Barnett Howard & Williams PLLC Announces the Recipients of the 2024 Scholarship Awards
BHW is thrilled to continue our two scholarships for 2024. In honor of the sacrifices of our military veterans, our scholarships are connected to military service. The first scholarship is a $500 award for a Military Veteran Law Student and the second scholarship is a $500 award for a Military Dependent undergraduate student. Throughout the year, we received many applications from very deserving students. We appreciate all of the students that took the time to apply for the scholarships and wish them all the best in their studies. For those students that were not selected, we invite you to apply again next year as we plan to continue the scholarship offers as an annual award.
2024 Winner - Military Veteran Law Student Scholarship
The winner of the 2024 Military Veteran Law Student Scholarship is:
DERRICK BRANTLEY
Derrick Brantley is a U.S. Army infantry veteran that served in both Iraq and Afghanistan. Mr. Brantley currently attends Dwayne O. Andreas School of Law - Barry University in Orlando, Florida. Congratulations Derrick Brantley. Best wishes as you continue toward your law degree.
2024 Winner - Military Dependent Scholarship
The winner of the 2024 Military Dependent Undergraduate Scholarship is:
SA'NYA POLO
Sa'Nya Polo is a US Army dependent whose parents both served in the US Army and continue to serve as government employees assisting veterans. Ms. Polo currently attends UCLA and is pursuing a degree in film. Congratulations Sa'Nya Polo. Best wishes as you continue in your studies.
More Information About Our Scholarship Opportunities:
For more information about how to apply for these scholarships in future years, please visit the scholarship pages:
How a Fort Worth DWI Attorney Can Save Your Future: Expert DWI Defense Lawyer Fort Worth Guidance
Facing a DWI charge in Fort Worth can be a daunting experience, with potential consequences that may impact your future significantly. Understanding the legal landscape surrounding DWI charges is crucial for anyone navigating this challenging situation. This article will explore how a Fort Worth DWI attorney from Howard Lotspeich Alexander & Williams, PLLC (HLAW) can provide essential guidance and representation, ensuring your rights are protected throughout the legal process. We will delve into the nature of DWI charges, the legal penalties involved, and the steps you should take after an arrest. Additionally, we will highlight the importance of seeking professional legal assistance from HLAW, a firm specializing in DWI defense.
What Are DWI Charges in Fort Worth and Texas?
DWI charges, or Driving While Intoxicated, are serious offenses in Texas that can lead to severe legal repercussions. A DWI is defined as operating a motor vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher. This legal threshold is established to ensure public safety and deter impaired driving. The implications of a DWI charge can be far-reaching, affecting not only your driving privileges but also your personal and professional life.
What Defines a DWI in Texas and Fort Worth?
In Texas, a DWI is characterized by the operation of a vehicle under the influence of alcohol or drugs. The law does not formally distinguish between DWI and DUI; rather, "DWI" is the term used for impaired driving offenses regardless of age. The term DUI is not commonly used in Texas law for adult impaired driving offenses. Understanding this is vital, as the penalties for a DWI conviction are generally severe and apply to all adults.
What Are the Legal Penalties for DWI Offenses in Texas?
The legal penalties for DWI offenses in Texas can vary based on several factors, including prior convictions and the circumstances surrounding the arrest. Common penalties include:
Penalty Type
Description
Duration
Fines
Up to $2,000 for a first offense
Varies
Jail Time
72 hours to 180 days for a first offense
Varies
License Suspension
90 days to 1 year
Varies
Community Service
24 to 100 hours
Varies
These penalties can have a lasting impact on your life, making it essential to seek legal representation to navigate the complexities of your case.
How Can a Fort Worth DWI Attorney Protect Your Rights?
A Fort Worth DWI attorney from Howard Lotspeich Alexander & Williams, PLLC (HLAW) plays a crucial role in protecting your rights and ensuring you receive a fair trial. They are equipped with the knowledge and experience necessary to challenge the evidence against you and explore potential defenses.
What Legal Defense Strategies Do Fort Worth DWI Lawyers Use?
DWI lawyers at HLAW employ various defense strategies to protect their clients. Some common approaches include:
Challenging the Traffic Stop: If the initial stop was unlawful, any evidence obtained may be inadmissible.
