Bicycle DWI in Texas: A DWI on a Bike?

A bicycle DWI sounds strange, right? You have a fun night with your friends and feel that a bike is a safer way to get home after a few drinks. However, do you face a potential DWI in Houston when you ride your bike? 

According to the state, Texas law says no. The only exception to this rule, is if the bicycle is motorized. Unfortunately, some aggressive prosecutors try to prosecute those who make a smarter decision. When it comes to drunk driving or riding a bike, the choice is clear. 

However, even when you don’t face DWI charges, there’s the potential for other criminal charges. From disorderly conduct to public intoxication, it’s important to protect your future. If you face charges for an alcohol-related crime on a bike, call a Houston DWI lawyer for assistance. 

Bicycle DWI in Texas

In Texas, there’s no specific statute that outlaws bike riding while intoxicated. However, there are prosecutors in the state who point to the general DWI statute of Texas. They argue that it covers bikes as well. 

Ultimately, it depends on how the court interprets the language of the statute. 

DWI Laws in Texas

Per the Texas Penal Code, an individual commits “driving while intoxicated” when they operate a vehicle in a public place while intoxicated. However, it’s important to define several words in that definition. Specifically, it requires an examination of both “intoxication” and “operating a motor vehicle.”

Defining “Intoxication”

Under the Penal Code of Texas, there is a clear definition of intoxication. 

• The person does not possess the normal use of mental or physical faculties due to the introduction of alcohol. 
• They have an alcohol concentration of 0.08 or higher. 

Defining “Motor Vehicle”

Per Section 32.34(a) of the Penal Code, a motor vehicle is the following. 

• It is a device, in, on, or by which a person is transported or drawn on a highway. This definition excludes a device that uses stationary rails or tracks. 

As you can see, the language is quite vague. While the name “motor vehicle” suggests an engine or motor, the definition does not match this logic. Although there is a clear exception for trains, it’s hard to say whether it includes the potential of a bicycle DWI. 

With this ambiguity, prosecutors have the option to charge people on a bike with a DWI. However, with an experienced Houston DWI defense attorney on your side, you have an advocate to protect your rights. 

In other states, they work to settle these ambiguities. For instance, the statute in Louisiane is also vague. However, the state’s Supreme Court ruled that the statute does not cover bikes in 2000. 

On the other hand, some states clearly prohibit riding a bike while drunk. For example, the DWI statute in Mississippi specifically targets “vehicles,” not “motor vehicles.”

Can You Get a Bicycle DWI in Texas?

With a plain reading of the statute in Texas, there’s no real reason to consider a bicycle a motor vehicle. However, the ambiguous language of the statute allows aggressive prosecutors to charge people with a bicycle DWI. 

Moreover, when you avoid a DWI conviction on a bike, there’s still the potential for other legal charges. This is especially true when you cause an accident with your bike the harms a person or their property. 

Public Intoxication in Houston

When you avoid a bicycle DWI, there’s still the potential of an arrest for public intoxication. Under the Texas Penal Code, the state defines public intoxication as follows. 

• Intoxication in a public place to a degree that the person might endanger themselves or another 

Unfortunately, this charge is not a stretch when you ride your bike while intoxicated. This is because there’s the clear potential to endanger or harm yourself or another. This does not necessarily require that the prosecutor prove you were a clear threat to yourself or another. Instead, they simply have to show the potential. 

In Texas, public intoxication is a misdemeanor. With it comes a maximum fine of $500. Relatively speaking, this is minor in comparison to a “bicycle DWI.” However, it’s important to remember that you also face the consequences of a criminal conviction. For instance, having a record makes it more difficult for some to secure housing or employment. 

Additionally, it potentially raises your insurance premiums. When you face any alcohol-related charges in Houston, TX, call on a local DWI lawyer to act as your advocate. With the right representation, you have someone to keep your reputation and record clear. 

Civil Liability & Bicycle DWI

When you avoid criminal charges, you might not be totally off the hook for damage. Even without a bicycle DWI, if you damage someone’s property or cause harm to them, they might file a civil lawsuit. 

Moreover, this does not require intoxication. Instead, you are only more likely to face legal charges when you are drunk and cause the damage. Drunk cycling gives some riders a false sense of safety, especially in comparison to the havoc caused by drunk drivers. However, cyclists still have the potential to cause damage. 

