Recent Articles

What does "Operating" a Motor Vehicle Mean?

April 12, 2010 17:17

Under Texas law, a person cannot be found guilty of driving while intoxicated unless there is sufficient proof that he/she "operated" a motor vehicle while intoxicated.  See, Texas Penal Code section 49.94.  The question often while arise in some DWI cases, "what does it...

Stopped for DWI? Do you know your Rights?

February 04, 2010 18:23

Many people often ask me, "If I am stopped by an officer and suspected of drunk driving, what are my rights?"  This is a very good question because under Texas Law a police officer DOES NOT have to tell you about your rights when questioning you about drunk driving. ...

A failed breath test DOES NOT matter unless the State can prove you were over the limit at the TIME OF DRIVING!

January 22, 2010 20:44

In most DWI breath test cases, the State will attempt to convince the jury to find a person guilty based on a failed breath test.  In every one of these cases the State will use a breath test that will given some time after the arrest was made.  It is important to remember that officers...

Could a trip to the dentist cause you to fail a breath test?

January 22, 2010 20:26

Did you know that those new braces, veneers, bridge or even cap may cause you to fail a breath test?  It is true! Dental appliances can be a major factor in high breath test results. Like GERD defenses, dental issues concern mouth alcohol. If a person fails a breath test, and has had major...

What is the "Implied Consent" Law? Do I have to give a breath or blood test?

January 22, 2010 20:08

Does a citizen have an obligation to give a breath or blood test if asked by an officer during a DWI investigation?  To answer this question, an explaination of the "Implied Consent Law" in Texas is needed.  Below, please find an article from out Plano DWI Law blog detailing the...

DWI: What Does the State Have to Prove?

January 21, 2010 20:12

Before the State can convict a citizen of the offense of Driving While Intoxicated, the prosecution must prove the following elements beyond a reasonable doubt: The State MUST prove that: The Defendant; Operated a Motor Vehicle; In a Public Place; In the Texas County where the...

What is the Difference Between a DWI and a DUI in Texas?

January 21, 2010 19:55

One of the most asked questions we get from citizens is, "what is the difference between a DWI and a DUI?".  Below, is a detailed explanation of the difference that we posted on our Dallas DWI website and Collin County DWI website. DWI v. DUI in Texas:  What is...

Dallas DWI Court Process: What You Need to Know

January 21, 2010 19:04

If you or someone you love has been charged with drunk driving we know you probably have a number of questions. Most people have never been through the criminal process and therefore do not know what to expect at their court appearances. Each county has different policies and procedures....

Airbags may Give False-Hight Breath Test Scores

Troy P. Burleson
October 26, 2009 18:08

The <a href="http://silver-lightning.com/tyndall/">Tyndall Effect</a> is a physics concept used to discuss something known as “colloidal suspensions.”  Colloidal suspensions describe a homogenous substance consisting of submicroscopic particles dispersed in...

5 Major Issues that May Affect a Breath Test Result

Troy P. Burleson
September 17, 2009 20:22

One can do a quick search on Google concerning the Intoxilyzer 5000 and discover that there is a great volume of internet literature concerning the many scientific problems with the machine used in Texas to measure a person’s breath/alcohol concentration. As an attorney dedicated to DWI/DUI...