Make sure you have a DWI attorney who can protect your rights.

Driving while intoxicated, by its nature, is a crime that sometimes crosses state lines. If you live in another state and were charged with DWI in Texas, you may be wondering whether the process is different.

The short answer is that the process is mostly the same. While DWI laws vary from state to state, driving while intoxicated is a crime everywhere, and there is a great deal of overlap between state laws. Moreover, a DWI charge in one state will absolutely follow you around in other states. However, there are some differences in the legal process, and an experienced Texas DWI lawyer can help you navigate those differences.

Does an out-of-state DWI count as a previous charge for enhancement purposes?

As you may know, a key factor in the penalties you face for a DWI conviction is the number of previous convictions on your record. The penalties for a second DWI offense are significantly harsher than the penalties for a first offense, and the penalties for a third or subsequent offense are harsher still.

If you're wondering whether an out-of-state DWI counts as a previous offense for these purposes, the answer is yes. Note that an out-of-state charge may be called something different, such as DUI (driving under the influence), OUI (operating under the influence), or OWI (operating while intoxicated), but as far as Texas penalties for a second or subsequent DWI offense are concerned, they all count. So, if you have a previous DWI, DUI, OUI, OWI, or similar conviction in your home state, you are likely looking at enhanced penalties under Texas law, even if it's your first DWI in Texas.

Likewise, a DWI conviction in Texas will most likely count as a previous offense for enhancement purposes in your home state, although of course, these laws vary from state to state.

Can Texas suspend an out-of-state driver's license?

The State of Texas does not have the authority to suspend or revoke a driver's license issued by another state. So if you are licensed in another state and get a DWI in Texas, then you are not subject to the license suspension or revocation penalties that Texas typically applies in DWI cases.

However, like nearly all U.S. states, Texas is part of the Driver's License Compact (DLC), which means it shares DWI information with other states. So, if your home state normally suspends driver's licenses for DWI or equivalent arrests or convictions, then your driver's license will very likely be suspended by your home state after a DWI arrest or conviction in Texas (unless you live in one of the few states that are not in the DLC).

The same generally applies to any associated points, insurance surcharges, or other administrative penalties, although how those penalties are applied to out-of-state offenses varies from state to state.

In addition, a DWI in Texas will be added to the National Driver Registry, which any state can access. A future application for a driver's license in your current state or another state may be held up based on the information in this registry.

Why you need a Texas attorney to fight a Texas DWI charge

If you were arrested for DWI in Texas, it's especially important that you hire a local Texas attorney to handle your defense. A local attorney who knows the law, the courts, the judges, and the juries will be best positioned to help you fight the charges and protect your rights.

From a logistical perspective, hiring a local attorney also means we can handle matters in Texas on your behalf while you return home. In many cases, we are able to resolve a DWI charge for an out-of-state client without any need for you to return to Texas for hearings or other proceedings.

We can move your case forward with remote consultations, conference calls, overnight delivery of documents, and so on.

Remember, the legal process for DWI in Texas moves fast, and the sooner you hire an attorney, the better. If you are facing DWI charges in Texas as an out-of-state driver, contact Amanda Webb — DWI Lawyer as soon as possible for a free consultation.

Alcohol-related crimes can affect the status of dozens of Texas occupational professional licenses.

In Texas, a DWI conviction carries more penalties than a suspended driver's license, fines, and the possibility of incarceration. A DWI on your record can limit your options for housing, education, and financing. For people with professional licenses, a DWI can be devastating for their careers. In Texas, the status of many types of professional licenses can be affected by criminal convictions, including driving while intoxicated (DWI).

It's always smart to defend yourself against DWI charges, but the need to fight back is even more critical if your career depends upon being licensed. Amanda Webb - DWI Lawyer has been protecting the rights and freedoms of people accused of DWI in the Houston Area for over a decade. We understand the full impact a DWI can have on a person's life and the processes available to restore professional licenses. If you have been charged with DWI in the Greater Houston Area, contact us for a free case evaluation to learn more about your options. Here's what professionals in Texas need to know about how a DWI affects professional licenses.

Texas DWI license considerations

Texas has dozens of professional occupational licensing authorities responsible for issuing and renewing hundreds of occupational licenses. Occupational licensing entities include the Texas Medical Board, Texas Department of Licensing and Regulation, Texas Health and Human Services, Texas Real Estate Commission, and Texas Board of Nursing. Every professional license has regulations regarding criminal behavior and license status that apply to new applicants as well as license holders. Because there is so much variation in application and regulation, it is best to consult a DWI defense attorney as soon as possible after an arrest to determine how an alcohol crime can affect license status and what can be done if a charge or conviction leads to a license being revoked or suspended.

