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Oct 31
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Silhouette of a person riding a horse at sunset with the text “Can you really get a DWI on a Horse in Texas?” and a law firm logo in the foreground.

Can You Really Get a DWI on a Horse in Texas? A viral question and a real answer.

By DWI No Comments
Silhouette of a person riding a horse at sunset with the text “Can you really get a DWI on a Horse in Texas?” and a law firm logo in the foreground.

Can Texans be charged with DWI while riding a horse? Our law firm explains what the law actually says about this surprising question.

Stories of Texans riding home after a night out—on horseback rather than behind the wheel—are becoming social media gold. And trust us, we’ve seen just about everything at Howard Lotspeich Alexander & Williams, PLLC (HLAW). 

Texans riding horses after a night out often become social media sensations.

But what does Texas law actually say about intoxicated riders on horseback or other means of transportation?  And, what penalties or criminal charges could you face in these unique situations? 

What the Law Actually Says (Texas Penal Code §49.04)

A Texas law book open on a table next to a judge's gavel, symbolizing legal definitions and statutes.

Texas Penal Code §49.04(a) is clear:

“A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”

Intoxication in Texas is defined in §49.01(2) as:

“Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination thereof; or having a BAC of 0.08 or higher.”

The key is what counts as a “motor vehicle.”

Texas Penal Code §49.01(3)  (by way of §32.34(2)) defines a motor vehicle as: “A device in, on, or by which a person or property is or may be transported or drawn on a highway, except devices used exclusively on stationary rails or tracks.”

Does a Horse Count as a Motor Vehicle in Texas?

A split image showing a horse on one side and a modern car on the other, illustrating the distinction between animal and motor vehicle.Although a horse can transport people on a public highway, it is not a device in the mechanical sense.  For this reason, courts and prosecutors in Texas should not treat intoxicated horseback riding as a DWI offense.

Other states differ widely. Florida, for instance, interprets “vehicle” broadly and has upheld DUI convictions for drunk horseback riders. California applies DUI laws to anyone riding an animal on a road. Texas maintains the stricter “motor vehicle” definition, so a DWI charge should not apply to riding a horse home aftera night out.

Related Offenses for Intoxicated Riders

But just because DWI doesn’t apply in Texas, that doesn’t mean you can ride your horse drunk without potential consequences:

Public Intoxication (Texas Penal Code §49.02): 

“A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.”

  • This law applies no matter your mode of transport—horse, bicycle, or even walking. 
  • Public intoxication laws apply regardless of your mode of transport.

Animal Cruelty (Texas Penal Code §42.092):  

Endangering or abusing an animal due to intoxication could result in additional charges.

Child Endangerment (Texas Penal Code §22.041):  

A visual representation of a legal scale with increasing weights on one side, symbolizing the escalating penalties for DWI offenses.

Transporting a child while intoxicated, regardless of vehicle, can result in felony charges.

DWI Penalties for Motor Vehicles vs. Horseback

Motor vehicle DWI brings serious penalties in Texas:

  • First offense: Up to 180 days in jail, fines, and one-year license suspension.
  • Second offense: Fines, up to 1 year in jail, and two-year suspension.
  • Third offense: Heavy fines, 2-10 years in prison, and permanent record.

 

For drunk riders on horses, public intoxication is a class C misdemeanor, often punished with fines but still carrying potential criminal record consequences, especially if repeated or if other aggravating factors (like injury or animal abuse) are present.

 

BWI, DWI on Golf Carts, and More

Boating While Intoxicated (BWI) (§49.06): 

If you’re operating a motorized boat while intoxicated, you will be charged with BWI, formally defined in Texas Penal Code §49.06.

Golf Carts & ATVs: 

If it’s motorized and driven on a public roadway, you can absolutely be charged with DWI.

Bicycles:

Although unlikely, it is possible under the current broad definition of “motor vehicle” that someone who is intoxicated on a bicycle could possibly be charged with DWI.  It’s most likely in that scenario the person would be charged with public intoxication or disorderly conduct.

In Texas, intoxication laws extend beyond cars to boats, golf carts, and potentially even bicycles.

Quick Reference Table

Transport DWI? Other Charges Possible Statute Reference (Texas Penal Code)
Car/Truck/Motorcycle Yes – §49.04, §49.01
Horse No Public intox., animal cruelty, child endangerment  §49.02, §42.092
Bicycle Possibly Most likely Public intox., Disorderly conduct §49.02, §42.01
Golf Cart/ATV Yes – §49.04
Boat BWI – §49.06

Policy Rationale and Best Practices

Texas statutes draw a distinction based on public safety: motor vehicles present greater risk than horses, but intoxicated riders still face legal and even potential civil consequences. The law’s intent is to protect lives and property while recognizing unique Texas traditions.

Frequently Asked Questions

Q: Can I legally ride my horse home after drinking?

A: You shouldn’t be charged with DWI, but public intoxication, animal cruelty, or other charges could still result.

Q: What about riding a golf cart?

A: DWI absolutely applies if you’re operating any motor vehicle—including golf carts—on public roads.

Q: Is boating treated differently?

A: Yes, BWI is a separate criminal charge under Texas law.

Q: What if I cause a crash or injure someone on a horse?

A: Civil liability and criminal charges could still arise, even if DWI doesn’t technically apply.

Best Practices for Texans

Avoid operating any transport while impaired, motorized or not. If cited, consult a qualified defense attorney; definitions matter greatly for your future record. Educate yourself on the DWI statute and related laws (see more articles from our website about DWI). Remember that public intoxication, animal cruelty, child endangerment, and even reckless driving can have life-altering consequences. Always prioritize safety and responsible decision-making when it comes to operating any form of transport.

