Category: DWI

  • After a Year of DIVERT

    For your perusal: Harris County misdemeanor courts, DWI statistics compared between the year ending July 31, 2010 and the previous year (roughly DIVERT and pre-DIVERT). August 2009-July 2010 August 2008-July 2009 DWI Cases Pending at Start of Period 6,687 6,039 New DWI Cases Filed 12,315 11,341 DWI Motions to Revoke Probation Filed 775 656 Other […]

  • Partisan and Interested Magistrates?

    In regard to the search of a place, the United States Supreme Court has consistently favored the issuance of a warrant by a neutral and detached judicial officer as a more reliable safeguard against improper searches. See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 326, 99 S.Ct. 2319, 2324, 60 L.Ed.2d 920 (1979). […]

  • Can DUI Be Expunged in Texas?

    From the Search Terms Files, the question that forms the title of this post: “Can a DUI be expunged in Texas?” First: in most parts of the U.S., the crime of driving while one’s capacities are diminished by the ingestion of alcohol is described as DUI (driving under the influence). In Texas it’s DWI; “DUI” […]

  • DUI No-Refusal Weekend

    Harris County prosecutor Warren Diepraam (mentioned before here and talking about “honoring the dead” here) writes in the TDCAA forums: Harris County is doing a July 4th No Refusal Program and hopefully joining some area counties for a multi-jurisdictional effort. Ours will be for all agencies in Harris County with one prosecutor stationed in the […]

  • Dirty DWI Secrets

    In response to the discussion of DWI (sorry, Windy, in Texas if you’re a grownup it’s DWI; DUI is the crime someone under 21 commits when he drives with any alcohol in his system) that started here, Chicago’s Windy Pundit gives us the numerical rundown on the real danger of DWI: Drunk driving isn’t as […]

  • DWI: Victimless Crime

    Victim-worshipping commenters on my profile in this morning’s Houston Chronicle are fixated on whether DWI is a victimless crime. Fortunately, the vast majority of incidents of driving while intoxicated have no victims; they don’t even result in a trip to jail. The victimocrats overclaim when they say that DWI has a victim. In Texas, crimes […]

  • To Blow or Not To Blow? A Little Texas DWI Law.

    In a comment to this post, in which I mentioned that I thought the ±25% margin of error of the Intoxilyzer 5000 was a good reason not to blow if you’re arrested for DWI, first-time commenter Scott wrote: Your comment regarding refusing to blow intrigues me, as a green attorney, given the likely loss of […]

  • Believe in Karma

    Last week I wrote about this dog of a DWI case, giving enough information, apparently, that some people were able to identify the prosecutor of whom I wrote. Today I went to court on this DWI case (trial was continued till August) in another court, only to find that the same prosecutor had been transferred […]

  • DWI Trial Tomorrow

    I have a DWI jury trial tomorrow in Harris County. No NLSes; this time it’ll be “Full speed ahead!”, David Farragut-style. Did you know that the Intoxilyzer-5000’s margin of error for an unknown solution (i.e. your breath) is +/- 0.020? That means that if your BrAC is .06 and the machine says .08, it’s within […]

  • Based on Actual Facts

    Suppose that you were a prosecutor prosecuting a first-time DWI case, and that I was defending it. Suppose further that the accused’s husband, an ex-cop, watched her performing the field sobriety tests at the scene, and would testify that she did fine. That the arresting officer claimed that his in-car video camera wasn’t working. That […]