Austin DWI Attorney Blog

UT Football player Marcus Davis arrested for DWI

2009-12-04T17:51:57Z

Freshman Marcus Davis of the University of Texas Longhorns, has been suspended indefinitely from the football team following his DWI arrest. Davis was stopped by Pearland Police Department after he was seen driving on a flat tire.

Davis was arrested after suspicion of drunk driving and later released after posting bond.

Davis was a defensive back for the Longhorns, before being suspended by Head Football Coach Mack Brown pending completion of the legal process.

27 people arrested for DWI in Austin on eve of Labor Day weekend

2009-09-10T19:22:48Z

Over an eight hour period on the Friday night of the Labor Day weekend, the Austin Police Department (APD) arrested 27 motorists for driving while intoxicated. The anti-drunk driving initiative included implementation of a 'no refusal' policy where a warrant is secured for a blood sample if a driver suspected of intoxication refuses to submit to a breath test.

The crackdown in Austin utilized 14 officers that are part of the APD DWI Enforcement Team. The special patrols, as well as any other officers on duty, were allowed to bring suspects to a blood alcohol test command center that had been set up at the intersection of Barton Springs Road and South First Street. Once at the remote station, a warrant was secured and a preliminary blood sample was taken to test for intoxication.

The initiative was conducted between 9:00 pm Friday and 5:00 am Saturday. Of the 27 arrests for DWI in Austin, 9 involved warrants for a blood draw, 5 motorists consented to a blood draw and 12 submitted to a breath test. The final arrest involved a mandatory blood draw taken under a new statewide DWI felony law that calls for warrantless blood testing if the suspect caused an accident with injury, has a minor in the vehicle or has two prior drunk driving convictions.

It was the sixth time that the APD has used the 'no refusal' plan since last Halloween.

Austin Police put new Texas DWI Law into practice

2009-09-08T19:17:54Z

APD can now secure a blood draw in some cases of DWI without first getting a warrant as of September 1, 2009.

During the past session of the Texas State Legislature an obscure bill was passed and signed by Gov. Perry that authorizes law enforcement to draw blood in certain cases of suspected drunk driving in Texas. Previously, a warrant was required before a blood sample could be taken. Under the new Texas DWI law, however, the blood sample can be demanded of motorists suspected of driving while intoxicated if there was a child in the vehicle, the suspect has any prior DWI convictions or there was an accident. No warrant is required. APD put the new law to use just moments after it went into effect on September 1. Following an accident at the intersection of William Cannon and Brodie Lane in Southwest Austin, officers placed the driver in custody and automatically took a blood sample to test his blood alcohol content. In addition to being involved in an accident, the driver had an 11-year old boy in the vehicle. The fact that a blood sample was taken does not mean the driver was intoxicated or that charges of DWI were filed. The new law gives law enforcement the ability to gather evidence when intoxication is suspected.

"No Refusal" DWI initiative planned for Labor Day Weekend

2009-09-05T19:11:47Z

Austin police Department will require blood draws in all suspected DWI traffic stops that refuse to take a breath test.

The Austin Police Department has announced that it will schedule another 'no refusal' weekend over the Labor Day holiday. The controversial initiative calls for requiring a blood sample from all those suspected of driving while intoxicated in Austin.

A recent change in Texas DWI law allows law enforcement to demand a blood sample without first seeking a warrant, though it only applies to situations were intoxication is suspected and the motorist caused an accident, has a child in the vehicle or has prior DWI convictions. The 'no refusal' plan used by the APD is different on two fronts. First, if a motorist refuses to submit to a breath test to check blood alcohol content, the officer seeks a warrant for a blood sample. The motorist is then taken to a facility where blood is drawn, even if the suspect contests the action. Secondly, every motorist stopped for suspicion of drunk driving in Austin during a no refusal weekend is subject to having his/her blood drawn.