Questioning BAC Test Results: Issues with the administration of breath or blood tests can lead to inaccurate results.
Proving Lack of Impairment: Demonstrating that the driver was not impaired despite a high BAC reading can be a viable defense.
These strategies highlight the importance of having a knowledgeable attorney from HLAW who can navigate the legal system effectively.
Why Choose Howard Lotspeich Alexander & Williams, PLLC (HLAW) for Your DWI Defense?
Howard Lotspeich Alexander & Williams, PLLC (HLAW) specializes in legal defense services with a focus on DWI cases in Fort Worth, Texas. Our experienced attorneys understand the intricacies of DWI laws and are dedicated to providing personalized legal representation. By choosing HLAW, you gain access to a team that prioritizes your rights and works diligently to achieve the best possible outcome for your case.
What Steps Should You Take After a DWI Arrest in Fort Worth?
After a DWI arrest, it is crucial to take immediate action to protect your rights and future. Here are essential steps to consider:
Remain Silent: Avoid discussing your case with anyone except your attorney.
Document Everything: Keep detailed notes about the arrest and any interactions with law enforcement.
Contact a DWI Attorney: Schedule a consultation with a qualified DWI attorney at HLAW as soon as possible.
How to Schedule a Consultation with a Fort Worth DWI Attorney at HLAW?
Scheduling a consultation with a Fort Worth DWI attorney at Howard Lotspeich Alexander & Williams, PLLC (HLAW) is straightforward. You can typically reach out via phone or through our firm's website. During the consultation, be prepared to discuss the details of your case and any evidence that may be relevant.
What Immediate Actions Can Help Save Your Future After a DWI Charge?
Taking proactive steps after a DWI charge can significantly impact the outcome of your case. Consider the following actions:
Gather Evidence: Collect any relevant documents, such as police reports and witness statements.
Contact Witnesses: Reach out to individuals who may have witnessed the incident to gather their accounts.
Stay Informed: Educate yourself about DWI laws and potential defenses to better understand your situation.
These actions can help build a strong defense and improve your chances of a favorable outcome.
How Have Recent Texas DWI Law Updates Impacted Defense Strategies?
Recent updates to Texas DWI laws have introduced new considerations for defense strategies. Staying informed about these changes is essential for anyone facing DWI charges.
What Are the Key 2024-2026 Texas DWI Law Changes?
Key changes in Texas DWI laws from 2024 to 2026 include increased penalties for repeat offenders and enhanced enforcement measures. However, as of mid-2024, no specific new legislation with effective dates through 2026 has been enacted that significantly alters DWI penalties statewide. It is important to consult with a qualified attorney at HLAW to understand any local or pending legislative changes.
How Do These Updates Affect Your DWI Case in Fort Worth?
The recent law changes can impact your DWI case in Fort Worth. Understanding these updates allows your attorney at Howard Lotspeich Alexander & Williams, PLLC (HLAW) to tailor defense strategies that align with the current legal landscape, potentially improving your chances of a favorable outcome.
Which Parent Gets Custody? The Standard Possession Order for Child Custody in Texas
When parents in Texas divorce or separate, one of the most important issues they face is child custody. Texas law recognizes two types of custody: physical custody, which refers to where the child lives, and legal custody, which refers to the right to make decisions about the child's upbringing. In cases where parents cannot agree on custody arrangements, the court may order a standard possession order.
A standard possession order is a court-ordered schedule that determines when each parent will have physical custody of the child. The order is designed to provide regular and predictable time for both parents to spend with the child. In Texas, the standard possession order is governed by the Texas Family Code, and it provides a default schedule that can be modified by agreement of the parties or by the court if certain circumstances exist.
Under the standard possession order, for parents residing within 50 miles of each other, the non-custodial parent (referred to as the "possessory conservator" in Texas) has the right to possession of the child on the first, third, and fifth weekends of each month, starting at the time school is dismissed on Friday and ending at the time school resumes on Monday. In addition, the possessory conservator has the right to possession on mid-week during the school year from the time school is dismissed on Thursday until the time school resumes on Friday morning.
The standard possession order, for parents residing within 50 miles of each other, also provides for the possessory conservator to have the child for 30 days in the summer, which can be broken up into two periods of at least seven days each. The order also provides for the possessory conservator to have the child on alternating holidays, such as Thanksgiving, Christmas, and spring break. The exact dates and times for each holiday are specified in the order.
