Hoelscher Gebbia, PLLC
Call
210-570-9902 | 866-608-9939
Se Habla EspaƱol
For Criminal Defense Or Family Law Representation

San Antonio Legal Blog

Breath test results can be filled with inaccuracy

If you find yourself stopped by a police officer who suspects you have been drinking and driving, you may worry about how this situation will go. You may know that under Texas implied consent law that you could face penalties in the event that an officer requests a breath test and you decline to take the test. However, you may worry how information from a breath test may be used against you later.

Because breath tests do not have a reputation for accuracy, especially hand-held models, you may fear that the results of your test may indicate a blood alcohol content level over the legal limit even if you have not consumed much or any alcohol. In reality, this type of outcome could take place as many factors could impact the results of such tests.

What are Texas cops looking for in field sobriety tests?

Remember when you were in school and your teacher would "surprise" the class with pop quizzes? Field sobriety tests can be like that, except failing the test could mean some time in jail.

Make no mistake: you have a right to refuse Standardized Field Sobriety Tests (SFSTs) if a police officer stops you in Texas. Cops use SFSTs to determine if there is probable cause to arrest you, and these tests are used primarily to create or obtain evidence against drivers. Field sobriety tests are also subjective, meaning the officer's perception of whether you're sober or not factors largely in whether or not you'll be arrested.

Stakes are higher for drug trafficking and distribution charges

If you run into trouble with the law in Texas (or anywhere) one of your first thoughts might be whether you'll wind up in jail. You're likely already aware that something like a minor traffic offense is a much smaller matter than facing drug crime charges in court. The latter is a broad category that may include simple marijuana possession charges or something a lot more serious, such as distributing or trafficking a controlled substance.

If police arrest you for trafficking or distribution of illegal drugs, your life may never be the same. One thing is certain: your immediate future will undoubtedly consist of official hearings and appointments, all of which will impact your future. Even if it's not the first time you've navigated the criminal justice system, it can be difficult to predict the ultimate outcome of a particular situation, even if the charges mirror a prior offense. However, you can mount the strongest possible defense against the charges against you. In some cases, even serious charges like trafficking and distribution or dropped due to any number of mistakes on the part of law enforcement.

3 impacts a DWI conviction could have on your life

Finding yourself in an unexpected and unpleasant situation can give rise to some difficult decision-making. For example, if you're charged with driving under the influence of alcohol, you probably find yourself wondering whether your life will ever be the same.

Unfortunately, a DWI arrest can have many long-term consequences, especially if you're convicted. But before you start dwelling on the worst-case scenarios, remember that you do have the right to defensd against the charge. Here are some good reasons to work with a lawyer who can mount the strongest possible defense on your behalf.

Evidence suggests marijuana may be beneficial to your health

If you grew up in the 1960s or 1970s, you probably witnessed, read about or perhaps tried marijuana smoking at some point in your life. The whole Woodstock atmosphere carried over into a generation-wide acceptance of recreational use of marijuana. The only problem was that at that time, it was illegal in all 50 states. Nowadays, that's not the case; in fact, the number of states passing laws about legal marijuana use continues to increase throughout the nation.

You may be one of many people in Texas who believes there are potential advantages associated with appropriate use of marijuana. However, the federal government maintains legal control over the issue, and growing, selling, buying or using marijuana remains illegal at the federal level, and Texas law is also harsh on marijuana. It's definitely an era when knowing your rights and where to seek legal support ahead of time can help you avoid serious problems.

Facing fraud charges? Don't wait. Develop a defense strategy now.

Fraud charges are typically complex, and not everyone suspected of fraud is guilty. In fact, some particularly risky business practices may be simply that -- risky -- but that does not necessarily mean that those practices rise to the level of fraud.

Make no mistake, though: if you have been charged with fraud in Texas, or if you believe you are under investigation, you need to seek experienced legal representation as soon as possible. On the state and federal levels, fraud charges are aggressively prosecuted, and the potential penalties upon conviction are severe.

Local jurisdictions in Texas have discretion with low-level marijuana charges

The 2017 legislative session in Texas was primed for meaningful marijuana reform, with lawmakers on both sides of the political spectrum coming together in support of decriminalization. But reform was not to be achieved this time around -- not on the state level -- as legislators ended up focusing on other things like "bathroom bills" and "sanctuary cities."

Texas state law is still extremely harsh on marijuana offenses, although local jurisdictions do have some discretion not to punish people as severely as the law allows.

Can a marijuana charge jeopardize my financial aid?

Experimentation is part of college. You are learning exciting ideas, making lifelong friends and trying new things in a way you have never had the freedom to do before. It is not uncommon for college students to try marijuana for the first time during this period. What you may not know, however, is that a conviction for marijuana possession can have serious consequences in the state of Texas.

In fact, a drug conviction can jeopardize your eligibility for federal financial aid. This is true even of a simple possession charge, so you should understand what to do if you happen to get arrested.

Understanding your right to refuse DWI testing

If an officer pulls you over and asks you to take a breath test, you may face a DWI charge. To some, the choice to refuse to take the test may seem simple. However, there are a few things you should know about the process.

DWI is a serious charge in Texas -- one that can come with heavy ramifications well after you go through the court proceedings. For this reason, it is critical that you be aware of your rights every step of the way.

DWI penalties are stiff for underage Texas drivers

Texas supports a Zero Tolerance Law for minor drivers. The blood alcohol concentration level, or BAC, is used to test whether a motorist is too inebriated. If you are under the age of 21, you are not allowed to operate a vehicle if you have any level of drugs or alcohol in your system. This means that if you intend to drive, you must abstain from having a beer at the fraternity party or using one of the smart drugs like Adderall or Ritalin, which are so easy to obtain on college campuses today. If you indulge, you risk a citation for driving while intoxicated.

Our Clients Are Our Top Priority

Call 210-570-9902 | 866-608-9939

Lawyer.com Verified Best SA Scene 2015 Best SA Scene 2014 Best SA Scene 2012 Texas Bar College Client Distinction Award Expertise

Hoelscher Gebbia Cepeda, PLLC
3030 Nacogdoches, Suite 222G
San Antonio, TX 78217

Toll Free: 866-608-9939
Toll Free: 866-608-9939
Phone: 210-570-9902
Phone: 210-570-9902
Fax: 888-519-8229
San Antonio Law Office Map

Put Our Experience And Resources On Your Side

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy