

There are several things that we will look at when coming up with a defense strategy for your DWI case. Whether you had blood drawn or not, you deserve fair treatment in the Texas court systems and I can help make sure you get that. Call us today for a consultation on your case.