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Edinburg, TX 78539
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Edinburg Law Blog

What are the ways to challenge a Breathalyzer test?

Drunk driving charges can be based on a Breathalyzer test that places the driver over the legal limit to drive.

Because a Breathalyzer test can play such a significant role in a drunk driving charges, accused individuals should know how to challenge a Breathalyzer test when needed.

The importance of holding negligent drivers accountable

Negligence is an important part of personal injury law. Negligence is the legal principle that underlies liability for car accident damages and other types of damages following a serious accident. The legal process holds negligent drivers accountable when they have caused injuries and harm to victims such as in a car accident or other type of accident.

A driver may be considered negligent when they owed a duty to the party that was harmed and they breached their duty to that party which resulted in the injuries and damages the victim suffered. Examples of negligent driving can include driving while distracted; driving while drunk or under the influence of drugs; driving recklessly; or if the negligent driver receives a citation or criminal charge related to the accident. Negligence is very serious and is taken seriously by the legal system.

How DWI penalties such as ignition interlock devices work

There are a variety of different penalties that can be associated with drunk driving charges in Texas and some of the penalties and consequences can be harsh and costly for the accused individual. One penalty that may be assigned to an individual who has been accused of driving under the influence is the requirement that they install an ignition interlock device on their vehicle so it is important for accused individuals to be familiar with what this requirement entails.

Alcohol monitoring devices including ignition interlock devices can be costly for the accused individual to install on their vehicle and can also be complicated and confusing to install and operate. An ignition interlock device requires the accused individual to provide a breath test sample by blowing into the device and they will only be able to drive the vehicle if their blood alcohol content level is measured within an acceptable range. If the blood alcohol content level is not within the legal range, the accused individual will be prevented from driving the vehicle.

The role affirmative defenses play in a criminal defense strategy

Knowing how to defend against criminal charges is exceptionally important for accused individuals to be familiar with. There are different criminal defense options that accused individuals should be aware of if they find themselves facing criminal charges and accusations that can impact them for a lifetime.

One category of criminal defense options includes affirmative defenses. Affirmative defenses offer a reason why the accused individual committed the alleged action. Affirmative defenses can include self-defense, defense of others, insanity, duress and entrapment. As with any criminal defense, the best defense option and strategy is based on the unique situation and circumstances of the accused individual so if they think an affirmative defense might apply to their situation and circumstances, the accused individual should ensure they understand their criminal defense options.

What are the penalties for a DWI in Texas?

The penalties and consequences for DWI charges are significant which is why they require a thoughtful criminal defense approach. Accused individuals should ensure they fully understand the charges they are facing, their criminal defense rights and the possible criminal defense options that may be able to help them.

Texas law defines driving while intoxicated (DWI) as when an intoxicated driver is operating a motor vehicle in a public place. Intoxication is defined as a blood alcohol content level of .08 or above or impairment of the normal use of the accused individual's mental or physical faculties because of alcohol or drugs use or the combination of the two. Authorities will use breath tests and field sobriety tests to determine if the driver will end up facing DWI charges.

The high costs or brain injuries for victims

Brain injuries suffered in car accidents can take a physical, financial and emotional toll on victims. Car accident victims who have suffered a traumatic brain injury should be familiar with the legal resources and remedies available to help and protect them when they have suffered a brain injury in a car accident.

Brain injuries can impact a victim's motor, sensory and cognitive functions and can also result in mood disruptions, emotional struggles and personality changes. The impact of brain injury can make it difficult for brain injury victims to return to work or even perform the regular daily activities they used to perform with ease. They can also have a negative impact on the victim's relationships. Brain injuries impact victims, families, communities and society and can result in lost productivity and costs to society, as well as the victim and their family.

Options car accident victims have after a car accident

Car accidents may be over in an instant but the impact on victims and their families can last for a long time to come. To begin with, car accident victims are likely to need help with their injuries and the damages they have suffered as they adjust to the significant changes an unexpected car accident and unexpected car accident injuries can bring.

A variety of different kinds of accidents, including car accidents, truck accidents and motorcycle accidents, can result in catastrophic injuries that can impact the victim's life well into the future. This may require victims to adjust to a new reality moving forward which is why they may need help with medical damages, lost wages and the emotional struggles they face.

You must fight hard against first-time drug possession charges

Receiving drug charges is a serious life event, and anyone facing drug charges should respond quickly with a strong defense. If you recently received drug possession charges for the first time, it is important to use all the resources and guidance that you have available to keep your rights protected.

First time offenses are often easier to reduce or dismiss than repeat charges, and if you successfully defend yourself, your drug record remains clean. This helps keep many life opportunities open to you, so it is worth spending time and resources to fight the charges with everything you can.

The potential benefits of a plea bargain

There are potential benefits for accused individuals associated with resolving their case through a plea bargain that they should be aware of. Because a plea bargain is a big step, accused individuals should also ensure they understand the process and its implications.

Plea bargains are one way that criminal cases are commonly resolved through the criminal justice process. They require a waiver of some of the accused individual's important criminal defense rights, which is why accused individuals should ensure they fully understand the process, and benefits, before entering into a plea bargain to resolve their case. Please bargains are utilized to resolve criminal cases as much as 90% of the time, so accused individuals should have the right tools to decide if a plea bargain is best for them.

How is domestic violence defined?

Domestic violence charges are criminal charges that should not be taken lightly. Because domestic violence charges are serious, and domestic violence is a serious concern in communities and families, it is helpful for individuals and families impacted by domestic violence to know what it is and what it includes.

It is important for accused individuals and those impacted by domestic violence to have their questions answered about what domestic violence is and also what the criminal definition of domestic violence is. Domestic violence generally refers to a pattern of behavior that is designed to gain or maintain control over another party. Domestic abuse includes physical abuse but is not only limited to physical abuse such as hitting, pushing kicking and other forms of physical abuse.

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4842 S. Jackson Road
Edinburg, TX 78539

Phone: 956-467-5766
Fax: 956-687-7708
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