Bottom line

While you can’t get a DWI on a horse in Texas, you can be prosecuted for public intoxication, animal endangerment, and related offenses. Public safety—and your legal future—deserve attention.

Charged or Arrested? What To Do

If you are cited or arrested for any intoxication offense (or related criminal offense), whether DWI, BWI, or public intoxication, contact our qualified and experienced defense attorneys immediately. Legal definitions matter and so does your defense— and an experienced lawyer can protect your record.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW) we offer free case evaluations and consultations. If you find yourself in a situation where you’ve been charged with a crime, contact our office today to get started on your best defense with a team that is experienced and proven.

Sep 25
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Keller and Southlake water towers with HLAW Law Firm logo and text: What to expect if you’re stopped for DWI in Southlake or Keller, Texas.

What to Expect if You’re Stopped for DWI in Southlake or Keller, Texas

By DWI
Keller and Southlake water towers with HLAW Law Firm logo and text: What to expect if you’re stopped for DWI in Southlake or Keller, Texas.

🚔 Pulled over for DWI in Keller or Southlake? Learn what police look for, where stops often happen, and how our local defense lawyers can protect your rights.

If you live in Keller or Southlake, Texas, you already know these communities take pride in safety, order, and reputation. That’s why local police departments invest significant resources into DWI enforcement. Drivers are often surprised by how frequently patrols run along Highway 114, Keller Parkway, FM 1709, and near Southlake Town Square — particularly on weekends and holidays.

Being stopped on suspicion of Driving While Intoxicated (DWI) is intimidating, especially if you’ve never been through it before. What happens in the first few minutes of that stop can determine whether you’re arrested, charged, and ultimately convicted.

This guide will walk you step-by-step through what to expect if you’re stopped for DWI in Keller or Southlake.

1. Where DWI Stops Commonly Happen in Keller & Southlake

While police can stop drivers anywhere, some areas are frequent hot spots for DWI patrols:

  • Highway 114 (Southlake/Grapevine Corridor) – Heavy traffic from Southlake Town Square and Grapevine nightlife.
  • Keller Parkway / FM 1709 – Popular restaurant and retail strip with late-night traffic.
  • Southlake Town Square – Officers often patrol during weekends, concerts, and community events.
  • Highway 377 near Keller – Monitored for late-night bar traffic.

On No Refusal Weekends (New Year’s, July 4th, major holidays), Keller PD and Southlake PD often coordinate with law enforcement across Tarrant County so that refusal to provide a sample results in a search warrant for a blood draw.

2. How Officers Spot Suspected Intoxicated Drivers

Texas law (Penal Code § 49.04) defines DWI as operating a vehicle while intoxicated. To establish reasonable suspicion or probable cause, local officers look for:

Driving Behaviors:

  • Swerving, weaving, or drifting between lanes
  • Driving too slowly or braking erratically
  • Ignoring traffic signals or signs
  • Driving at night without headlights

Indicators After the Stop:

  • Bloodshot or glassy eyes
  • Slurred or delayed speech
  • Odor of alcohol
  • Fumbling with license/insurance documents
  • Nervousness, sweating, or unusual behavior

💡 Tip: Officers record everything they observe, from how you roll down your window to whether your hands are shaking and any of this can be used against you.

3. What Happens During Field Sobriety Tests

If suspicion rises, officers often ask you to perform Field Sobriety Tests (FSTs) such as:

  • Horizontal Gaze Nystagmus (HGN) – Sometimes referred to as the “eye test”. Following a light or pen with your eyes.
  • Walk-and-Turn Test – Walking heel-to-toe in a straight line.
  • One-Leg Stand – Balancing on one leg while counting.

⚠️ Important: FSTs are voluntary in Texas. You are not legally required to take them, but refusal may still lead to arrest.

4. Official Breath or Blood Testing

If arrested, you will likely be transported to the Keller Jail or the Southlake DPS facility for official chemical testing.

The Options:

  • Breath Test (Intoxilyzer 9000): A machine used at the jail to measure blood alcohol concentration (BAC). A result of 0.08% or higher creates a presumption of intoxication.
  • Blood Test: Conducted by medical staff, usually at a hospital or clinic. The sample is sent to a DPS-certified lab.

Refusal & No Refusal Weekends:

  • Refusing testing usually results in an automatic license suspension.
  • During No Refusal periods, officers will quickly obtain a judge-signed warrant to force a blood draw.
  • Even if Tarrant County is not conducting a No Refusal Holiday or Weekend, Police can (and often do) still obtain a warrant for a blood draw.

Potential Issues a Lawyer Can Challenge:

  • Calibration and maintenance of breath machines
  • Officer certification and test administration errors
  • Chain of custody in blood testing
  • Medical conditions (acid reflux, diabetes, prescription meds) that may skew results

5. Administrative License Revocation (ALR) Hearings

A DWI arrest doesn’t just risk criminal penalties — it also triggers a civil process to suspend your driver’s license.

Key Facts:

  • Officers seize your license and issue a temporary permit.
  • You have 15 days from arrest to request a hearing.
  • Hearings are typically held virtually for Keller/Southlake residents. 

Suspension Lengths:

  • Failed test (BAC ≥ 0.08): 90 days to 1 year
  • Refusal: 180 days to 2 years

Why ALR Hearings Matter:

  • They are the first chance to cross-examine the arresting officer under oath.
  • Winning saves your license and may expose weaknesses in the State’s case.
  • Missing the 15-day deadline means automatic suspension on day 40 after arrest.

6. Common Mistakes Drivers Make

Many drivers hurt their case by making simple but costly mistakes:

  1. Admitting to “a couple of drinks” – even small statements are used against you.
  2. Believing FSTs are required – they’re voluntary.
  3. Becoming argumentative – hostility almost guarantees arrest.
  4. Ignoring the ALR deadline – waiting too long costs you your license.

