Plano DWI Lawyer Blog

If you or someone you love has been arrested for DWI in Collin County, Texas then you probably have many questions you need answered. DWI is a complicated law with many provisions that sometime confuse even the best of lawyers. This article’s purpose is to give you some basis information about the DWI process in Texas.

The first thing you need to understand is that DWI is a crime. A DWI charge caries penalties that may include license suspension and the possibility of being placed in jail for up to 180 days. Because one of the main causes of injury and death on Texas highways is DWI, the state legislature wrote the DWI laws to carry stiff punishment.

It is important to remember that it is not a crime to drink alcohol and drive. Responsible social drinking is not against the laws of the state of Texas. Drinking and driving only becomes a crime when a person consumes too much alcohol and loses his or her normal ability to safely operate a vehicle. Therefore, anytime you intend to consume alcohol ad the drive, you have a responsibility to do so responsibly so that no one is endangered by your conduct.

Continue reading "Collin County DWI: Arrested in Collin, Dallas or Denton County for DWI? Here is what you should know about DWI." »

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Posted In: Arrested for DWI? Here is What You Should Know.

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As we have reported before, police agencies have grown frustrated with citizens exercising their right to refuse a request for a breath test when being investigated for DWI. Therefore, many local counties have instituted experimental “no refusal” weekends in which police seek a search warrant to take a blood sample if someone suspected of DWI refuses a breath test.

Continue reading "Permanent Blood Suckers! Local Counties to Institute Permanent DWI Blood Draws!!" »

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Posted In: DWI Enforcement News

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It appears that Lubbock County, Texas has joined the growing ranks of Texas counties who are instituting the policy of testing blood search warrants. According to a recent report, authorities in Lubbock are testing a new policy that lets them draw your blood without your consent if an officer suspects you have committed the offense of DWI.

Continue reading "Another Texas County Out For Blood: Lubbock to Begin Mandatory Blood Testing." »

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Posted In: DWI Enforcement News

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Even non-drinkers could be in danger of being charged with DWI if they are taking the drug Ambien. We have had several new client interviews lately who tell us they had a “blackout” for a period of time on the night of their arrest for DWI. As strange as that may sound, these people are not alone.

Continue reading "Charged with DWI After Taking Ambien? You are not Alone." »

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Posted In: DWI Enforcement News

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Like I have said many times before, you never know what is going to happen at trial. Today, I had a breath test trial in a local county (I will not name the county to protect the prosecutors). My client gave a breath sample above the legal limit (greater than 0.08) and above the statutory limit in Texas that would have required a deep lung device had my client been convicted or entered into a guilty plea (greater that .150).

Continue reading "Should You Set A Breath Test Case for Trial? Yes, Because You Never Know." »

Posted by Troy P. Burleson | Permalink | Email This Post

Posted In: Breath Testing , DWI Trial Results and News

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Following the lead of the Fort Worth and Arlington police departments who routinely declare “no refusal” weekends in which the police seek warrants for blood from DWI suspects, the Burleson police department has declared warrant war on DWI suspects.

Continue reading "Out for Blood: Another Texas Police Department to Begin Obtaining Blood Warrants for DWI Suspescts." »

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Posted In: DWI Detection and Enforcement

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Representative Mike Krusee, R-Williamson County, was arrsted last week and charged with DWI. According to official reports, Krusee was detained and arrested after a Williamson County deputy witnessed Krusee's BMW driving erratically and "weaving from one side of the lane [of traffic] to the other."

Continue reading "Texas Lawmaker Bitten By His Own DWI Bill" »

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Stopped for DWI in Collin County: Do You Know You Rights?

If you are stopped by the police and questioning goes beyond a request for your driver’s license and insurance card, it is recommended that you follow the following advice. Make sure you have read these 7 points so that you understand your rights at the time of the stop.

Continue reading "If I am Stopped, Do I have to Consent to Sobriety Tests or Answer an Officers Questions?" »

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Posted In: Rights of the Accused

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If you have been arrested for DWI in Texas you could be faced with losing your driver's license. Once you are arrested, you have 15 DAYS from the date of your arrest to request what is known as an ALR hearing. For more information about an ALR hearing and how to request one click here. If your license is suspended then the following lists the suspension periods that you could face depending upon the facts of your case. For more information about suspension periods or how to regain your driving privileges, call the Law Office of Troy P. Burleson at (214)226-9606.

Continue reading "DWI Suspension Periods: How long will your Driver's License be Suspended after a DWI Arrest?" »

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Posted In: Occupational Drivers License

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Important Constitutional Rights of Persons Accused of a Criminal Offense

The Constitution of the United States of American is the supreme law which governs and protects the rights of citizens accused of a criminal offense in the State of Texas and throughout the United States. The criminal defense attorneys at Law Office of Troy P. Burleson, P.C. work diligently to protect the Constitutional rights of its clients. If you or someone you love have been illegally stopped by a law enforcement agency or are facing a trial for a crime you did not commit, our criminal defense attorneys will fight to suppress illegally obtained evidence from an illegal search or seizure of your person or property, as well, as ensure your Constitutional rights are maintained throughout the trial process.

Continue reading "Accused of a Crime in Texas? Here are some Important Rights of the Accused" »

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Charged with DWI in Texas: Here is a quick review of the Texas DWI Laws

Classification of DWI under Texas Law: Texas Penal Code §49.04.

Under Texas Law, an offense for Driving While Intoxicated (DWI) can be classified many ways depending on the facts surrounding the arrest for drunk driving and the prior criminal history of the accused. The Classifications of DWI under Texas Law are as follows:
• DWI, First Offense: Class B Misdemeanor
• DWI, Second Offense: Class A Misdemeanor
• DWI, Third Offense (or more): Third Degree Felony
• Intoxicated Assault: Third Degree Felony

Continue reading "Texas DWI Laws" »

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Posted In: Texas DWI Basics

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