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Category Archives: DWI Attorney

Can Rising Blood Alcohol Be A Defense To A Texas DWI Charge

Can Rising Blood Alcohol Be A Defense To A Texas DWI Charge?

By Mark Diaz & Associates |

A blood or breath test showing an alcohol concentration above 0.08 does not always reflect your level at the time you were driving. Alcohol takes time to enter the bloodstream, so your blood alcohol concentration can keep rising even after you stop drinking. This timing matters in a Galveston County DWI case, especially if… Read More »

What Evidence Do Prosecutors Need To Prove Intent To Deliver Drugs

What Evidence Do Prosecutors Need To Prove Intent To Deliver Drugs?

By Mark Diaz & Associates |

Just being near illegal drugs does not mean someone planned to sell them. In Texas, though, prosecutors can bring more serious charges if they think the evidence points to drugs being held for distribution, not just personal use. They do not have to see a drug sale, find a buyer, or uncover a written… Read More »

Refusing A Breath Test In Galveston: Does It Help Or Hurt Your Defense

Refusing A Breath Test In Galveston: Does It Help Or Hurt Your Defense?

By Mark Diaz & Associates |

If you are asked to take a breath test during a DWI investigation, it can be a tough decision. You might worry that giving a sample will help the police build a case against you, but refusing can also bring its own legal issues. In Texas, saying no to a breath or blood test… Read More »

Can A Texas DWI Charge Be Dismissed Because Of An Illegal Traffic Stop

Can A Texas DWI Charge Be Dismissed Because Of An Illegal Traffic Stop?

By Mark Diaz & Associates |

A DWI investigation usually starts before an officer asks a driver to get out of the car. It begins when the officer turns on the emergency lights and pulls the car over. This step is important because police cannot stop someone just to check if they have been drinking. The Fourth Amendment of the… Read More »

When Does A DWI Become A Felony In Texas

When Does A DWI Become A Felony In Texas?

By Mark Diaz & Associates |

Getting arrested for DWI in Texas does not always mean you will face a misdemeanor charge. Some situations can quickly turn a DWI into a felony, and having previous DWI convictions can also raise a misdemeanor to a third-degree felony. This difference is important because felony charges can lead to time in state jail… Read More »

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Can A Texas DWI Charge Be Dismissed Because Of An Illegal Traffic Stop?

By Mark Diaz & Associates |

Getting arrested for Driving While Intoxicated can be overwhelming and confusing. Many people think an arrest means a conviction is certain, but that’s not the case. Every DWI case in Galveston County starts with the officer’s actions before the arrest, and those actions must follow both the United States Constitution and Texas law. If… Read More »

What Are The Penalties For A 2nd DWI In Galveston

What Are The Penalties For A 2nd DWI In Galveston?

By Mark Diaz & Associates |

A second DWI arrest in Galveston is much more serious than a first. Many people think a second arrest just means higher fines or a longer license suspension, but Texas law is much tougher on repeat DWI cases. Prosecutors and courts often see a second offense as a sign of a continuing alcohol problem…. Read More »

What Happens After A DWI Arrest In Galveston

What Happens After A DWI Arrest In Galveston?

By Mark Diaz & Associates |

Getting arrested for DWI in Galveston County is extremely stressful, especially if you have never been in trouble with the law before. Suddenly, you may be facing criminal charges, towing fees, court dates, driver’s license problems, and a lot of uncertainty. Many people think their DWI case will resolve itself, but that is rarely… Read More »

DWI With A Child Passenger In Galveston

DWI With A Child Passenger In Galveston

By Mark Diaz & Associates |

Getting arrested for DWI in Texas is always serious, but the stakes are even higher if a child is in the car. Many people don’t realize that driving while intoxicated with a child passenger is not just a more serious misdemeanor—it’s actually a felony. This means you could face jail time, large fines, a… Read More »

Public Intoxication Vs DWI in Texas

Public Intoxication Vs DWI: Key Differences

By Mark Diaz & Associates |

Being accused of being intoxicated in public is not the same as being accused of driving while intoxicated in Galveston. The two charges may sound similar because both involve alcohol, drugs, or some other intoxicating substance, but the legal elements are very different. A public intoxication case usually focuses on where the person was,… Read More »

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