7. The Consequences of a Keller or Southlake DWI

A first-time DWI in Texas is a Class B Misdemeanor and can lead to:

  • Fines up to $2,000
  • Jail time up to 180 days (3 days minimum)
  • License suspension from 90 days to 1 year
  • Annual surcharges to keep your license
  • Permanent criminal record

Aggravated cases (BAC ≥ 0.15, child passenger, accidents with injury) can escalate to higher level misdemeanors or felonies, much higher fines, and longer driver’s license suspensions.

8. How a Keller or Southlake DWI Defense Lawyer Can Help

A skilled defense attorney may challenge:

  • Whether the traffic stop was lawful
  • Whether FSTs were properly administered
  • The accuracy of breath/blood testing
  • Any violations of constitutional rights

Potential outcomes include:

  • Case dismissal
  • Reduction to lesser charges (such as Obstruction of a Highway)
  • Probation or alternative sentencing

The attorneys at Howard Lotspeich Alexander & Williams, PLLC (HLAW) have been representing clients accused of DWI in Keller and Southlake, Texas for over a decade and know how these agencies operate. We’ve successfully obtained dismissals and acquittals for our clients on Keller and Southlake DWI cases.

9. Why Local Experience Matters

Your case could touch the Keller Municipal Court, Southlake Municipal Court, and ultimately a Tarrant County Criminal Court in Fort Worth.

Local experience matters because:

  • Each court has different judges, prosecutors, and procedures.
  • Community reputation is critical in Keller and Southlake.
  • A local attorney understands how these agencies and courts actually operate day to day.

10. Arrested for DWI in Keller or Southlake? Call Us Today

If you or someone you love has been arrested for DWI in Keller or Southlake, time is critical. From protecting your license to building a strong defense, every step matters.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Keller and Southlake DWI defense attorneys provide aggressive, experienced, and compassionate representation.

📞 Contact us today for a free consultation — and let us fight to protect your rights, your license, and your future.

Jun 27
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Inside a courtroom at the Tarrant County Criminal Courthouse, where routine criminal case settings like Initial Appearance and Pre-Trial Hearings take place

What to Expect at the Tarrant County Criminal Courthouse

By Criminal Defense
Inside a courtroom at the Tarrant County Criminal Courthouse, where routine criminal case settings like Initial Appearance and Pre-Trial Hearings take place

Understanding what to expect during your criminal court settings at the Tarrant County Courthouse can help reduce anxiety and prepare you for each step in the legal process.

When someone is facing criminal charges, after an arrest and getting out of jail, one of the next events that causes someone in this situation a good amount of anxiety is having to navigate through the often-foreign process of the criminal courts system. Knowing more about how this process works can ease your mind a bit and help you focus on the substance of what you and your attorney will work towards in your case. 

This article aims to give you what you need to know and expect at the Tarrant County Criminal Courthouse and attending court settings.

Types of Court Settings

 

The Initial Appearance Court Setting (IA)

When a case has been filed by the District Attorney, a court is assigned to that case. In Tarrant County, the first thing that the court will do is set what is called an Initial Appearance (IA) court date. The sole purpose of the IA is for the court to determine what the status is of you being represented. The court is ordering you to come to the IA to either inform the court 1) whether you have an attorney or will be hiring one or 2) if you would like to apply for a court-appointed attorney. Typically, the court informs you of this setting via text message. Because most people are not familiar with what an IA is, they typically get concerned about having to go to court for this and assume that something more significant is going to take place in this setting. However, the IA is not a trial, and not a setting where anything other than addressing a person’s attorney situation is addressed. 

The good news is that if you hire an attorney before this setting, then the attorney should enter a Letter of Representation with the court. Once the court receives that Letter of Representation, then the court will typically cancel that setting and reset the case to a later date to allow time for the attorney to obtain discovery and start working on your case.

The IA is a formal setting and if you receive notice to be at court and you haven’t retained an attorney, you must attend this setting. Important: For any setting notice that you receive from Tarrant County, you must be there unless notified otherwise by the court or your attorney. Failure to appear to court after being notified of a setting can and will result in a warrant being issued for failure to appear.

Routine Court Settings (Pre-Trial, Evidence Exchange, Motions Docket)

After the IA has either been rescheduled or held, then you should have an attorney (either by retaining one or by receiving court-appointed counsel). From that point, the court will set routine settings approximately every 30 days (although this time period varies depending on the size of the court’s dockets at a given time). Some courts have different names for these settings and will schedule them in different orders. In general though, regardless of whether the setting is called a pre-trial setting, evidence exchange, or even sometimes a motions docket, these settings all typically proceed in the same manner (explained below). 

At all of these settings, the Judge, you, your attorney and the State’s prosecutor assigned to your case will be present for court. And, at any of these settings the case can be disposed of either by way of a dismissal or guilty plea. If a guilty plea is worked out, then you will go in front of the Judge with your attorney to formalize the plea and conclude the case. If a dismissal is obtained, then the prosecutor can file their Motion to Dismiss with the Judge on any of these settings as well. If further negotiations are going to be required and nothing is resolved, then the court will continue to move the case forward by resetting the case to the next setting to continue to give your attorney and the State an opportunity to resolve the case without having to set the case for trial.

Status Conference and Trial Settings

As the case moves through the order of settings, the court will not allow the case to simply be reset over and over again inevitably. In general, a case will be given around 3 settings before the Court sets the case for what is called a Status Conference setting. The Status Conference setting is regarded as the final setting before the case is set for trial and is the setting where the Court is looking for either the case to be pled out or set on a trial docket. 