]]> The forced blood draws have been contested as violating a person's constitutional rights to protection from search and seizure and protection from self incrimination. Texas law defines situations where blood draws in suspected cases of drunk driving are permissible. There are also has strict guidelines as to whom and where a blood sample can be taken, and not every municipality has the correct staff or environment. Austin DWI defense lawyer Paul Dunham says the major concern is the potential contamination of evidence to be used in a criminal case.

Austin Police started the 'no refusal' initiative during Halloween 2008. They have conducted the initiative on major holiday weekends, including the Fourth of July and St. Patrick's Day.

Austin DWI attorney anticipates increased holiday law enforcement patrols

2009-09-04T23:03:49Z

The Labor Day weekend is the last significant recreational holiday of the season. Celebrating the warm weather over a three day weekend often includes barbecues, parties, boating activities, sporting events - and alcohol. Law enforcement agencies know this and typically increase highway safety and anti-drunk driving efforts over the holiday.

It has been announced that a Department of Public Safety campaign titled 'Drink. Drive. Go to Jail' will be putting all available troopers on duty looking for traffic violations and suspected drunk driving. Many county sheriff's offices and local police departments have also put into place plans to crack down on driving while intoxicated in Texas. Austin police will be implementing another 'no refusal' initiative where they will seek a warrant for a blood sample in order to check the blood-alcohol content of those who refuse to submit to a breath test. Saturation patrols will target areas that statistically have high incidents of drunk driving in Texas. Lake and river patrols will target those boating while intoxicated.

During similar efforts over the 2008 Labor Day weekend, the DPS alone arrested 623 motorists for DWI in Texas. They also issued more than 10,000 speeding tickets and approximately 2,500 citations for seat belt violations.

A conviction for a DWI in Texas could result in jail sentence up to six months, a $2000 fine, significantly higher auto insurance rates and a permanent mark on a person's driving and criminal records. In a separate action, the DPS will seek to suspend a motorist's driver's license after an arrest for DWI and then impose a $1000 surcharge each year for three years for the privilege of renewing a license.

Whereas drunk driving is never condoned, there are several things to consider when drinking responsibly this weekend. First, have a plan to get home and designate a safe driver if there is even the remote possibility of consuming too much alcohol. If stopped for suspicion of driving under the influence, remember that you still have legal rights. You can refuse a breath or blood test, you have the right to remain silent and you can request the presence of an attorney. It must be noted that law enforcement officers have initiated arrests for DWI based on the mere presence of alcohol. You can register blood-alcohol content below the legal limit of .08% and still be arrested for suspicion of impairment. Finally, for all of the good intentions of law enforcement to keep the roadways safe, sometimes mistakes are made. Poor balance could be construed as inebriation during a field sobriety test. Breath tests may not be properly administered according to strict guidelines or the equipment may not be properly calibrated. An experienced DWI attorney in Texas will understand how to build the best defense for the specifics of your case.

Act responsibly during the Labor Day weekend, but if arrested for suspicion of DWI, immediately contact a qualified and experienced drunk driving defense attorney to ensure your rights are protected and that you receive the best possible outcome.

Man charged with drunk driving after hitting 3 bicyclists in Alabama

2009-08-31T22:15:08Z

Bradford Barron Maples has been charged with driving drunk after hitting three bicyclists. Maples, 28, hit the cyclists around 8:30 Saturday morning. He was arrested and booked for drunk driving at the Baldwin County Corrections Center, though additional charges may be filed later. His bail was set at $1000.

According to Alabama State troopers, the two of the victims were taken by ambulance to a local hospital. The third was flown by helicopter to nearby Mobile. None of the injuries appeared to be life threatening.

Currently Austin City Council is discussing an ordinance that would mandate drivers give cyclists a three foot buffer when passing them to avoid accidents like these. Though in this case the driver was arrested for driving while intoxicated, many cyclists here in the Austin area complain that they risk their life when they ride their bikes at any time.

Austin Texas Nightclub Re-Opens After 16 Months

2009-08-31T20:05:09Z

A Central Austin club with a tumultuous reputation has reopened after being closed for sixteen months. The Dallas Nightclub on Burnet Road was closed voluntarily following complaints from the Texas Alcoholic Beverage Commission, the Austin Police Department and the neighborhood. The club previously offered 69 cent beers and was accused of over-serving intoxicated patrons. Dallas Nightclub was consistently cited as one of the top places where motorists arrested for driving while intoxicated in Austin were served their last drink.

