Houston DWI Lawyer | DWI Defense in Houston, TX

As a Houston DWI lawyer I have come across a few memorable DWI videos during my time, but I have never come across one where the police officer leaves the decision to arrest someone to chance.  That is exactly what a Humble, Texas police officer decided to do in a drunk driving case that I was representing recently.  The short version of this incident is that the officer, after stopping my client for a traffic violation states on video that if my client's girlfriend answers his phone call and comes to the scene to pick him up he will not arrest him for DWI.  The catch of course, is that if she does not answer the phone he will be booked for DWI.  Unfortunately luck was not on his side that night.  His girlfriend failed to answer his call.   Meanwhile, the officer neglects to have my client perform any field sobriety tests to actually determine if he is intoxicated before arresting him.  This is comparable to flipping a coin before deciding to arrest someone.

Once I brought these facts to the prosecutor's attention she could not believe this was the case.  After viewing the video for herself she was equally astonished and eventually dismissed the case.  My concern is that this officer is not going to be reprimanded or told that his actions were improper.  Is this really how the Humble,Texas police are going to decide how to arrest someone for DWI?  Has anyone come across an officer claiming to release someone to a friend or family member based on a chance phone call, or was this an isolated incident?

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South Florida, where Super Bowl XLIV is being held this year is similar in many ways to Houston, Texas in that people often drive because they can not count on their local public transportation.  I remember when I first moved from Chicago, Illinois to Miami, Florida when I was a young boy and was not able to do half the things I was use to doing upon my move since my new city did not have reliable public transportation.  This meant I was unable to take the train to a baseball game during the summer months, not that South Florida had a baseball team at the time. As a child I had to really on my legs and my bike if I wanted to do anything outside my neighborhood.  Despite the inconvenience, I thought it was great since the brutal winter months of Chicago were behind me .

This inconvenience however, leads to serious consequences if someone does not take precautions in respect to drinking and driving.  I firmly believe if we had reliable public transportation in Houston, Texas our DWI arrests would decrease.  Take into account the Washington Avenue area, the new place to go for young professional to "hang out" and drink.  If someone wants to go this area to meet up with friends they must drive or get a taxi that is probably makes their night cost twice as much.  Given the alternative, the Houston driver decides that he/she will monitor what they drink instead of incurring the cab cost.  The Houston drinker must be more conscious of their alcoholic intake because they are the one that are likely will be doing the driving and the police have a close to zero tolerance for anyone that drinks and drives whether or not they are intoxicated.  Unlike other major cities in the United States we do not have the fall back of public transportation in Houston.

Miami, Florida is a tourist attraction year round because of its tropical weather and beautiful beaches, but still does not provide the reliable public transportation for its visitors.  I have a suspicion that a few people will be drinking during the Super Bowl festivities that will be ongoing throughout the week.  Even if they are only attending the game they are unlikely to be staying near stadium since it is not located in a tourist area.  Therefore, the majority of tourists will be driving.  It is not a stretch that when a destination increases by over 250,000 people that are drinking and driving that DWI arrests are going to increase.

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Just because I am a Houston DWI Attorney does not mean that I am not interested in what other states do with their DWI cases.  For example, I recently learned that the Honolulu, Hawaii Police Department has gone to the extreme step of posting the mug shots of anyone that is arrested for DUI.  Proponents of the measure believe that this will deter drunk driving.  I disagree...first of all, none of these people have been convicted of anything before their pictures are posted on the website.  Second, I would wager that most people will overlook the website until they are arrested for DWI.  Third, what happens to the poor people that are arrested for DWI, but are not guilty of the crime.  I am confident that a lot of the 80 people that are arrested weekly for DUI in Honolulu will have their cases dismissed or found not guilty of DUI/DWI.   The harm that this will cause to these innocent people is not worth resorting to humiliation for those that may be guilty. 

If you have been arrested for DWI in Houston please contact our law firm if you have questions regarding your case.  Our phone is (713) 242-1779.