If the case is not either dismissed or pled, then the court will set the case for a Trial docket. The routine settings and status conference setting generally proceed in the same manner (explained below). The Trial Setting is unique and is the setting that most people think of as far as what Court looks like from what they’ve seen on television and movies. 

Again, for all court settings that you receive notice of, you must be present or the court will issue a warrant for failure to appear. You should keep in close contact with your attorney regarding all settings to confirm the setting. Sometimes things do change, and your attorney should have a direct line to the court to be able to confirm that the setting is scheduled and to confirm that you will be required to come to court for that particular setting.

What To Expect at Court Settings

 

What Happens at a Court Setting (Routine Settings and Status Conference)

At routine court settings, there are generally 20-40 people set on the same docket (list of cases scheduled for that day) all at the same time. Some people have this idea that when they go to court it will just be them and their attorney alone in the courtroom with the prosecutor and Judge. However, this is far from the case. With up to 40 (sometimes even more) people all set at the same time on the same docket, the routine court settings are often extremely crowded and busy. Your notice for your setting will typically tell you that the setting is scheduled for 8:30 or 9:00 a.m. (this too can vary). Regardless of when the setting is scheduled for, the court’s text-message notice will usually tell you to be at court an hour to an hour and a half early. The reason for this is because (with the amount of people all coming at the same time to the courthouse for docket) parking and getting to your individual court on packed elevators can significantly delay you actually getting to your court. It’s good advice to follow that direction and come to court early. The primary reason you want to do this is because the Judge in the court will often call “roll” for everyone on the docket at exactly the time when court is scheduled for (think “roll-call” like when you were in school). In addition, almost every court has you check in with the bailiff (as you will see others doing) right when the courtroom doors open (and they often don’t open them until right before the scheduled start time). The court/bailiff will note what time you have arrived at court. Being late to court can also potentially result in you being taken into custody. So, get to your setting early and immediately go into the courtroom when the doors open and check in with the bailiff that will be sitting at his/her desk in the courtroom. 

We often tell our clients that their most important job for these routine court settings is to be there and be there on time. Other than that, your attorney should be taking the lead from there and will inform you on what’s going on with the case and what to expect moving forward. 

During these routine settings, everyone scheduled for court will sit in the audience-portion of the courtroom while their attorney’s are speaking with the prosecutors about the cases (either in the courtroom or in a room behind the courtroom). Your attorney will usually get you after they’ve spoken with the State and take you into the hall to update you on the case. Once that is done, your attorney will update the court with the status of the case and the case will either be reset or if a plea has been worked out your attorney will go over plea paperwork and talk to you about what happens next. If the case is just going to be reset, then your attorney should inform you of this and let you know when you can go. 

All routine settings and even the Status Conference setting proceed in this same general manner. However, if you attend the Status Conference and don’t enter a plea on your case, then the case will be placed on a Trial Docket for a Trial setting explained below.

What Happens at a Tarrant County Trial Setting

If the case was not resolved (by way of a dismissal or plea) during one of the routine settings, then the case will be set for Trial. You should be maintaining good contact with your attorney after the Status Conference (if the case is set for trial), because the Trial setting means that your case very likely will be actually going to trial on that date. 

While courts do typically set multiple cases for trial on the same date, you and your attorney should anticipate that your case will be going to trial on that date regardless. Your attorney will be in contact with the State to gauge a little more about whether you’re the #1 case on the docket or not. But, even if you’re not the #1 case on the trial docket that doesn’t mean that the cases set in front of you won’t all get pled out leaving your case to be up for trial. 

Trial will proceed on the Trial Date by way of picking the jury, opening statements, presentation of evidence and closing statements. Trial can take a day for some simple misdemeanors or it can take weeks or even months (for capital felonies). Regardless, that process starts on the day of the Trial setting and continues until a verdict (and potential sentencing) occurs in the case.  

Conclusion

 

If you’ve never been through the criminal justice system in Tarrant County, the prospect of “going to court” can be frightening and certainly foreign. But, knowing what to expect hopefully eases some of that anxiety. Ultimately, the best way to manage this stress is to retain an experienced attorney who has the knowledge, background and communication with you to keep you informed as to what to expect every step of the way. 

At the HLAW law firm, we are committed to walking side-by-side with our clients and always being mindful of the stress you’re under when facing criminal charges. We take as much time as we need to make sure you’re fully informed every step of the way and to make sure you understand the process and what to expect.

If you’re facing criminal charges, contact the HLAW firm today for a free consultation to start getting prepared for your defense and to learn what more you might need to expect  at the Tarrant County Criminal Courthouse.

May 29
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Texas drug offenses guide showing marijuana, pills, and drug paraphernalia with HLAW Law Firm logo.

Texas Drug Offenses: A guide on what you need to know. 

By Drug Crimes
Texas drug offenses guide showing marijuana, pills, and drug paraphernalia with HLAW Law Firm logo.

An overview of common Texas drug offenses, from possession of controlled substances to drug paraphernalia. Learn what you need to know about Texas drug laws.

Facing drug charges in Texas can be a daunting experience, with potential consequences ranging from hefty fines and incarceration to long-term impacts on your personal and professional life. Texas has some of the strictest drug laws in the nation, and understanding the nuances of these statutes is crucial for anyone navigating the legal system. This detailed guide, complete with relevant legal citations, aims to shed light on the various types of drug offenses in Texas and the severe penalties associated with them.

