Implied Consent and Refusing a DWI Test In Texas

Implied Consent and Refusing a DWI Test In Texas

On average, about 28 people die every day from drunk driving related crashes. In fact, about 1 in 3 people are involved in a drunk driving crash during their lifetime. Driving while intoxicated should be avoided at all costs. 

But what if you're driving home from a friend's BBQ after a few beers and are surprised by a sobriety checkpoint? What if you had a glass or two of wine and decide you're fine to drive home after dinner but you get pulled over for a tail light being out?

How Can You Tell If You Need a Drunk Driving Attorney in Conroe, TX?

How Can You Tell If You Need a Drunk Driving Attorney in Conroe, TX?

The minute you are arrested for drunk driving, you need a drunk driving attorney. If you wait until your first court appearance or worse, wait to see what happens next, you may be a day late and a dollar short. Drunk driving (DWI) or driving under the influence (DUI) are serious criminal matters in Texas.  If you hire a drunk driving defense attorney, we can help you put the pieces of your life together again.

What Is Solicitation of a Minor? 3 Steps to Take If You Are Charged in Montgomery County, Texas

What Is Solicitation of a Minor? 3 Steps to Take If You Are Charged in Montgomery County, Texas

What Is Solicitation of a Minor? 3 Steps to Take If You Are Charged in Montgomery County, Texas. Innocence doesn't equal freedom.

Sadly, this was the case for 2 men who lost 26 years of their lives behind bars, because of false charges. In 1992, a jury found VanDyke Perry and Gregory Counts guilty of rape, sodomy, and kidnapping. Almost 3 decades later, the victim’s revised story and new DNA evidence were able to completely clear the men's name.

4 Questions to Ask Your Drug Possession Attorney in Montgomery County, Texas

4 Questions to Ask Your Drug Possession Attorney in Montgomery County, Texas

With more than 1.5 million arrests per year, drug possession is filling up our courts in a serious way. No matter how you feel about the drug laws, it's a serious issue that needs to be dealt with and you can only really understand how bad it is once you're in it. If you're having to deal with a drug possession attorney, it's a sure thing that you're about to get your hands dirty with drug law in Montgomery County.

To know what you're in for under these Texas laws, ask your lawyer these four questions.

Real vs. Fake Victims: The High Price of False Accusations

Real vs. Fake Victims: The High Price of False Accusations

Falsely accusing someone of a crime is a crime itself.  In most states, including Texas and Georgia, a person can face up to a year in jail and thousands of dollars in fines for making a false report or “pretending” a person is a victim. Recently, “Empire” TV star, actor Jussie Smollett, has been charged with a felony for filing a false police report after he claimed he was physically assaulted in an alleged attack.    

Understanding Your Fourth Amendment Rights

Understanding Your Fourth Amendment Rights

The Fourth Amendment to the U.S. Constitution is an important piece of legislation that defines our right to privacy and security. In recent decades, courts around the country have dealt with an increasing number of cases involving the Fourth Amendment and its implications. While it is an important law, many people do not understand what it means or the extent to which it affects our lives. Here is what you need to know to understand the Fourth Amendment.

Reasonable Suspicion vs Probable Cause

Reasonable Suspicion vs Probable Cause

In the U.S., there are two main reasons that the police can take action against someone. They are the standards known as reasonable suspicion and probable cause. While they are similar in their application and definitions, there are several key differences between the two. To make sure that your rights are protected, it is important that you understand the differences between the two. Here is a look at reasonable suspicion vs probable cause.

Texas Spousal Support: What You Should Know

Texas Spousal Support: What You Should Know

Spousal support, also known as spousal maintenance or alimony, is paid by one ex-spouse to the other to help support the recipient. It has nothing to do with child support, and it may be paid regardless of whether there are children and what arrangements are made for them. Spousal support is largely a relic of the era when women did not work and needed money to live on following a divorce, and it is relatively rare today. However, it may be paid by either ex-spouse depending on the divorcing couple’s individual situation.

Implied Consent and Refusing a Breathalyzer in Texas

Implied Consent and Refusing a Breathalyzer in Texas

Technically, if you are arrested and charged with a DWI (driving while intoxicated) in Texas, you are within your rights to refuse a breathalyzer or blood alcohol test. However, due to Texas’ implied consent laws, you will face administrative penalties for your refusal. Here is what you need to know.

Stop and Frisk: Know Your Rights

Stop and Frisk: Know Your Rights

A controversial but common type of law in the United States, “stop and frisk”, is legal in Texas if and only if law enforcement has reasonable suspicion that a person possesses a dangerous weapon and may be a threat. If reasonable suspicion exists, the officer may temporarily detain the person and conduct a pat down to search for a weapon.

Detention vs. Arrest: How to Tell the Difference

Detention vs. Arrest: How to Tell the Difference

If you are out on the streets minding your own business, and a police officer begins to question you, you might wonder if you are being detained or arrested. The two terms are sometimes used interchangeably, but they have specific legal definitions that are very different. If you are charged with a crime based on evidence that is found during this time, whether you were detained or arrested could have a huge impact on the way your case plays out.

DWI Probation in Texas: What to Expect

DWI Probation in Texas: What to Expect

Want to learn what to expect with DWI probation in Texas? Get this and other expert information from The Law Firm of Andrea M. Kolski.

How Probable Cause Is Applied

How Probable Cause Is Applied

Want to learn everything you need to know about probable cause and how it’s applied? Get this and other expert information about probable cause from The Law Firm of Andrea M. Kolski.

Texas Incarceration Rates Among Nation's Highest

Texas Incarceration Rates Among Nation's Highest

Texas is one of the toughest states to battle in court. According to recent data, Texas has the dubious title of 7th highest rate of incarceration per 100,000 people. For anyone arrested and charged in Texas, this is a sobering statistic to keep in mind as you prepare to go to court. It certainly makes you think twice about getting a fair trial. Why does Texas have so many people serving time?

First, Texas has a long history of aggressive law enforcement stemming all the way back to the early days of the famous Texas Rangers.

Compared to other states, Texas still has some of the most stringent drug laws in the country.

Finally, overworked judges, public defenders, and prosecutors have limited time to hear the thousands of cases clogging up the dockets. As a former prosecutor myself, I know firsthand the tremendous pressure to just get the job done. All of this adds up to a scary scenario for anyone facing charges in the Lone Star state.

So, it's no wonder Texas prisons are filled with people who thought they could "beat the system". Is there anything you can do?

Until drastic changes are made to the state's severe drug sentencing laws (not any time soon) and the court system catches up (not likely), the state's incarceration rate isn't likely to change. However, an experienced criminal defense attorney can navigate the system and fight for your rights even in a state as tough as Texas. In the meantime, know the law and don't become another statistic.

An Overview of DWI in Texas

An Overview of DWI in Texas

Texas is serious about DWI, or Driving While Intoxicated, and the penalties can be stiff. If you are arrested for DWI, it is strongly recommended that you retain a skilled DWI attorney right away. In addition, it helps to have a thorough understanding of what DWI means in Texas and what penalties you might face. Your attorney will provide specific advice that pertains to your case, but here is a general overview of DWI in Texas.

Understanding Texas Divorce Law

Understanding Texas Divorce Law

Want to learn how to better understand divorce law in Texas? Get this and other expert tips from The Law Firm of Andrea M. Kolski.

What Happens If You Refuse A Breath Test?

What happens if you refuse a breath test in Texas? Expert DWI Lawyer Andrea M. Kolski can help. Based in The Woodlands, TX and serving Montgomery County and the Greater Houston area, including Conroe, TX. Call today for an initial consultation.