Does the SPO Apply if the Parents Live Too Far Away?
In cases where the parent lives more than 50 miles but less 100 miles apart, the non-custodial parent (referred to as the "possessory conservator" in Texas) has the right to possession of the child on the first, third, and fifth weekends of each month, starting at 6:00 pm on Friday and ending at 6:00 pm on Sunday. In addition, the possessory conservator has the right to possession on Thursdays during the school year from 6:00 pm to 8:00 pm.
In cases where the parents live more than 100 miles apart, the standard possession order provides for additional periods of possession to ensure that the non-custodial parent has meaningful time with the child. For example, the non-custodial parent may have the right to possession on one weekend per month instead of the first, third, and fifth weekends. You
should consult with your family law attorney to determine whether this distance consideration impacts your situation.
Can the Standard Possession Order be Modified?
It's worth noting that the standard possession order is just that - a default schedule that can be modified by agreement of the parties or by the court. Parents who are able to work together to create a schedule that works for their family may be able to deviate from the standard possession order. However, if the parties cannot agree, the court will likely order the standard possession order.
Overall, the standard possession order provides a predictable schedule for both parents to spend time with the child. While it may not work for every family, it is a useful starting point for parents who are unable to agree on a custody schedule.
Most of the time, it is best to contact an experienced family law attorney to help explain and establish each of these possession schedules, including any customizations or unique provisions the court finds to be in the best interest of your child. You are often not limited to the standard and expanded standard schedule above–but you may need an experienced attorney to fight for you to have more time with your child. Let our experienced family law attorneys assist you in discussing this schedule with the other parent and the court. Contact BHW Family Law at (817) 993-9249 for a free consultation of your family law matter.
We get this question all the time. People want to know if they can refuse the field sobriety tests when the police ask them to participate
Yes! You may legally refuse field sobriety tests in Texas (unless you are already on probation and it is a condition of your probation that you cannot refuse). This article explains why you should consider refusing the SFSTs.
Standardized Field Sobriety Tests Can Be the Best Evidence for the State in a DWI Trial
When a driver is stopped in Texas and the officer suspects that the driver may be intoxicated, the officer will typically run through a standard DWI roadside investigation. This investigation begins by simply observing the driver (bloodshot eyes, odor of alcohol, slurred speech) and asking some questions:
"Where are you coming from this evening?"
"Have you had anything to drink tonight?"
"How many is a couple?"
If the officer sees enough to warrant a further investigation, they will ask the driver to step out of the car.
"Let's Make Sure that You're Okay to Drive Tonight."
Once the driver steps out of the car, the officer’s body worn camera and dash camera are recording so that the footage can capture the interaction (to be used later at trial if needed). The officer will then explain that they are going to do some tests just to "make sure that you're okay to drive." Note: The officer WILL NOT NORMALLY ask permission to conduct the standardized field sobriety tasks. He will jump right in and hope that you just go along with it.
There are 3 standard tests that are explained in more detail on our DWI page.
The Standardized Field Sobriety Tests are Not Designed for You to Pass
The 3 standard tests are (1) the HGN test (Horizontal Gaze Nystagmus), which is the "eye test," (2) the Walk and Turn test (also known as the Walk the Line test), and (3) the One Leg Stand test. I don't have enough time to go into the many problems with the tests, but to list a few:
The Eye Test (HGN) – this test requires the officer to be precise with his stimulus device in the field and they often make mistakes in distance and degree. Further, even with updated body worn camera technology, the video rarely shows what the officer claims to observe in the eyes. So we are usually left with officer testimony alone (and juries generally do not trust the "eye test");
The Walk and Turn test – this test is difficult (even for completely sober people - try it yourself sometime) because it requires the person to take challenging heel to toe steps on an imaginary line in all conditions and officers never take into account the person’s stress level, the weather/wind conditions, footwear, fatigue from a long day, etc.; and
The One Leg Stand – this test is also difficult. It requires you to balance on one foot for 30 FULL seconds. TAKE NOTE - if the person puts their foot down at 27 seconds it is a strike against them and the officer will use this as evidence that they are indeed intoxicated.