1. Possession of a Controlled Substance

Possession of a controlled substance without a valid prescription is a serious offense in Texas, governed primarily by Texas Health and Safety Code §§ 481.115 – 481.118. The severity of the charge and its associated penalties are highly dependent on several critical factors:

  • Type of Substance (Penalty Group): Texas law categorizes controlled substances into distinct “Penalty Groups,” each carrying a different level of legal consequence. These groups, ranging from 1 to 4, with an additional 1-A and 2-A, are a fundamental aspect of Texas drug legislation. For instance, substances in Penalty Group 1 (PG1) typically incur the most severe penalties, reflecting their high potential for abuse and lack of accepted medical use.
  • Quantity of the Substance: The amount of the controlled substance in possession directly correlates with the classification of the offense. Even a small amount of a PG1 substance can be charged as a state jail felony, while possessing larger quantities can escalate to first-degree felonies, carrying potential sentences of life in prison. The weight or aggregate weight of the substance is a key determinant.
  • Aggravating Factors: Certain circumstances can significantly enhance the penalties for possession. These include, but are not limited to, possession within a drug-free zone (e.g., near schools or playgrounds), possession with the intent to deliver, or possession while in possession of a firearm. These factors demonstrate a greater threat to public safety and thus warrant more stringent punishment.

Understanding “Possession”: It’s important to note that “possession” in Texas law doesn’t necessarily mean holding the substance in your hand. It can refer to “actual possession” (direct physical control) or “constructive possession” (exercising care, custody, or control over the substance, even if it’s not on your person). Prosecutors must prove that the accused knowingly or intentionally possessed the substance in one of these ways.

2. Possession of Marijuana

Despite a growing national trend towards marijuana legalization, Texas maintains strict laws regarding marijuana possession. Texas Health and Safety Code § 481.121 specifically addresses marijuana offenses, with penalties directly tied to the quantity possessed.

Amount Possessed Classification Penalty
Less than 2 ounces Class B Misdemeanor Up to 180 days in county jail, up to $2,000 fine
2–4 ounces Class A Misdemeanor Up to 1 year in county jail, up to $4,000 fine
More than 4 ounces to 5 pounds State Jail Felony 180 days to 2 years in state jail, up to $10,000 fine
More than 5 pounds to 50 pounds 3rd Degree Felony 2–10 years in state prison, up to $10,000 fine
More than 50 pounds to 2,000 pounds 2nd Degree Felony 2–20 years in state prison, up to $10,000 fine
More than 2,000 pounds 1st Degree Felony 10–99 years or life in state prison, up to $100,000 fine

Note on “Usable Quantity”: For a marijuana possession charge to stick, the prosecution must prove the individual possessed a “usable quantity.” This generally means enough to be used as a drug, though there’s no precise definition, and it can be a point of contention in legal proceedings.

3. Possession of Drug Paraphernalia

The possession of drug paraphernalia, while often a lesser offense than drug possession itself, can still lead to significant legal trouble. Texas Health and Safety Code § 481.125 broadly defines paraphernalia to include any equipment, products, or materials used or intended for use in cultivating, manufacturing, processing, packaging, storing, or consuming controlled substances. Common examples include:

  • Pipes, water pipes (bongs), and other smoking devices
  • Rolling papers and blunt wrappers
  • Digital scales used for weighing drugs
  • Syringes and hypodermic needles (unless for legitimate medical purposes)
  • Containers used for storing or concealing drugs

Simple possession of drug paraphernalia is typically classified as a Class C Misdemeanor, punishable by a fine of up to $500. However, if the prosecution can prove that the individual sold or possessed paraphernalia with the intent to sell it, the charge can escalate to a Class A Misdemeanor or even a felony, depending on the circumstances, such as selling to a minor.

4. Manufacturing or Delivery of a Controlled Substance

These offenses represent some of the most serious drug charges in Texas, outlined in Texas Health and Safety Code §§ 481.112 – 481.114.

  • Manufacturing: This term encompasses the production, preparation, propagation, compounding, conversion, or processing of a controlled substance. It can range from operating a large-scale drug lab to even simple acts like growing marijuana plants if the intent is to produce a usable drug.
  • Delivery: This is defined as the actual or constructive transfer of a controlled substance, regardless of whether there was payment or consideration. This includes selling, giving away, or even simply handing over a drug to another person.

The penalties for manufacturing or delivery are extremely severe and are determined by the Penalty Group of the substance and the quantity involved. For example, manufacturing or delivering a small amount of a PG1 substance can be a state jail felony, while large-scale operations involving significant quantities can result in first-degree felony charges, with potential sentences of life in prison and massive fines. Furthermore, enhanced penalties apply if these offenses occur in designated drug-free zones or if minors are involved in the illicit activities.

5. Possession with Intent to Deliver (PWID)

Even if an individual isn’t caught in the act of manufacturing or delivering, they can still be charged with Possession with Intent to Deliver (PWID) under Texas Health and Safety Code §§ 481.112 – 481.114. This charge relies on circumstantial evidence that indicates the intent to distribute the controlled substance. Prosecutors often infer intent from:

  • Large Quantities of Drugs: Possessing an amount of a substance that exceeds what would typically be for personal use.
  • Packaging Materials: Having baggies, vials, or other materials commonly used for drug distribution.
  • Weighing Scales: Possession of digital scales, especially in conjunction with drugs.
  • Presence of Large Sums of Cash: Unexplained large amounts of money.
  • Communications (Text Messages, Emails): Digital communications implying drug sales or distribution.
  • Multiple Cell Phones: Possession of multiple phones, often associated with drug dealing.
  • Weapons: The presence of firearms can also be used to infer an intent to protect drug operations.

The penalties for PWID mirror those for actual manufacturing or delivery, making it a very serious charge.