Some professional occupational licenses don't consider DWI an issue, while others have harsh penalties. However, in Texas, any type of repeat criminal conviction on any kind of charge may be a reason to review the status of a professional license. When determining whether a criminal conviction should be grounds to deny issuing or reinstating a license, Texas considers the following and other factors:

• The nature and seriousness of the crime.
• The relationship between the crime and the nature of the professional license.
• The extent to which a license may offer the opportunity to engage in further criminal activity.
• How old the person was when the crime was committed, and how much time has since elapsed.
• Work conduct and activity since the criminal activity.

List of Texas licenses affected by DWI

Here are some, but not all, of the professional licenses affected by DWI and/or other alcohol-related crimes in Texas:

Texas Medical Board and other medical licensing authorities

A DWI or, in some cases, another type of alcohol-related charge, can affect the status of occupational licenses issued by the Texas Medical Board, including those issued to a physician, physician assistant, acupuncturist, medical radiologic technologist, non-certified radiological technician, respiratory care practitioner, medical physicist, and perfusionist. Medical professionals with criminal histories or recent charges should request a Criminal History Evaluation Letter (CHEL) from the Texas Medical Board, the Texas Physician Assistant Board, or the Texas State Board of Acupuncture Examiners to determine whether charges or convictions will affect their licenses and, if so, how to appeal. The Texas Board of Nursing also considers crimes related to the use or possession of drugs or alcohol to be highly relevant to a nurse's fitness to practice.

Texas Real Estate Commission

The commission considers DWI directly related to the responsibility of real estate brokers and real estate sales agents' "trustworthiness." A request for a Fitness Determination, which is similar to a CHEL, should be considered before applying.

Texas Department of Licensing & Regulation

The following professional licenses issued by the TDLR may be affected by a DWI and/or other alcohol-related charges and/or convictions:

• Athletic trainers.
• Behavior analyst.
• Code enforcement.
• Dieticians.
• Driver education and safety instructor.
• Dyslexia therapists and practitioners.
• Emergency Medical Services and Trauma Systems.
• Hearing instrument fitters and dispensers.
• Laser and hair removal.
• Massage therapy.
• Midwives.
• Motor fuel metering quality.
• Motorcycle operator training and safety instructor.
• Offender education.
• Orthotists and prosthetists.
• Podiatry.
• Sanitarians.
• Speech-language pathologists and audiologists.
• Tow truck operators and permit holders.

Contact an experienced Conroe, TX DWI lawyer for help.

A DWI or other alcohol-related crime can ruin your career. Not only can a conviction cause some to lose their professional licenses, social factors and employer standards cause a person to face disciplinary actions, which means they could get in trouble at work. They might be suspended from their job or even lose it. This is just one of many reasons why it is important to take all DWI and alcohol-related charges seriously in Texas. If you are facing DWI charges in the Houston Area, our Conroe-based DWI defense law firm can help you fight accusations and negotiate or litigate aggressively for the best outcome. Contact Amanda Webb - DWI Lawyer for a free case evaluation to learn more about how alcohol charges may affect your Texas professional license and your options for a strong legal defense.

Understanding how police mistakes can be used to protect your freedom

Getting arrested for DWI can be very upsetting, and a conviction can have serious consequences. These include loss of license, fines, and possibly even jail time. But prosecutors still need to be able to prove their case. That's why having an experienced DWI lawyer fighting for your rights is important.

Your lawyer will carefully review your arrest to check to see if any mistakes were made. Here are ten mistakes police sometimes make when making a DWI arrest.

1. Stopping a person based only on an anonymous 911 call.

For a 911 call to justify a stop, the officer must have specific information about the caller and independent reasons to stop a moving vehicle. In DWI law, this is a contentious issue as the tip may come from an unreliable source, such as a vindictive ex-partner or a victim of road rage.

2. Following a driver into a residence without permission or probable cause.

The Fourth Amendment of the Constitution safeguards your home against unauthorized entry. Police require permission from you or a warrant from a judge to enter your home, even if running inside won't prevent a DWI.

3. Basing an arrest solely on the statements of another driver.

In cases of accidents, law enforcement officers must have either personal knowledge or independent corroboration of statements. Without concrete evidence, such as the time of driving or the identity of the driver, obtaining a conviction can be difficult. This scenario often arises in cases of reduced driving while intoxicated (DWI) charges, where there is insufficient proof to support the charge beyond a reasonable doubt.