When it comes to drunken cycling, the risks are clear. You face diminished awareness and reaction times. Moreover, intoxicated riders simply forget some of the most essential safety precautions. These range from light clothing and signaling for turns to wearing reflectors during a night ride. 

Risks in a Bicycle DWI

Regardless of the legal risk, you pose a danger to yourself when you ride a bicycle after drinking. Cycling is inherently dangerous. Moreover, the heightened risk of head injury has great potential to severely alter your life. 

Other injuries people sustain in a bicycle injury include the following. 

• Arm and leg fractures 
• Cuts and bruises 
• Strains 
• Sprains 
• Broken jaws 
• Cracked teeth 
• Head and neck injuries 
• Concussions

When you add alcohol to the mix, you only increase your risk of injury. Alcohol slows your reaction time, which makes it much more difficult for you to react. Whether there are hazards on the road or a vehicle in the area, you have a harder time reacting to new stimuli. 

Moreover, it impacts your ability to make decisions. This causes you to take risks that you might otherwise avoid. Lastly, it affects your attention, which causes you to not notice threats until it’s too late. 

Bicycle DWI & Legal Representation

Do you face a DWI conviction in Houston? If so, a Houston DWI lawyer like Herman Martinez is ready to protect your future. Herman Martinez understands the stress and concern that comes with a DWI arrest. That’s why he dedicates himself to being your advocate throughout the legal process. 

When you want to understand your legal options and build a strong defense, you need an advocate with experience and expertise. With extensive courtroom experience, Martinez fights for the best possible outcome in your case. 

Schedule a free consultation today to learn more about your options. 

DWI Probation in Texas: What You Need to Know

DWI probation is a great alternative to a first-time conviction for driving while intoxicated (DWI). However, it does not mean you are fully off the hook. In Texas, the requirements of probation after a DWI are quite onerous. 

Moreover, if you violate your probation, it likely results in jail time. Let’s take a look at this probation so that you know what to expect. 

What Is the Law around DWI Probation in Texas?

For a DWI charge, probation falls under Chapter 42A of the Texas Code of Criminal Procedure. In this chapter, the law describes probation as “community supervision.” Moreover, it allows for probated DWI sentences. 

This places convicted individuals under community supervision. As such, it allows people to avoid jail time. Unfortunately, some circumstances still require a minimum jail time. 

Minimum Jail Sentences and Probation

For a first-time DWI, it’s possible for an entire sentence to be probated. This means you serve no jail time and instead serve probation. However, if you have a prior DWI offense on your record more than 5 years prior, you have to serve a minimum of 72 continuous hours in jail. This is true even when the judge grants you probation. 

That means 3 full days in jail. For example, there’s no way to report in at 8 pm and leave by 12:01 am after 16 hours. 

Additionally, if you have a second or subsequent offense related to drunk driving in fewer than 5 years, you have to serve a minimum of 5 days in jail. 

For a third offense or more, it requires no less than 10 days – and not less than 30 days for intoxication assault. Moreover, intoxication manslaughter requires a minimum term of 120 days as a condition of probation.  

What Are the Conditions of DWI Probation?

For DWI probation in Texas, the law sets requirements for community supervision. When a judge has good cause, they may waive some requirements. However, others are mandatory. 

Additionally, judges have many conditions to apply as they see fit. As such, every case is different and has the potential for different results. 

Here are some of the most common conditions of probation for a DWI. 

• Three 4-hours DWI classes to be completed within 6 months 
• Drug or alcohol dependence evaluation
• Fines and court fees (often around $1000) 
• Mothers Against Drunk Driving (M.A.D.D.) Victim Impact Panel
• No drinking or drug use 
• Community service (anywhere from 24 to 100 hours) 
• Random drug testing 
• No other offenses during the probation period 
• Install an ignition interlock device in your vehicle (comes with a note on your license stating you can only operate vehicles with this device)
• Monthly meetings with your probation officer 
• Remain gainfully employed and continue to support your dependents
• Submit to home and work inspections from your probation officer
• Avoid harmful behavior and individuals with “immoral” character
• Notify the court when you change address or employers
• Receive permission from the court before you leave the country

DWI Probation Violations

When someone accuses you of a probation violation, you have the right to a hearing in front of a judge. In this case, the state has to prove the violation of your probation. Moreover, it requires a preponderance of evidence, which means the burden of proof is on them. 