6. Drug-Free Zones & Enhanced Penalties

Texas takes a particularly harsh stance on drug offenses committed near protected locations. Texas Health and Safety Code § 481.134 designates “drug-free zones” and mandates enhanced penalties for offenses that occur within 1,000 feet of:

  • Public or private schools (including childcare facilities and institutions of higher education)
  • Playgrounds
  • Public or private youth centers
  • Public swimming pools
  • Video arcade facilities
  • School buses
  • Correctional facilities
  • Mental health facilities

These enhancements can include increased minimum sentences, often doubling the potential fine and adding additional years to a prison sentence. The rationale behind these laws is to protect vulnerable populations and deter drug activity in areas frequented by children and those in rehabilitative environments.

7. Penalty Groups in Texas: A Detailed Look

The Texas Health and Safety Code categorizes controlled substances into distinct Penalty Groups, which are fundamental to determining the severity of drug charges.

There are several federal acts that regulate drug charges, but the primary act is the Controlled Substances Act (CSA) (21 U.S. Code § 801 et seq.). This federal law establishes five schedules for controlled substances, similar to Texas’ Penalty Groups, and sets out various criminal offenses related to manufacturing, distributing, and possessing these substances.

Federal drug charges are usually applicable when:

  • Interstate or International Trafficking: The drug activity crosses state lines or international borders, bringing it under federal jurisdiction.
  • Large-Scale Operations: The quantity of drugs involved, the complexity of the criminal enterprise, or the financial proceeds are substantial enough to warrant federal intervention.
  • Federal Agency Involvement: The arrest is made by federal law enforcement agencies such as the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), or Immigration and Customs Enforcement (ICE).

Federal convictions under Title 21 U.S. Code often carry mandatory minimum sentences, meaning judges have less discretion in sentencing. For example, trafficking certain quantities of controlled substances can trigger mandatory minimums of 5 or 10 years, and these sentences can be significantly increased for repeat offenders or those involved in large-scale conspiracies. Federal prisons also tend to have different conditions and parole opportunities compared to state prisons.

8. Defending Against Drug Charges

A strong defense strategy is paramount when facing drug charges in Texas. A skilled criminal defense attorney will meticulously examine every aspect of your case to identify potential weaknesses in the prosecution’s arguments and avenues for defense. Common defense strategies include:

  • Challenging Illegal Searches and Seizures (Fourth Amendment): This is a cornerstone of many drug defenses. If law enforcement obtained evidence through a search conducted without a warrant, probable cause, or consent, or if the warrant itself was invalid, the evidence may be suppressed under the “exclusionary rule.” This can effectively dismantle the prosecution’s case.
  • Disputing Knowledge or Control: Under Texas Penal Code § 6.03(b), a person commits an offense only if they act with the required culpable mental state. For drug possession, this means proving the accused knowingly or intentionally possessed the controlled substance. A defense may argue that the accused was unaware of the substance’s presence or did not have actual control over it. For example, if drugs were found in a shared vehicle, a defense might argue that another occupant was responsible.
  • Identifying Lab or Chain-of-Custody Issues: The prosecution must prove that the substance seized is, in fact, a controlled substance. This relies on forensic lab analysis. Issues with lab procedures, contamination of samples, or breaks in the chain of custody (how the evidence was handled from seizure to analysis) can render lab results inadmissible or unreliable.
  • Presenting a Valid Medical or Prescription Defense: If the controlled substance was possessed with a valid prescription from a licensed medical practitioner, this can be an absolute defense to a possession charge. This typically applies to prescription medications in Penalty Groups 3 and 4, or sometimes 2.
  • Challenging Quantity or Weight: Discrepancies in the reported weight of the controlled substance can lead to a lower classification of the offense and, consequently, reduced penalties.
  • Entrapment: In rare cases, a defense of entrapment may be argued if law enforcement induced the defendant to commit a crime they would not have otherwise committed.
  • Diversion Programs: For first-time offenders, particularly in less severe cases, an attorney may be able to negotiate for participation in a drug diversion program. Successful completion of such programs can lead to dismissal of charges, avoiding a criminal record.

Conclusion

The landscape of drug charges in Texas is complex and unforgiving. From the nuances of penalty groups and drug-free zones to the harsh realities of mandatory minimum sentences, the impact of a conviction can be profoundly life-altering, extending beyond immediate fines and incarceration to long-term criminal records that affect employment, housing, and civil liberties.

If you or a loved one is facing drug charges in Texas, the urgency of securing knowledgeable legal representation cannot be overstated. A qualified criminal defense attorney possesses the expertise to challenge illegally obtained evidence, skillfully advocate for reduced charges, or strategically negotiate for alternative outcomes such as drug diversion programs. Their in-depth understanding of Texas drug laws, courtroom procedures, and prosecutorial tactics is invaluable in protecting your rights and fighting for the best possible outcome in your case. Do not delay in seeking professional legal guidance.

A drug charge can be an overwhelming experience, but you don’t have to face it alone. At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we understand the complexities of Texas drug laws and are dedicated to providing compassionate yet aggressive representation. Let us help you navigate this challenging time. Reach out for a free, confidential case evaluation by calling 817-993-9249 or contacting us here.

Nov 14
Love14
Texas statute of limitations for criminal offenses

Statute of Limitations in Texas | How Long Does the State Have to Bring Charges?

By Criminal Defense

How Long Does the State Have to Bring a Criminal Case Against Me?

Texas statute of limitations for criminal offensesTexas law sets out the statute of limitations, the period during which formal charges must be brought against a defendant for most offenses. These time periods range from two years to over twenty years, and for some offenses there is no limitation period at all. The applicable limitation period depends on the particular offense that is alleged.

The various statutes of limitation mean that the state must present an indictment or information within said time period or prosecution will be time barred. The presentation of an indictment occurs when the grand jury has made its decision and the indictment is received by the court. Tex. Code Crim. Proc. Ann. Art. 12.06. The presentation of an information occurs when it has been properly filed in court. Tex. Code Crim. Proc. Ann. Art. 12.07. The limitations period is tolled while the case is pending after an information is filed or indictment issued. Tolling means that the time will not be counted against the limitations period.

