DWI Offenses

DRIVING WHILE INTOXICATED WITH A CHILD PASSENGER
The penalty for Driving While Intoxicated is increased to a state jail felony if the driver has a passenger in the vehicle younger than 15 years of age.

BOATING UNDER THE INFLUENCE BY A MINOR
It is now a crime for a minor to operate a watercraft while having any detectable amount of alcohol in the minor’s system.

DWI BREATH AND BLOOD TESTS

Law enforcement is allowed to collect a blood specimen from a driver in any DWI when the driver refuses to submit to a breath or blood alcohol test and the officer obtains a search warrant from a judge to take blood. The police also have the authority to take blood without a warrant if you are arrested for DWI, you refuse to voluntarily take a breath or blood test, you caused an accident, and any individual died or suffered serious bodily injury.

Senate Bill 338 expands that authority by allowing the police to forcibly take blood without a warrant when a person other than the driver suffers bodily injury (which includes just a complaint of pain) as a direct result of an accident and the injured person has been transported to a hospital or medical facility for medical treatment.
Law Enforcement shall also forcibly take blood in a DWI without a search warrant if:

• There is a child under the age of 15 in the car;
• The driver has a prior conviction for DWI with a child passenger;
• The driver has a prior conviction for Intoxication Assault or Intoxication Manslaughter; or
• The driver has two or more prior convictions for DWI, Flying While Intoxicated, Boating While Intoxicated, or Operating an Amusement Ride While Intoxicated.

The new law also requires the Police to obtain a sample of your blood on any felony DWI or Boating While Intoxicated arrest.
Note: Throughout Texas the police have instituted what they call “No Refusal Weekends.” During these weekends, if a driver refuses a breath test, the police will obtain a warrant to take blood without consent. This applies even to first time DWI drivers.

KNOW YOUR RIGHTS: If the police take your breath or blood, the law allows you to request to have a physician or nurse take an additional specimen of your blood for later testing. Make sure the request is made on video or in writing and do not sign anything unless your request and the time it was made is recorded. The police are supposed to allow you a reasonable opportunity to contact such individual for the independent test.

No Cell Phone Use in School Zone

It is now a Class C misdemeanor to use a wireless communication device within a “school crossing zone” unless the vehicle is stopped or the wireless communication device is used with a hands-free device. The bill also prohibits a school bus operator from using a wireless communication device under any circumstance unless the vehicle is stopped.
“School crossing zone” means a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies.

Child Safety Seats

When traveling in a passenger vehicle, the law used to be that children younger than 5 and less than 36 inches in height had to be in a in a car seat. The law has been amended to require car seats for any child younger than 8, unless the child is taller than four feet, nine inches. Violation of this law will cause the driver to be fined not more than $25 for the first offense and not more than $250 for a second or subsequent offense
“Child passenger safety seat system” means an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration.

Deferrals for Veterans

We will have to keep an eye on this one: Senate Bill 1940 provides the commissioners court the authority to establish a veterans deferred prosecution program whereby if a veteran successfully completes a veterans court program, the court shall dismiss the case.

Seal Your Deferred Adjudication

Under the right circumstances, after you complete your deferred adjudication probation you can ask the court for an order of non-disclosure. The order allows you to legally deny the occurrence of the arrest and prosecution. The arrest records are sealed and you need not disclose your arrest record to prospective employers, landlords, or anyone else that may ask about the arrest record.
You can request the non-disclosure order immediately after discharging from most misdemeanor deferred adjudications. On felony offenses, the order can be requested 5 years after discharge. You are not eligible if you have a conviction for any other offenses after the discharge of the case.
Many job applications and licensing applications ask whether or not you have been convicted of a crime. The Legislature just passed House Bill 2808 which prohibits a licensing authority from considering a person to have been convicted of an offense if the person successfully completed deferred adjudication. However, this provision does not apply if the person is an applicant for or the holder of a license that authorizes the person to provide law enforcement or public heath, education, or safety services.

Expunctions

Governor Rick Perry vetoed a law that would have eliminated the waiting period to seek an expunction. An expunction legally allows you to deny ever having been arrested. An order of expunction requires all state agencies to remove and destroy any record of the arrest. Among other things, a criminal arrest record can cause employment problems, an inability to find a place to live, and make getting a loan more difficult.

An expunction gives you the legal right to deny the arrest on job applications, legal documents, and even swear under oath that you have never been arrested. Getting and keeping a job these days is challenging. Going to a job interview with an arrest on your record can make you feel nervous. You can do something about all that by seeking an expunction of your dismissed criminal cases.

Here is some good news: The new law waives the expunction fees for acquittals. If you were found Not Guilty of a felony or misdemeanor there is no filing fee as long as you file your petition within 30 days.