If you violated your DWI probation, whether purposefully or unintentionally, it is essential to work with a Houston DWI lawyer. When you act quickly, you have more options available. 

When the state revokes your probation, they sentence you to confinement. Unfortunately, the mandatory jail sentence imposed as a condition of probation does not count toward this term. 

Oftentimes, a probation violation in a DWI case stems from a “dirty blow” on an interlock device. However, it’s important to have a DWI defense attorney review your probation terms to see the precise conditions of your case. 

Early Release from DWI Probation

Under Chapter 42A Section 701, a judge has the authority to grant early release from probation. However, this does not apply to DWI convictions. Unfortunately, that means that early release is not a possibility with DWI probation in Texas. 

Still, some counties allow probationers to go into a “non-reporting” status. Typically, this requires the successful completion of certain probation terms. Moreover, this often allows people to have an interlock device removed. 

When the court orders an interlock device for DWI probation, the law requires installation for at least 50% of the period. The opportunity for removal exists on a case-by-case basis. Moreover, it varies with the judge overseeing your case as well as the county. 

DWI Probation & Houston DWI Lawyers

If you face drunk driving charges or an accusation of probation violation, call an attorney for legal assistance. The sooner you work with a lawyer, the more options you have. 

In Texas, it’s important to remember that no judge has the legal authority to end community supervision early. However, your attorney will help you explore your options. When possible, they can help you explore the potential for a non-reporting status. 

With decades of experience working in Houston and Harris County, Herman Martinez has the experience and expertise to help you determine the best possible outcome for your case. To learn more about your specific case, schedule a free consultation today. 

Why You Should Avoid DWI in Houston

Why should you avoid DWI in Houston? There are plenty of reasons not to drink and drive. Drunk driving puts every aspect of your life at risk, from your freedom to your personal relationships. 

Driving while intoxicated (DWI) charges leave you vulnerable to legal, financial, and even health consequences. Still, those are just a few of the ways that a DWI changes your life. 

There are plenty of reasons to avoid drinking and driving. Let’s explore just a few of them. 

Criminal Charges

In Texas, the state takes drunk driving charges very seriously. As such, the consequences are quite severe. 

• Fines. When the court convicts you of a DWI, you face fines ranging from $500 to $2,000. Oftentimes, states also take other factors into consideration that increase these fines. 
• Imprisonment. A DWI is a misdemeanor in Texas. This means offenders face anywhere from 6 months to a year of jail time. In some states, there’s even a minimum sentence for a first-time DWI. When drunk driving causes an accident, it increases the amount of jail time you face. 
• License Suspension. A DWI comes with the potential to lose your license. These last anywhere from 6 months to three years. When the state revokes a license, there’s no option to restore it. 
• Other Consequences. Offenders also face community service, seminars, and rehabilitation. Often, first-time offenders receive alternative sentencing like this. Moreover, some judges combine these with other consequences. 

When you don’t avoid DWI in Houston, you need the help of a Houston DWI lawyer. The consequences of a conviction stretch out into other aspects of your life. For instance, the charges have the potential to impact your work and the life of your family. 

If you lose your license, it also makes your life more challenging as you require expensive rideshare or public transportation to get around. With decades of experience, our DWI defense firm knows how to pursue the best possible outcome of your case. 

When you need representation, contact a DWI defense lawyer Houston trusts. 

Making the Roads More Dangerous for Yourself and Others

Even a single alcoholic drink has an impact on your perception and response time behind the wheel. When you want to avoid DWI in Houston, it’s best to have a designated driver or avoid drinking for the night. In doing so, you keep everyone in your vehicle safe. 

Moreover, you set a better example for passengers, especially with children around. If you drink and don’t have a ride, it’s better to use a rideshare service or call a cab. No matter what, your best option is to avoid putting yourself and others at risk.

Reasons to avoid DWI in Houston: Unnecessary Risks 

Oftentimes, drivers underestimate the risk of drunk driving. Additionally, they tend to overestimate their capabilities. Over the years, you’ve probably met someone who claims to drive better when they’re drunk. 

That simply isn’t true. When you drive while intoxicated, the alcohol has a direct impact on your ability. While the impact varies from person to person, there are a few common examples we all know about intoxication.