Generally, the time period is measured based on the date the offense was committed. When computing the time period, the day on which the offense was committed and the day on which the charge was presented are excluded. Tex. Code Crim. Proc. Ann. Art. 12.04. Thus, the clock starts running the day after the offense was committed and is paused when the indictment or information is presented. Additionally, any time the defendant was absent from the state is excluded when computing the time period. Tex. Code Crim. Proc. Ann. Art. 12.05(1).

What Are the Time Periods in the Texas Statutes of Limitations?

TEXAS PERIODS OF LIMITATIONS FOR MISDEMEANOR OFFENSES

Texas law provides that for most misdemeanor offenses there is a standard period of limitations of two (2) years. Tex. Code Crim. Proc. Ann. arts. 12.02. The only exception is for Assault Family Violence allegations, for which the limitation period is 3 years. Thus, for any given misdemeanor charge, the State must bring prosecution within two years from the commission of the crime (or 3 years if the allegation is one of family violence).

TEXAS PERIODS OF LIMITATIONS FOR FELONY OFFENSES

There are several periods of limitations provided for the various felony offenses, as well as a catch all time period of three years for all other felonies not specifically provided for. Tex. Code Crim. Proc. Ann. art. 12.01(7). See the chart below for the time period provided for certain major felony offenses.

PERIOD OF LIMITATIONS FELONY OFFENSE
(A) Five Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(4).
  • Theft or Robbery,
  • Kidnapping or Burglary (except as provided in (E)),
  • Injury to Elderly or Disabled (unless 1st Degree),
  • Abandoning or Endangering Child, and
  • Insurance Fraud
(B) Seven Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(3).
  • Money Laundering
  • Credit Card or Debit Card Abuse
  • Medicaid Fraud
  • False statement to obtain property or credit; and
  • Fraudulent Use or Possession of Identifying Information
(C) Ten Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(2).
  • Theft of any estate by an executor, administrator, guardian, or trustee
  • Theft by a public servant of government property
  • Forgery or uttering, using, or passing of a forged instrument
  • Sexual assault (except as provided in (F)),
  • Injury to an elderly individual or disabled individual (if punishable as a first degree felony), and
  • Arson
(D) Ten Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(6).
  • Injury to a Child
(E) Twenty Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(5).
  • Sexual Performance by a Child younger than 17
  • Aggravated Kidnapping with intent to sexually abuse a victim younger than 17, and
  • Burglary of a Habitation with the intent to sexually abuse a victim younger than 17
(F) No Time Limitation

 

See Tex. Code Crim. Proc. Ann. art. 12.01(1).
  • Murder or Manslaughter
  • Leaving the Scene of an Accident which Resulted in Death
  • Indecency with a Child
  • Sexual Assault or Aggravated Sexual Assault of a Child
  • Continuous Sexual Abuse of a Child
  • Sexual Assault if DNA testing indicated that the perpetrator’s identity could not be readily determined
  • Sexual Assault if there is probable cause to believe that the defendant has committed the same or similar offense against 5 or more victims
(G) Three Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(7).
  • All other Felonies.
  • Misdemeanor Assault Family Violence.

Periods of Limitations for Aggravated Offenses, Attempt, Conspiracy, and Solicitation

The limitation period for criminal attempt is the same as provided for the offense attempted. Tex. Code Crim. Proc. Ann. art. §12.03(a). Additionally, the limitation period for criminal conspiracy or organized crime is that of the most serious offense that is the subject of the conspiracy or organized crime. §12.03(b) Further, the limitation period provided for criminal solicitation is the same as the period of the felony solicited. §12.03(c). Finally, an aggravated offense has the same period of limitation as provided for the primary crime. §12.03(d)

In conclusion, these limitations are set out to protect defendants from having to face charges where evidence is stale and witnesses are unavailable due to the long period of time the State has waited to bring prosecution. The Texas Code of Criminal Procedure is very specific in how it has laid out the periods of limitations so that there will be no question as to the time period for a particular offense and how that time period should be computed.

*Note: The above provided chart is not all-inclusive but instead focuses on only some of the major felony offenses. An exhaustive list can be found in Section 12.01 of the Texas Code of Criminal Procedure.

Nov 12
Love0
Best Fort Worth DWI Attorney

Do’s and Don’ts When You’re Pulled Over for a DWI

By DWI

Finding those blue and red lights in your rearview mirror is never ideal. If it’s a DWI stop, it can feel like your heart is racing twice as fast. But while the nerves are understandable, the key here is knowing what to do—and maybe more importantly, what not to do. Let’s dive into a few tips that might make a difference if you find yourself in this situation.

Stay Calm and Collected if Stopped for DWI

Do: Breathe. Take a moment, gather your thoughts, and remember that keeping calm can really help. When the officer approaches, be respectful and polite. A calm demeanor doesn’t mean you’re admitting guilt; it simply shows maturity and may influence how the officer views you. Even if your pulse is racing, a little “fake it till you make it” can go a long way.

Don’t: React emotionally or aggressively. Panicking or being rude won’t help. It could even escalate the situation. The officer is there to do their job, and unfortunately, this may involve some tough questioning. But stay focused—cool and collected is the goal.

Comply with Basic Requests, But Know Your Rights

Do: Hand over your license, insurance, and registration when asked. This is standard procedure, and providing these essentials without fuss can keep things running smoothly.

Don’t: Overshare. Remember, officers will often ask questions about where you’ve been or how much you’ve had to drink. It may seem like casual conversation, but it’s often their way of gathering information. Instead of diving into a full recap of your evening, keep it simple and to the point. You don’t have to answer beyond basic questions, so politely decline to offer additional details if you feel uncomfortable.

