JL Carpenter Law

In DWI cases , the officer will gather evidence in the form of video from the patrol vehicle dashcam and the officer’s bodycam, as well as chemical tests that measure blood alcohol content (BAC) levels in your breath and blood. Most people understand the flaws of roadside field sobriety tests and how they are “rigged” to make you look intoxicated when, in fact, you may be hindered from performing those physical tests by a medical condition or lack of physical coordination.   The chemical tests can be equally inaccurate considering the breath test (Intoxilyzer 9000) is not warranted for use as a breath testing device in DWI cases  and the blood test may be conducted with contaminated blood or a faulty sample. Lab errors occur all the time in DWI cases. Here are some issues you and your attorney should consider when it comes to BAC testing and lab results: 1. Breath-Testing Is Flawed Most DWI breath tests in Texas are conducted using the Intoxilyzer 9000, which has a number...

Bar fights on TV seem relatively harmless, but in reality, they can land you in jail—or worse. In this article, we’ll take a closer look at how quickly words can escalate into arguments and then into a bar fight. Bar fights can involve various criminal charges, depending on the situation. How can they affect your future and freedom? And what should you do if you find yourself facing charges as a result of participating a bar fight? 1. Assault If you get into a bar fight, you can get charged with assault. Under Texas law, a person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. 2. Aggravated Assault Under Texas law, aggravated assault occurs when a person causes serious physical harm to another intentionally or recklessly. If you brandish or use a deadly weapon—whether it’s a pool cue, beer stein, or chair—during a bar fight, your assault charges will be increased to aggravated assault.   Recommended Read: What’s the Difference B...

Driving while intoxicated (DWI) arrests are scary enough on their own, but if you have to spend the night in jail, you may feel even more nervous, anxious, and agitated. In some cases, things may take a turn for the worse when offenders have to share their jail cell with abusive inmates. Being assaulted in jail is common, making you feel you've been punished twice. The emotional and physical trauma takes a toll on offenders, especially if they've never been in jail before. In this article, we'll offer a closer look at what happens when a DWI offender is assaulted in jail following their arrest in Texas. Keep reading. 1. The Offender(s) Will Be Charged In late 2021, a man was arrested for DWI in Harris County. While in jail awaiting release, he was attacked by eight inmates with a broom head and handle, getting struck in his head multiple times. As he attempted to escape, the inmates poured boiling water on him. Each of the eight men was charged with aggravated assault. Jail...

A DWI charge  generally remains on your record forever, whether you are convicted or your case is dismissed. This can permanently affect your career, loan options, housing opportunities, insurance rates, etc. If your DWI charge was dismissed, you can have your record expunged, making it appear as though it never happened. However, in some cases, if you were convicted of DWI and completed probation, you can file a petition for an order of nondisclosure to get your DWI charge sealed . If the judge grants an order of nondisclosure, part of your criminal record is not removed, but it is sealed, preventing courts, court clerks, and law enforcement, and prosecutors’ offices from sharing any information about the sealed offense. The nondisclosure order allows you to omit the offense from most job applications. Here’s how to go about getting a nondisclosure order. 1. Contact a DWI Lawyer Many people make the mistake of filing a petition for an order of nondisclosure themselves. What’s wron...

According to research, there are a whopping 10 million arrests  every year. Some of these cases are dropped, but most of them are subject to standard criminal law procedures. If you’ve been arrested on any number of criminal charges including DWI , DUI, BWI , drug possession, domestic violence, or other crimes, you’ll be required to attend court hearings and post bail. However, some people who are facing criminal charges decide to “skip”—or “jump”—bail. Jumping bail is when you fail to appear in court to face charges after you post bail to get out of jail. The act in and of itself violates both state and federal laws and makes your legal situation so much worse. Here’s how. 1. You’ll Lose Your Bail Money When the court sets bail in certain cases, it gives offenders a “way out of jail” before trial. In essence, you’ll pay cash to keep yourself out of jail. If you skip bail, the judge will order that you forfeit your bond, which means monies posted for your jail release will be lost....

Were you recently charged with DWI? Your lawyer will look for critical evidence to build a strong defense as your case takes shape. While your situation may feel dire, keep in mind that law enforcement has been known to make pivotal mistakes that can potentially change your case’s trajectory. This article will walk you through three of the most common mistakes police officers make when arresting someone for DWI. An experienced DWI lawyer can discover these mistakes and help you protect your future and freedom. 1. Stopping You Without Any Probable Cause or Evidence This is one of the most common law enforcement mistakes that can help your DWI case. Officers cannot stop you without an articulable reason. If you’re stopped simply based on a “gut feeling” or “hunch,” the stop is deemed illegal. The officer’s report must state the reason for the stop—typically it ’ s a traffic violation. You may have a) been speeding, b) unlawfully changed lanes, c) failed to stop at a stop sign, d) been s...

DWI (driving while intoxicated)  and BWI (boating while intoxicated)  are pretty similar charges that hold the same punishment—only one is on land (DWI) and the other is on water (BWI). If you were recently arrested for both offenses, you might feel panicked about what kind of penalties you’re facing. We’re not going to lie—being charged twice within a short amount of time is not good. But with a tenacious lawyer who offers stellar representation on your side, you stand a better chance of protecting your future and freedom. This article will help you understand what happens if you’re arrested for both DWI and BWI in the same week in Texas. First-Offense DWI or BWI Penalties If you committed both crimes, you will receive punishments for both. In Texas, first-offense DWI is classified as a Class B misdemeanor punishable by up to $2,000 in fines and 72 hours to 180 days in jail. You will also lose your driver’s license for up to a year. Second-Offense DWI or BWI Penalties The fin...