• Poor Judgment. Even a small level of alcohol impacts your decision-making abilities. Moreover, it tends to encourage impulsive behavior that is dangerous behind the wheel. 
• Reduced Response Time. When you avoid DWI in Houston, you avoid an impact to your hand-eye coordination that makes it harder for you to process a situation and respond to it. 
• Visual Issues. Alcohol has the potential to alter your perception. This makes it more difficult to monitor your blind spots and spot hazards on the road. 

While you may feel that you can drive safely while drunk, it doesn’t mean the alcohol has no effect on you. Avoid unnecessary risk and stay off the road. 

Personal Consequences

Drunk driving puts you at risk. However, it also puts everyone else at risk as well. When you cause an accident, you could cause serious harm to yourself and others. 

Moreover, drunk driving accidents tend to result in significant medical expenses as well as long-term rehabilitation for injuries. 

When you avoid DWI in Houston, you avoid the following. 

• Employment Issues. With a DWI on your criminal record, you hurt your chances of finding a new job. If you have a job, you even put yourself at risk of losing it. Too often, presence in court requires people to miss work, which reflects poorly on them. 
• Financial Issues. After a DWI accident, insurance providers might deny claims. Additionally, it often makes you liable for the damage you cause to other drivers. Typically, this results in severe legal and financial consequences. 
• Health Issues. Alcohol leads to short-term intoxication, of course. However, it also has the potential to lead to long-term health problems, such as liver disease or kidney disease. Moreover, dependence can cause depression or anxiety. 

If You Don’t Avoid DWI in Houston, You Need a Houston DWI Lawyer

There’s never a good reason to risk the consequences of a DWI in Houston. Even when you avoid accidents, an arrest has dire consequences. From your career prospects to your personal relationships, a DWI conviction changes your life. 

If you face DWI charges, you need a Houston DWI defense lawyer to help you explore your options. At The Martinez Law Firm, we have decades of experience helping Houstonians protect their futures. With our legal team, you have advocates who always work to attain the best results possible in your case. 

When you face a DWI charge, it’s important to act fast. Schedule a free consultation with our team. Call us today!

No Refusal Weekend: What Texas Drivers Need to Know

A “no refusal” weekend sounds strange, right? Normally, you have the right to refuse a test when pulled over for a DWI. With our Houston DWI lawyer, we take a closer look at these “no refusal” weekends. 

What Is a “No Refusal” Weekend in Texas?

Unfortunately, Texas has one of the highest death rates in drunk driving accidents across the US. While drunk driving occurs throughout the year, some holidays and events cause upticks in how many inebriated drivers we see on the road. In those times, Texas holds “no refusal” periods. 

Oftentimes, people hear about these no-refusal periods from signs on the road, news stories, and radio announcements. That’s the first aspect of the tactic. Law enforcement wants to discourage drivers from driving drunk in high-risk times. 

When it works, it reduces the number of DWI accidents. While “no refusal” causes many drivers to the conclusion they have to comply with tests, the reality is that officers do not need a warrant to obtain a sample. 

If you face DWI charges, it is essential to contact a Houston DWI lawyer to discuss your options. 

When Does Texas Hold No Refusal Weekends?

Typically, a no refusal weekend falls around holidays and events we associate with increased alcohol consumption. 

• Memorial Day 
• Independence Day/Fourth of July
• Labor Day 
• Halloween 
• Thanksgiving 
• The period around Christmas through New Year’s Eve

Outside of holidays, high-profile events often trigger these weekends. For instance, the Super Bowl often causes an uptick in drunk driving. 

No matter the time of year, a DWI is a serious offense. Because they endanger the driver and others, Texas takes them very seriously. While it’s never a good idea to drive while intoxicated, it’s especially bad during these weekends. 

In addition to protecting yourself from DWI charges, you protect everyone else on the road. 

Implied Consent: How Does It Work?

When it comes to driving while intoxicated, Texas works under implied consent. This is how many states operate, in fact. Because driving is a privilege, the law states that anyone on Texas roads consents to reasonable requests for BAC or field sobriety tests. 

Still, you have the legal right to refuse a breathalyzer test. When you do, it requires that the officer request a warrant to issue a BAC or drug test. In order to obtain a warrant, the officer needs evidence. 