The club has opened under new ownership, and they have stressed that changes have been made. There have been new staff hires and employees have undergone extensive training to identify intoxicated patrons and to help keep people from getting out of control. During the opening week, management has arranged for a $15 round trip shuttle between the club and two remote parking areas far north Austin to try to help patrons avoid getting arrested for DWI in Austin. The owners may extend the shuttle service if the reception is positive.

]]> At one point Dallas Nightclub was at the top of the list for "last place visited before getting arrested for DWI in Austin." So we tell our clients that it is very important to drink responsibly and to know that the police are waiting near many of these nightclubs to catch people driving drunk.

Two men were arrested for riding horses while intoxicated

2009-08-14T18:50:56Z

A Grand Jury dropped a case against two Tunnel Hill men who had been charged with drunk driving for riding horses while intoxicated. The jury 'no-billed' the case, stating that it is not against the law to ride a horse while drunk. According to drunk driving laws, charges of driving under the influence in Georgia are applicable to those operating a vehicle, and a vehicle is defined as a device. According to a District Attorney, a horse is not a device.

The Grand Jury's finding was not received well by the local police chief. He said that drunks riding horses endanger themselves and others, causing "a serious situation".

Walter Jones, Mighty Morphin' Power Ranger, was arrested last week for Drunk Driving

2009-08-02T13:23:43Z

Walter Jones, who played Black Ranger Zack Taylor on the television series Mighty Morphin' Power Rangers, was charged with drunk driving. Jones was stopped by State Troopers around 4:00 am Sunday morning. He was arrested without incident, booked on suspicion of drunk driving and released.

Jones, 38, was written out of the TV series during its second season, presumably over wage issues.

As a DWI attorney, I can see that the police aren't giving public officials and celebrities any special treatment when they are stopped and expected of drinking and driving.

Two Penn State Football Players Charged with Drunk Driving

2009-08-01T23:09:45Z

The Penn State football program has been rocked by two separate arrests of current team players for drunk driving.

Senior wide receiver James McDonald was charged with drunk driving July 9th and later dismissed from the team. The initial traffic stop was made at 2:30 am for having expired vehicle registration. McDonald reportedly registered a blood-alcohol content of .096%. The legal limit for intoxication in Pennsylvania is .08%. McDonald appeared 10 games last season. While he played sparingly in the past, his absence could be an issue this year as Penn State lost three multi-year starting wide receivers at the end of last season.

Another Nittany Lion, offensive lineman Ako Poti, was charged with drunk driving after being stopped by State College Police. He was charged with drunk driving with a high rate of alcohol, which according to local drunk driving laws means a blood-alcohol content between .10-.16%. Poti's status with the team has not been released. He is a fifth year senior who was recruited from a junior college in 2007 to add depth to the offensive line. Poti appeared in four games last year and was expected to be a reserve at tackle.

The University of Texas has had it's own DWI arrest in the athletic department this year when UT baseball coach Augie Garrido was recently arrested for DWI in Austin and later plead guilty.

KXAN News Anchor Charged with DWI in Austin Area

2009-07-21T14:44:10Z

Austin TV station weekend anchor wrecked his car before being arrested for drunk driving in Lakeway, Texas.

Lakeway Police charged a KXAN news reporter with driving while intoxicated after finding his car stuck in a drainage ditch. David Michael Torbi, who uses the name Davis Scott on the air, was uncooperative and swore at the police as they approached his vehicle. Police detected alcohol on his breath and found a mixed drink in an open container in his car.

According to the arrest report, Torbi admitted to having had too much to drink. He refused to submit to a field sobriety test and was booked on charges of misdemeanor DWI. The criminal defense lawyers at my law firm believe that under Texas law, a motorist suspected of driving while intoxicated has the right to avoid self-incrimination through breath, blood or urine evidence. This action does not void law enforcement's ability to seek an arrest based on additional information gained from a potential DWI investigation.