Throughout the years, the tests have been debunked and challenged by experts as unreliable, but the courts are still allowing them as proof of intoxication (they are claimed to be used as evidence of the loss of mental or physical faculties). In short, these tests exist for the officer to build a case against you in court and we feel ultimately set you up to fail. So what benefit is there for a driver who is suspected of DWI to take the tests if they don’t have to?
You DO NOT Have to Submit to Standardized Field Sobriety Tests in Texas
Even though the officer might act as if you must take the tests, you don't. If he asks you to exit the vehicle then you must get out of the car. But as soon as he tries to start the HGN (eye test) on you, you can (and probably should) politely refuse to take the test. Take note of what I said...Politely Refuse. Do not be a jerk about it and go into a diatribe about how you read this blog and you know these tests are no good and that you refuse to do them. Remember this is all being captured on audio and video; audio and video that will be exhibit #1 at a trial if it goes that far. Simply inform the officer that you do not wish to participate in the standardized field sobriety tests.
Can I Still be Arrested if I Refuse to Perform the Field Sobriety Tests?
Yes you can (and probably will) be arrested if you refuse to perform the SFSTs. If the officer already felt like he had enough evidence to administer the tests, then he will probably go ahead and arrest you for DWI if you refuse to take them. But hey, you were probably going to get arrested anyway. Now, however, there will be less evidence against you. You have an absolute right not to give evidence against yourself. This constitutional right applies equally in the DWI context.
Should I Take the Tests if I Haven't Had that Much to Drink?
You are an adult, and only you know your own level of coordination, so it is really up to you. But our advice (from over 16 years of handling DWI cases) is NO. You should not perform the standardized field sobriety tests. Your DWI case becomes tougher to defend if you look intoxicated on the video. Even if you haven't had that much to drink, there are many reasons why you might appear intoxicated on the video. For instance, perhaps:
You are extremely nervous and have a high stress level from being pulled out of your car in the middle of the night by a police officer;
Your footwear is not ideal for walking and turning (high heels, flip flops, etc);
The wind is blowing hard;
It is cold outside and you are shivering;
You have an old injury that causes you to limp or not walk "normally"; or
You have bad balance (even on a good day).
Lastly, these tests are extremely technical. The instructions are long and tedious and can be very confusing for someone who has never attempted these tests before. Officers also like to compound this issue by providing you the instructions very aggressively and rapidly. The officer often sounds like the disclaimer at the end of a pharmaceutical commercial when they are reading you the instructions for the tests. Your failure to comply perfectly with these instructions can be used against you in court.
Next Time, Please Take an Uber
We hope you will listen to our advice regarding DWI field sobriety tests. Better yet, we hope that you'll just pay the $40 for an Uber or taxi from the bar or restaurant and avoid this altogether. But if you didn't take our advice and you didn't call and Uber, call us and we'll be happy to be your advocates.
*This article did not discuss whether you may legally refuse a Breath Test or a Blood Test. We've written on that many times and the answer is YES. You may refuse breath and blood tests UNLESS the officer has a warrant for your blood. If they have a warrant, you may not refuse.
When you think about the Christmas season, you probably think about family time, presents, good food, and celebration. We think about those things too, but as criminal defense attorneys, we also think about the reasons that some of our clients get arrested during the holiday season. For this article, we took a look at the last 8 years of holiday season arrests (for clients that we represented) and compiled an (anecdotal) list of the top 5 reasons that folks get arrested during the Christmas/New Year's season. Our goal is that this list will serve as a warning, so that your holiday season can be filled with the good stuff, rather than jail, bail, and calls to our office. Here goes:
Many retailers slash their prices and offer steep discounts in the weeks leading up to Christmas and even bigger discounts after Christmas, but we have yet to see any retailer offer the "five finger discount" for their merchandise. Regardless, we see plenty of shoplifting cases during the Christmas season, making it our #5 reasons that people get arrested during Christmas. Depending on the regular price value of the item (not the discounted price), shoplifting theft charges can range from misdemeanors to felonies. Learn more about Theft law in Texas here.
