Blog Posts in August, 2011
Posted on Aug 31, 2011 By Plano DWI Lawyer
Administrative Suspensions are regulated by Chapter 524 of the Texas Transportation Code. If a person fails to request a hearing or fails to appear to a hearing withou just cause, then the DPS's ...
Continue reading "What Happens After My License Gets Suspended When I Was Arrested For DWI?" »
Posted on Aug 30, 2011 By Zendeh Del Law
Yesterday, we addressed what occurs to your license if a person suspected of DWI refuses to submit a breath or blood test. Over the next several days, we wil address how one contests his or her ...
Continue reading "What Is The Remedy For A License Suspension" »
Posted on Aug 29, 2011 By Zendeh Del Law
As we have previously noted , a person will lose his or her license upon a refusal to submit to a chemical test (blood or breath test) when requested by an officer. Texas has an implied consent ...
Continue reading "What Happens When I Lose My Driver's License If I Do Not Give A Breath Or Blood Test?" »
Posted on Aug 26, 2011 By Plano DWI Lawyer
As we have noted, a person has the right to refuse to consent to a breath or blood test. As we have previously noted, on certain holidays, the local police will often have a "no-refusal" ...
Continue reading "What If I Refuse To Give A Blood Or Breath Test?" »
Posted on Aug 25, 2011 By Plano DWI Lawyer
One quiver in the State's arsenal is the fact a defendant's BAC can by shown by an analysis of a specimen of the defendant's blood. Texas courts have held that blood tests results can be ...
Continue reading "Blood Test Results" »
Posted on Aug 24, 2011 By Plano DWI Lawyer
As we have previously stated, the law implies a consent to the taking of a breath or blood test if you have been arrested for driving while intoxicated or boating while intoxicated . However, a person ...
Continue reading "If I Do Consent To Submission Of A Test, Must It Be A Voluntary Consent?" »
Posted on Aug 23, 2011 By Plano DWI Lawyer
In order for a police officer to take a specimen, the Texas Transportation Code regulates the manner in which the police act. First, the officer must specify the specimen to be taken--either a breath ...
Continue reading "What Must The Police Do To Take A Specimen Under The Implied Consent Statute?" »
Posted on Aug 22, 2011 By Plano DWI Lawyer
Unfortunately, yes. Everyone has the right to refuse to provide a breath or blood test when requested to do so by the police. However, in every state in America, there is an implied consent law. In ...
Continue reading "If I Refuse A Breath Test, Will I Lose My License?" »
Posted on Aug 19, 2011 By Plano DWI Lawyer
Assume that a person has consumed several beers within one hour, for our purposes. The liver is absorbed into the blood stream and is then transported into the liver. The liver will then metabolize ...
Continue reading "How Alcohol Travels To The Brain." »
Posted on Aug 18, 2011 By Plano DWI Lawyer
As we have noted, there are myriad of things that can affect alcohol absorption rate in a person's body. We can spend weeks detailing what can and cannot affect absorption rate. However, ...
Continue reading "How Is Alcohol Distributed Throughout My Body?" »
Posted on Aug 17, 2011 By Plano DWI Lawyer
There are some key, basic concepts relating the rate of blood alcohol concentration. Common sense mandates this principle: if a person consumes alcohol in a greater amount than what the liver can ...
Continue reading "How Does A Person's Blood Alcohol Concentration Increase Or Decrease? Continued." »
Posted on Aug 16, 2011 By Plano DWI Lawyer
As we noted yesterday, alcohol will travel down the esophagus and will enter the stomach. Most of it will travel then to the small intestine, however, approximatly 25% of the alcohol will be absorbed ...
Continue reading "Blood Alcohol Continued." »
Posted on Aug 15, 2011 By Plano DWI Lawyer
Over the next several blog entries, we will discuss how alcohol affects driving, how alcohol is distrubuted throughout a person's body, and how law enforcement analyzes a person's blood ...
Continue reading "How Does A Person's Blood Alcohol Concentration Increase Or Decrease?" »
Posted on Aug 11, 2011 By Plano DWI Lawyer
The Zendeh Del Law Firm was hired to defend a client arrested for DWI and UCW (unlawful carrying of a weapon). In The State of Texas v. J.R., the client was arrested while he was driving away from a ...
Continue reading "DWI And UCW Dismissal" »
Posted on Aug 10, 2011 By Plano DWI Lawyer
When an officer is scoring the One Leg Stand Test, the officer is looking for four clues. These four clues are clues of impairment. In other words, the clues are to indicate whether a person does not ...
Continue reading "What Are The Police Looking For In The One Leg Stand Test?" »
Posted on Aug 8, 2011 By Plano DWI Lawyer
Obviously, the name of this test speaks for itself. The test requires the suspect to stand on one leg throughout the administration of the test. Another obvious point, while one leg is holding the ...
Continue reading "The Third Test: The One Leg Stand Test" »
Posted on Aug 5, 2011 By Plano DWI Lawyer
When a police officer is administering the Walk and Turn test, there are some key things that an officer must do. If not, then the accuracy of the test is seriously called into question. First, the ...
Continue reading "The Administration Of The Walk And Turn Test, Continued" »
Posted on Aug 4, 2011 By Plano DWI Lawyer
The Walk and Turn test, the first of the two divided attention tests, consists of the suspect standing in the heel-to-toe fashion with arms at his or her sides while the instructions are being given. ...
Continue reading "The Walk and Turn Test Continued" »
Posted on Aug 3, 2011 By Plano DWI Lawyer
When the police administer the Walk and Turn test, they are attempting to evaluate a person's divided attention. That is, it is generally accepted that driving a car, though on the surface appears ...
Continue reading "The Walk and Turn Test" »
Posted on Aug 2, 2011 By Plano DWI Lawyer
Recently we have been addressing the three SFSTs and their use to investigate whether someone is committing the offense of DWI . A few weeks ago, we took an indepth look at the HGN and how it is ...
Continue reading "The Administration Of The Walk And Turn Test" »
Posted on Aug 1, 2011 By Plano DWI Lawyer
As we have previously noted, the National Highway Traffic Safety Administration ("NHTSA") advocates the use of three Standardized Field Sobriety Tests (SFSTs) to determine whether a motorist ...
Continue reading "The Standard Field Sobriety Tests, Continued" »