KXAN, the NBC affiliate in Austin, has not issued a statement. Instead, through its website has declined comment on "private, personal matters."

University of Texas Baseball Coach Sentenced to Jail for DWI in Austin

2009-07-18T14:46:59Z

Augie Garrido to spend 4 days in Travis County Jail for drunk driving arrest in Austin, Texas.

The University of Texas head baseball coach has been sentenced to four days in jail stemming from an arrest for DWI in Austin. Garrido had entered a guilty plea to driving while intoxicated earlier this year in February.

Garrido was stopped around 1:00 am on January 17th for driving without headlights. After performing a field sobriety test, he admitted to having consumed five glasses of wine and to being intoxicated. He was arrested and booked on charges of driving while intoxicated in Texas. Garrido issued a public apology for the arrest, calling his actions a "serious mistake". He was suspended by the UT athletic department for the first four baseball games of the 2009 season.

Garrido will receive two days credit for time served and Travis County jail officials will decide how the balance of the sentence will be carried out. Garrido was also fined $500 and his driver's license was suspended for 90 days. As an Austin DWI lawyer, some may question the extent of the penalties, especially with an admission of intoxication on the part of the defendant, they are in keeping with a first offense DWI. Coach Garrido received no special favors for his notoriety or stature in the community.

Prosecutors were seeking a five day jail sentence for Garrido but said they "understand and respect" the decision of Travis County Judge Elisabeth Earle.

Diana Taurasi Facing 3rd DUI Charge

2009-07-16T14:06:43Z

Diana Taurasi, star of the Phoenix Mercury women's basketball team, is now facing three drunk driving related charges stemming from her July 2nd arrest. Lab results show that her blood alcohol content was .17%, more than twice the legal limit for intoxication in Arizona. That qualifies as extreme DUI in Arizona.

Taurasi was stopped around 2:30 am for speeding and drifting outside of her traffic lane. She admitted to having had "a few" drinks at a club. She has entered a plea of not guilty to DUI, and is scheduled to appear in court again on July 22nd.

Friend of Mindy Montford charged with DWI in Austin, but not formally filed

2009-07-15T14:54:12Z

Previously I posted that former candidate for Travis County District Attorney, Mindy Montford was charged with public intoxication following an incident with Austin Police Department. After listening to music at a downtown club, Montford was in a vehicle driven by Noel Didear, a band member. Didear hit a pole in an alley and moved the car 10 feet. Police arriving at the scene elected to charge Didear with suspicion of driving while intoxicated in Texas, as well as leaving the scene of an accident for moving his vehicle.

Montford attempted to advise her friend of his rights though the officer ordered to her back to the car. She had been sitting in the car for 20 minutes when police said they were going to charge her and another passenger with public intoxication. The dashboard camera indicates that the officer did not perform any tests or investigate Montford for intoxication.

]]> A Travis County Judge initially refused to sign the arrest warrant against Didear for DWI, finding no probable cause. A second judge did sign an arrest warrant though no formal charges have been filed to date.

The charge against Montford has since been dropped, though she has filed a formal complaint against the arresting officer Darryl Fulbright, citing damage to her reputation. Her defense attorney has asked the city attorney to make an independent evaluation of the arrest. Austin Police Department has indicated it will conduct an investigation which could take up to six months.

Source: Charges Dropped Against Mindy Montford

DWI Charge for Howard Stern Sidekick Artie Lange

2009-07-14T13:42:36Z

Shock jock Howard Stern's sidekick Artie Lange was arrested Friday afternoon for suspicion of driving while intoxicated in New Jersey. Lange was involved in a minor auto accident in Toms River New Jersey. During an accident investigation, law enforcement officers elected to charge Lange with DWI.

Lange was one of the original cast members of the comedy television show MADtv. He replaced Jackie Martling on the Howard Stern Show, and has been known to talk about his challenges with drug abuse on the show. Many of his stories were compiled in his best-selling book 'Too Fat to Fish'.