In a similar vein to shoplifting, our #4 reason for holiday arrests is package theft. Many shoppers choose the convenience of online shopping and have their Christmas purchases delivered right to their front door. Some people see this as an easy target, following behind UPS or FedEx trucks to steal those would-be Christmas gifts from the front porch. However, with the increase in doorbell cameras, it is getting easier to catch the porch pirates in the act. Further, some law enforcement agencies have begun using dummy packages to bait thieves into getting caught. Package theft can range from a misdemeanor to a felony depending on what unknown treasure lay inside the brown box.
3. Air Travleing Trouble (Guns,Drugs, and Intoxication)
Going to visit grandma can require air travel for many families. This means that thousands more people than usual flood through DFW Airport between Thanksgiving and New Year's. It matters not from where these travelers hail. From Maryland to Oregon to France, if a person is arrested at DFW Airport, their case will be filed in Tarrant County, Texas and they will have to travel back to DFW to attend court. During the holidays, we see a surge in airport arrests when people bring items into the airport that are not allowed or when folks over indulge during a layover. Specifically, we see the following airport arrests:
Airport Gun Charges (as of 2022 and changes in the law, this has mostly subsided);
Even if the state from which a traveler is coming has legalized marijuana and the state to which they are traveling has legalized marijuana, if they are caught possessing marijuana in the airport, they will be arrested and charged. The combination of airport gun arrests, airport drug arrests, and airport public intox arrests make these types of cases our #3 reason for holiday arrests.
In the movie Christmas Vacation, Clark Griswold showed an enormous amount of restraint when his extended family pushed him to the limit (especially Cousin Eddie), but not everyone is blessed with such a cool head. Christmas time brings added stressors into the family environment that can sometimes lead to verbal or physical altercations between family members, so much so, that these arrests rank at #2 in our book. Depending on the nature of the assault, a domestic violence arrest can be charged as a misdemeanor or a felony. Learn more about Family Violence under Texas law.
With all of the Christmas and New Year's parties and the increase in No Refusal Weekends, it is not hard to guess that DWI arrests are #1 on our list. Driving While Intoxicated in Texas can range from a misdemeanor (if it is a first or second offense) to a felony (if there is a child in the car or if the person arrested has been convicted of DWI twice in the past). Our advice is to plan ahead and do not even take your car to a Christmas party when you plan to drink. Catch a ride from a friend or take an Uber or Lyft. That would be a lot cheaper than hiring an attorney and a lot less hassle too. Learn more about Texas DWI law here.
We Hope You Never Need Us, But We're Here if Your Do.
We wish you a very merry Christmas and a happy New Year. As always, we hope you never need us to represent you or one of your loved ones for a criminal offense. This is even more true during the Christmas season. Hopefully this list will help you avoid trouble that looms during the holiday season. If you do happen to need us, we are only a phone call away at (817) 993-9249.
BHW is thrilled to continue our two scholarships for 2024. In honor of the sacrifices of our military veterans, our scholarships are connected to military service. The first scholarship is a $500 award for a Military Veteran Law Student and the second scholarship is a $500 award for a Military Dependent undergraduate student. Throughout the year, we received many applications from very deserving students. We appreciate all of the students that took the time to apply for the scholarships and wish them all the best in their studies. For those students that were not selected, we invite you to apply again next year as we plan to continue the scholarship offers as an annual award.
When parents in Texas divorce or separate, one of the most important issues they face is child custody. Texas law recognizes two types of custody: physical custody, which refers to where the child lives, and legal custody, which refers to the right to make decisions about the child's upbringing. In cases where parents cannot agree on custody arrangements, the court may order a standard possession order.
When a driver is stopped in Texas and the officer suspects that the driver may be intoxicated, the officer will typically run through a standard DWI roadside investigation. This investigation begins by simply observing the driver (bloodshot eyes, odor of alcohol, slurred speech) and asking some questions:
When you think about the Christmas season, you probably think about family time, presents, good food, and celebration. We think about those things too, but as criminal defense attorneys, we also think about the reasons that some of our clients get arrested during the holiday season. For this article, we took a look at the last 8 years of holiday season arrests (for clients that we represented) and compiled an (anecdotal) list of the top 5 reasons that folks get arrested during the Christmas/New Year's season. Our goal is that this list will serve as a warning, so that your holiday season can be filled with the good stuff, rather than jail, bail, and calls to our office. Here goes: