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Longview Criminal Defense Law Blog

How does implied consent affect you during a Texas DWI arrest?

The concept of implied consent is a confusing one that many people don't quite grasp. The average person in Texas won't really need to worry about the definition of implied consent or how it affects their rights. However, anyone who finds themselves stopped as part of a sobriety checkpoint or pulled over as part of an enforcement effort could find themselves worrying about chemical testing and their right to refuse.

Texas traffic laws allow law enforcement officers to perform breath tests during traffic stops if they believe someone is under the influence of alcohol. They can also take blood from someone after an arrest in certain situations involving driving while intoxicated (DWI).

What is a deferred adjudication for DWI in Texas?

Texas defendants charged with their first driving while intoxicated (DWI) or boating while intoxicated (BWI) offense will have the opportunity to avoid the most serious consequences of a conviction. Thanks to a bill recently passed by the state senate, first-time offenders can ask for deferred adjudication on their cases.

Deferred adjudication for offenses involving alcohol hasn't been available in the state since 1984. Prosecutors and defendants alike have long felt that disallowing deferred adjudication made it impossible for "the punishment to fit the crime" for many first-time offenders -- especially young people who simply made a mistake when judging their alcohol tolerance. They say that allowing deferred adjudication can help those people avoid a permanent criminal record that could prevent them from succeeding in life.

58 people arrested in Texas on drug-related charges

The United States Department of Justice is playing hardball with anyone they believe is trafficking drugs through "pill mills." In the most recent series of arrests, 58 people -- including at least 16 doctors or other medical professionals -- were charged with diverting 6.2 million opioid pills and also for Medicaid fraud for their roles in what is alleged to be a statewide scheme.

The investigation involved several different federal agencies, including the Department of Labor, the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA) and the Health and Human Services (HHS) Office of Inspector General (OIG). This is the second major drug bust to target pill mills in Texas within the last month. Three weeks before the most recent arrests, a Houston Strike Force filed charges against dozens of people believed to have put 23 million opioid pills into the market.

Important reminders about medical marijuana in Texas

Effective Sept. 1, 2019, the drug laws in Texas broadened a bit as the state expanded the list of conditions that will qualify someone for a medical marijuana card.

Previously, access to the state's medical marijuana program, or the Texas Compassionate Use Act, was limited to those with intractable epilepsy. The new law now allows those with terminal cancer, Parkinson's disease, autism and many other conditions to also qualify for a card.

What is synthetic marijuana (and is it legal in Texas)?

If you live in Texas, you are aware that the authorities take a determinedly grim view of the possession or use of marijuana.

But, what about synthetic marijuana? Known by such colorful names as "K2," "Kush" and "Spice," synthetic cannabinoids are chemical concoctions that are designed to produce a high similar to the real thing. (Unfortunately, some of the chemicals used in those synthetic blends have proven to be dangerous and toxic.)

What should I avoid doing on social media?

You're facing drug charges after an arrest. You got pulled over for breaking the speed limit and the police searched the car. They found what they claim were illegal drugs.

Now your case is moving forward. You're an avid social media user, and you have been for years. But now you've been hearing that mistakes people make online can cost them in court.

A dozen felony DWI arrests in Galveston County

Galveston County police are stepping up their efforts to arrest drivers for driving while intoxicated (DWI). In June, police in that county arrested a dozen people on felony-level DWI charges.

Any DWI charge -- even your first offense -- is a serious concern. However, there's a big difference between a misdemeanor DWI and a felony. The felony charge is much more severe and has more extreme consequences.

Is racial profiling leading to more arrests of people of color?

What makes a police officer suspect that a driver might be hauling drugs somewhere in his or her vehicle? Is it the type of car? The age or condition of the vehicle? The driver's shifty eyes and nervous attitude?

No, it's probably the color of their skin.

School bus could be considered a deadly weapon in DWI case

A Harris County school bus driver could be facing extraordinary charges related to driving while intoxicated (DWI) after driving so erratically that she nearly flipped her bus over on the road.

A 911 caller alerted the police to the 55-year-old female bus driver's dangerous driving just after she had dropped off the last of her students to a prep school. Police caught up with her near Aldine Westfield Road and Hirschfield Road around 2:15 in the afternoon on May 30.

Meth is making a comeback

For a while, oxycontin and other prescription drugs were the hot items among both dealers and addicts. Now, in the wake of the opioid crisis and the crackdown on doctors who overprescribe, an old-but-familiar drug is making a comeback. Methamphetamine (commonly known as meth), which was once the most popular street drug, has been increasing in popularity once again.

Data provided by the federal government indicates that meth seizures have spiked 142% between 2017 and 2018 alone. Whatever is being seized is likely just a drop in the bucket of what's really available out there.