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In the near future, I am sure there will a few best of 2009 lists coming out so I wanted share an unique DWI list.  Here are some of the oddest DWI arrest for the 2009 year.  Feel free to tell me which one is your favorite.

http://www.wptz.com/cnn-news/20421679/detail.html (driving a snowmobile while intoxicated)

http://www.joplinglobe.com/local/local_story_215223733.html (dawn mower man gets a DWI)

http://www.thesmokinggun.com/archive/years/2009/1022091lazboy1.html (driving a La-Z-Boy while intoxicated)

http://edition.cnn.com/2009/CRIME/03/31/barstool.dui/ (DWI while on a barstool)

http://www.thepittsburghchannel.com/news/21605132/detail.html (Lawn tractor driver gets arrested for DWI)

If you need the help of a Houston DWI Lawyer please click here to visit our website or call us at (713) 242-1779.

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It might be if your DWI arrest occurred in the Southeast portion of Harris County, Texas during the time Deetrice Wallace worked as a Department of Public Safety contractor in charge of inspecting alcohol breath test machines.  Ms. Wallace was convicted of faking the inspections of the machines she was in charge of in Webster, Pasadena, South Houston, and Clear Lake area.  Therefore, the Harris County District Attorney's Office will be reviewing over 1,200 DWI cases that were affected by Wallace's conviction.  The cases will be hard to prove since the breath test results will not be available and it is likely that the field sobriety tests that were videotaped were likely destroyed.

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You may have seen the recent tragic news story where a New York woman driving drunk drove down the wrong side of the highway crashing and killing herself, her daughter, three nieces and three men in the SUV she hit. Toxicology results revealed that the woman's blood alcohol level was 0.19%, more than twice the legal limit. Additionally, she smoked marijuana within an hour of the crash.

According to a recent study, nationwide, the number of women arrested for driving under the influence or alcohol or drugs was 28.8 percent higher in 2007 than it was in 1998, while the number of men arrested was 7.5 percent lower. The study is  based on figures that cover about 56 percent of the country. Granted, this is an incomplete sample, the trend is still disturbing.

As the New York tragedy demonstrates driving while intoxicated with children can have tragic consequences. In Texas  Driving While Intoxicated with a  Child Passenger is a felony. With the trend in the rise of women driving under the influence and women being the traditional children's caretaker it stands to reason that we will see more arrest for these types of cases and sadly more possible tragedies.

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An Irishman who recently moved to the United States quickly found the local pub and ordered three Irish Whiskeys in three shot glasses and drank them. He came back everyday after work for a week after which time the bartender suggested he use one shot glass and poor the second and third shots as he finished. The Irishman explained that he needed three glass because he drank in solidarity with his two brothers back home in Ireland. The two glasses were for his brothers and one for him.

The Irishman continued coming in after work . One day a week later he asked for two shots, rather than the normal three shots of whiskey. "I'm sorry did something happen to one of your brothers?" the bartender asked. The Irishman replied, "Oh no, I'm drinking the two shots for my brothers, I gave up alcohol for Lent."

Fr. Jay Walsh at St. Anne gets credit for that joke. He said it during Mass yesterday while giving his homily at St. Anne Catholic Church. In his sermon he spoke of Bill Wilson who founded Alcoholics Anonymous.

I found the topic of special interest, because as Houston DWI Attorney, I am faced with this issue on an almost daily basis. We have represented people with as many as 9 DWIs on their record, who obviously have an addiction. But, more often than not, we represent the individual who had a couple of drinks socially with friends or colleagues after work and is stopped for a traffic violation on their  way home. They are then arrested for Driving While Intoxicated. A night of fun turns sour with an arrest and an unpleasant night in jail. Next comes a court date and they face a number of possible consequences. Here's hoping that as many people as possible enjoy St. Patrick's in a responsible fashion and avoid this problem.

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I applaud M.A.D.D. for all they have accomplished in raising the awareness of driving while intoxicated, however M.A.D.D like other organizations tend to go overboard at times.  They seem to lack any sympathy for the first time offender of DWI. 

I have never met a person who intends to commit the crime of DWI, unlike a person who commits a theft, or an assault.  Accordingly, the law in Texas does not make "intent" an element of the crime.  I routinely tell my clients that anyone may be arrested for DWI and this does not mean that they are bad person or even that they are guilty of the crime.    A perfect example of this is Charles Beebe, a Cincinnati Police Officer, and a Top Cop M.A.D.D. award winner, who was arrested for DWI.  I am sure Officer Bebee is glad that he is presumed innocent just like everyone he ever arrested.  His case is still pending trial.

If you need assistance with your DWI case in Texas please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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