4. Detaining someone longer than necessary.

Officers can perform traffic detentions to enforce traffic laws but cannot hold someone indefinitely without reasonable suspicion of a crime.

5. Stopping a car because of a "hunch."

A law enforcement officer can only stop a driver if they have reasonable suspicion of a crime being or having been committed. Any evidence obtained during the stop and arrest cannot be used in court without specific facts to support the suspicion.

6. Stopping a car for going too fast or too slow without more proof.

Laws governing speed were put in place to ensure safety on the streets. Evidence is needed to prove that driving too slowly or exceeding the speed limit was unreasonable or imprudent.

7. Stopping a car for weaving within a lane.

Drivers are legally required to remain in their lane as much as possible. But drivers are also allowed to leave the lane slightly to dodge potholes and debris. That's why an investigation of the scene is needed.

8. Failing to follow state breath testing regulations.

There are strict procedures that must be followed under Texas law regarding the collection of blood and breath samples. If procedures are not followed properly, the test results will not be allowed as evidence.

9. Failing to follow field sobriety test procedures properly.

The Standardized Field Sobriety Test (SFST) sponsors training for officers. If the SFST is not administered properly, the results can be challenged in court.

10. Arresting someone who was not intoxicated.

Police officers are human beings and sometimes react poorly. For example, they may arrest someone who was merely coming from a bar or was in an area where there are several bars. They may arrest someone who they felt was being confrontational when pulled over.

Contact Amanda Webb - DWI Attorney today

If you've been arrested, call an experienced DWI attorney. Attorney Amanda Webb has been defending clients in Montgomery County since 2009. She knows how to build a strong case and what it takes to get charges reduced or, in some cases, even completely dropped. Learn more about how she can help. Contact us for a free consultation.

Standardized field sobriety tests are stacked against you

When police pull over a driver in Texas and suspect impairment, they will conduct an investigation. This usually begins by asking the driver to take a series of field sobriety tests. How the driver performs on these tests plays a big role in determining whether an arrest is made and charges are filed.

But as an experienced DWI lawyer can tell you, the odds are against you – whether or not you are actually impaired.

If a police officer suspects you are impaired, you may be asked to step out of the car. The officer may explain that you will be asked to take some tests. But police likely won’t ask for your permission to conduct the tests. It’s just assumed you will cooperate.

Understanding field sobriety tests

There are three tests that are part of the standardized field sobriety tests used by police across the country:

• Horizontal Gaze Nystagmus (HGN) – In this eye test, the driver will be asked to stand still while the officer checks the driver’s eyes. The officer is looking for involuntary jerking of the eyes, which is a sign of impairment.
• The Walk and Turn Text (WAT) – In this test, the driver will be asked to walk a straight line from heel to toe, with their arms stretched out, then turn around and walk back. The officer is checking to see if the driver can follow instructions and maintain balance.
• One Leg Stand test (OLS) – The driver is asked to stand on one leg for 30 seconds. This is also a test of following instructions and balance.

Many factors can affect the results

Your performance will be captured by body cameras and dash cameras. If you fail these tests, that will be used as evidence against you if you are charged with DWI. But these tests are not designed for you to pass. There are multiple problems with these tests that can cause you to “fail.”

For example, the eye test must be conducted with precision, which can be quite difficult on the side of the road. And cameras likely won’t capture what the officer sees.

The walk-and-turn test requires a driver to walk an imaginary line under stressful conditions. For example, weather conditions may make it challenging to perform the tests, or the driver could be fatigued.

The one-leg stand can also be difficult for people to do for a variety of reasons, including fatigue, footwear, or a bad knee. And if the driver doesn’t quite make 30 seconds, too bad.

An experienced DWI defense attorney can fight for your rights

These tests have been challenged and debunked by experts for years but are still used as evidence. So what are your options if you are pulled over and asked to take them?

You can refuse – you do not have to take field sobriety tests.

If you are asked to exit the car, do so. But if the officer starts to administer the tests, politely refuse to take part. It’s important to note that it is possible you may still be arrested for DWI. However, there will be less evidence that can be used against you.

If you are placed under arrest, call an experienced DWI attorney as soon as possible. Attorney Amanda Webb has been a criminal defense lawyer in Montgomery County since 2009. She knows the Texas DWI laws. She knows how to create an effective defense strategy.

Learn more about how our law firm can help if you've been charged with DWI. Contact us today for a free consultation.