This evidence needs to show reasonable suspicion that the driver committed a DWI crime. Often, this includes a description of the driver’s behavior in initial interactions. Due to this, sober drivers have little reason not to comply.  

When an officer obtains a warrant, the law requires that you comply with the request. At this point, refusal results in license suspension and fines. This is in addition to any punitive measures if the DWI sticks. 

How Does a No Refusal Weekend Work?

Oftentimes, the phrase “no refusal weekend” misleads people. Generally speaking, people believe they no longer have the right to refuse a test. However, this is not the case. 

Simply put, this allows officers to take steps to reduce the number of legal refusals for BAC tests. While it’s not illegal to refuse a test, they speed up the process. During these weekends, law enforcement agencies offer more resources to process DWIs. 

Additionally, they tend to put more officers on the road and keep a magistrate available to review and approve search warrants. Lastly, they also keep more blood-draw nurses on hand to speed up the testing process. 

The Intent Behind These Weekends

The intent behind a no refusal weekend is two-fold. First, it discourages people from drunk driving. Secondly, it equips law enforcement with more tools to handle more drunk drivers.  

With a warrant, police officers have the option to escort drivers to the department for additional tests. In certain cases, they even test blood on site. These results are evidence in your DWI case. 

However, without consent or a warrant, a BAC test is seen as a violation of the Fourth Amendment. When police subject you to such a test, reach out to a Houston DWI lawyer. In doing so, you have an advocate to protect your rights. 

Work with a Criminal Defense Attorney in Houston

When you consume alcohol, carefully weigh your decision to drive. That’s truly the best way to avoid DWI convictions, especially during a no refusal weekend. If an officer stops you in this period, remember, you still have the option to refuse a test. 

If you face DWI charges in Texas, it is essential to consult an experienced DWI attorney. As a Houston criminal defense attorney, Herman Martinez helps people protect their rights and their futures. 

With decades of experience in the criminal justice system, he has the experience and expertise you need. Schedule a consultation with The Martinez Law Firm today. 

How Police Investigate DWI Cases

Wondering how police investigate DWI cases? If an officer pulls you over and charges you with a DWI, you might wonder why. What happened to make them think you were drunk driving? How do they determine a driving while intoxicated (DWI) charge?

Across the country, local jurisdictions make DWI arrests a high priority. They want the roads to feel safe and enforce these laws as written. Still, while laws vary from state to state, the procedures tend to stay the same. This carries across identifying, investigating, and arresting drunk drivers. 

How do police officers investigate DWIs, though? Let’s take a look. 

The NHTSA Guide for How Police Investigate DWIs

The National Highway Traffic Safety Administration (NHTSA) has policies, standards, and guidelines for DWI investigations. Moreover, they provide both training and instruction materials to law enforcement agencies across the nation. 

Per the DWI Detection and Standardized Field Sobriety Test Manual, an officer follows three phases as they investigate a drunk driving case. 

The First Phase: Vehicle in Motion

Oftentimes, officers initiate this phase when they observe a driver make a clear traffic violation. Per police training, the infraction varies. From swerving over lane dividers to excessive speeding (or slow driving), there are a variety of reasons for police to pull someone over. 

For instance, a police officer observes someone stop abruptly at a stop sign. When they deem this as strange behavior, they might follow a vehicle. Still, to constitute probable cause, they need more reason to pull someone over. 

The Second Phase: Contact

In phase two, the officer makes contact with the driver. This adheres to the guidelines for any traffic stop. Typically, officer training sees them ask for the required documentation. This includes your driver’s license and insurance information. 

Then, they begin a soft interview. For example, they might ask about prior locations or activities. In doing so, they also observe your speech and behavior for signs of impairment. 

• Slurred speech 
• Bloodshot eyes 
• Smell of alcohol 
• Presence of alcohol (open containers)

When their observations lead them to believe there’s a DWI, they move into phase three. As you can see already, there are procedures and requirements in place for how police investigate DWI cases. 

Related Reading: DWI Traffic Stops: What Are My Rights?

The Third Phase: Pre-Arrest Screening

In phase three of their DWI investigation, the officer typically administers a standard field sobriety test. These tests include the following. 

• Horizontal Gaze Nystagmus 
• One Leg Stand 
• Walk and Turn

In the horizontal gaze test, the officer looks for certain eye twitches as you watch something. This is an example of how they identify impairment further. When the officer puts together a certain amount of evidence, the guide suggests they now have probable cause. 

How police investigate DWI cases for an arrest is very important. When you engage a DWI defense attorney, they look through the procedures followed and evidence gathered for legitimacy. 

After a DWI Arrest: How Police Investigate DWIs Matters

When they arrest you for drunk driving, how police investigate DWI in your case becomes essential information. If law enforcement officers accuse you of a DWI, it’s important to act quickly. Engage a DWI lawyer as soon as possible. 

When you act quickly, you have the opportunity to save your driver’s license and protect your future. Your attorney investigates the circumstances of your arrest to find weaknesses in their case against you. From there, they pursue the best possible outcome in your case. 

When you need an advocate on your side, contact a trusted lawyer to fight for your future. 

How to Contest DWI Charges: A Quick Guide

When you want to contest DWI charges, your best bet is to find a Houston DWI lawyer. With an experienced attorney, you have an advocate on your side. Your legal team guides you through the process and offers insight into your case. Schedule a free consultation with a DWI defense team today. 

A driving while intoxicated (DWI) charge is generally a misdemeanor for the first offense in Texas. However, these consequences are more severe than other misdemeanor charges. In many cases, a conviction comes with jail time, fines, administrative fees, and a suspension of your driver’s license. 

Contesting DWI Charges

In order to avoid the harsh penalties of these charges, this short guide offers advice to contest DWI charges. It requires an adequate defense and extensive knowledge of DWI laws and processes. That’s why a DWI lawyer is a great option to avoid these charges. 

Whether you represent yourself or work with an attorney, it’s good to have an understanding of your situation. Below, we offer some helpful hints to build a defense against DWI charges. 

Record the Details

Take note of as many details as possible. Write down everything you remember about being pulled over for the alleged DWI. Here are a few examples to consider. 

• Statements you made 
• What the officer said 
• The tests they requested 
• How the officer conducted the tests 
• Your performance in the tests 
• Additional details you remember 

When you work with an attorney, they have access to the report and investigation. However, at your free consultation, these details help them understand your case. Moreover, it offers a chance to explore the details and identify weak points. All this helps your attorney establish a defense. 

Research Field Sobriety Tests

It’s important to understand the validity of these field sobriety tests. Oftentimes, the tests police officers utilize in DWI charges are inaccurate. This offers an opportunity to contest DWI charges in court. 

With broad experience in field sobriety tests, a DWI attorney like Herman Martinez is a great asset to your case. The experience and expertise of the right lawyer offer a great deal of insight into the validity of these tests. 

Did Extenuating Circumstances Influence the Sobriety Test?

From injuries to medical conditions, an array of circumstances influence the outcome of field sobriety tests. Not everyone has perfect coordination. As such, anyone has the potential to fail certain tests even when completely sober. 

Improper Administration of Tests

When an officer does not conduct a field sobriety test properly, it’s not always valid evidence. With the right DWI defense attorney, you have someone to examine the circumstances of any test you submit to. If there’s improper administration, the court may exclude it as evidence. 

Non-Standardized Field Sobriety Tests

Some of the most well-known sobriety tests are invalid as evidence. This ranges from reciting the alphabet to touching your finger to your nose. 

Accuracy of BAC Tests

More specifically, breath tests do not always provide accurate information. In certain cases, BAC breath tests offer up inaccurate results with a wide margin of error. This margin of error leaves you room to contest DWI charges. 

Additionally, improper administration also has the potential to apply to these tests. 

Lack of Probably Cause

Why did the officer pull you over? Unless your negligence results in a drunk driving accident, the law requires the officer have probable cause to pull you over. 

Work with a DWI Lawyer to Contest DWI Charges

When you want to contest DWI charges, this guide is only a start. With this initial overview, you have an idea of what it takes to challenge these charges. However, a DWI lawyer is an essential aspect of protecting your rights and your future. 

When you work with an attorney, they review the specifics of your arrest. In doing so, they establish a foundation for your defense and build from there. Your legal team works for the best possible outcome in your case. From negotiations to lesser charges to dismissal, they find the best path forward. 

To learn more about contesting DWI charges, schedule a free consultation with a Houston DWI lawyer.