Field Sobriety Tests – The Art of the Polite Refusal

Do: Know your right to say “no.” Field sobriety tests, like the “walk and turn” or the “one-leg stand,” are voluntary in Texas (unless you’re on probation). Politely refusing can be a smart move, as these tests are designed in a way that even sober people can struggle with them—stress, nerves, and uneven ground can all affect the results.

Don’t: Feel pressured to go along just because the officer doesn’t explicitly ask if you’re willing to participate. Officers might assume you’ll comply and jump straight into the tests. So, if you’d rather not do them, a simple, “I prefer not to take these tests” can be your best option. Remember, you’re not obligated to help build the state’s case against you.

Breath and Blood Tests – Understanding the Consequences

Do: Know what’s at stake. Breath and blood tests fall into a slightly different category. In Texas, refusing a breath or blood test can have immediate consequences, like a license suspension, but it’s still within your rights unless an officer presents a warrant.

Don’t: Refuse if a valid warrant is presented. If an officer has obtained a warrant for a blood test, you’re legally required to comply. Failing to do so could lead to additional legal trouble, which might make a bad situation worse. Think carefully, and when in doubt, ask for clarity.

Remain Silent Beyond Basic Information

Do: Use your right to remain silent wisely. Beyond providing identification, you’re not obligated to answer detailed questions. Many people feel the need to explain themselves in these situations, but even seemingly innocent statements could later be used as evidence.

Don’t: Spill the details of your evening. This isn’t the time for full transparency about how much you had to drink or why you may look tired. Politely telling the officer, “I’m not comfortable answering that” is within your rights and can help prevent anything being taken out of context later.

Plan Ahead – Use Alternative Transportation

Do: Make a game plan in advance. Look, no one wants to be in a situation where they’re stopped for DWI. Using rideshare options like Uber or Lyft can save a lot of trouble and maybe even a lot of money. If there’s even a slight chance that you’re over the limit, it’s best to leave the car keys behind.

Don’t: Wait until it’s too late. Last-minute decision-making is stressful, and being proactive is way easier than facing DWI charges. Think of it as a minor investment in your peace of mind—and definitely cheaper than the potential costs of a DWI.

Wrap-Up: Staying Smart and Safe on the Road

Getting pulled over is never a pleasant experience, especially when a DWI is involved. The best steps are often the simplest: stay calm, comply with basic requests, know your rights, and remember the power of a polite refusal. Ultimately, avoiding this situation by planning ahead—calling that Uber—is the smartest move you can make. But if it ever does happen, hopefully, these do’s and don’ts will guide you through with confidence.

Here’s to making smart choices and staying safe on the road.

Jul 03
Love12
Fireworks Laws in Texas2

Fireworks Laws in Texas | Could a Sparkler Really Cost You $2,000?

By Criminal Defense

Do Not Lose Your Liberty on Independence Day

Fireworks Laws in TexasIndependence Day is right around the corner. You will probably start seeing the notices spread across social media from local police departments, warning that setting off fireworks (including sparklers) is illegal inside of city limits. We know that you’re probably going to do it anyway (so are we), but we wanted to let you know what Texas law provides regarding fireworks on the 4th of July.

Texas Fireworks Law | Are Sparklers Illegal Inside of City Limits?

While state law in Texas permits possessing and using fireworks, it’s important to note that where and when a person can possess them is still highly regulated. There are State laws that limit the use and display of fireworks but use is predominantly regulated by way of city ordinances.

Specifically, under state law, a person may not:

  1. Explode or ignite fireworks within 600 feet of any church, a hospital other than a veterinary hospital, an asylum, a licensed child care center, or a public or private primary or secondary school or institution of higher education unless the person receives authorization in writing from that organization;
  2. Sell at retail, explode, or ignite fireworks within 100 feet of a place where flammable liquids or flammable compressed gasses are stored and dispensed;
  3. Explode or ignite fireworks within 100 feet of a place where fireworks are stored or sold;
  4. Ignite or discharge fireworks in or from a motor vehicle;
  5. Place ignited fireworks in, or throw ignited fireworks at, a motor vehicle;
  6. Conduct a public fireworks display that includes Fireworks 1.3G unless the person is a licensed pyrotechnic operator;
  7. Conduct a proximate display of fireworks that includes Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126 Standards for the Use of Pyrotechnics Before a Proximate Audience unless the person is a licensed pyrotechnic special effects operator and has the approval of the local fire prevention officer; or
  8. Sell, store, manufacture, distribute, or display fireworks except as provided by this chapter or rules adopted by the commissioner under this chapter.

Texas Occupations Code, Subchapter F, Sec. 2154.251

These violations are Class C Misdemeanors, which can be punishable by a fine up to $500.

Fireworks licensing violations are Class B Misdemeanors which can result in a jail term up to 180 days and a fine not to exceed $2,000.

Fireworks City Ordinances | Local Fireworks Rules in Fort Worth, Keller, and Southlake

In addition to State law, most cities in Texas regulate the use and display of fireworks by way of specific city ordinances. For example, Fort Worth, Texas has enacted an ordinance making the sale, discharge or possession of fireworks within the incorporated city limits a Class C misdemeanor punishable by up to a $2,000.00 fine. Similar ordinances exist in Keller and Southlake, and most other Texas cities.

Before your celebrations, it’s always best to review the above regulations under the Texas Occupations Code and check your local city ordinances online to ensure that you’re legally possessing, using and displaying fireworks.

Sep 08
Love1
New Criminal Laws 2021

Texas Legislature Update: New Criminal Laws 2021

By Legislative Update

New Criminal Laws 2021The 2021 Texas legislative session has now closed and there were several updates to our criminal statutes. Below are some of the more notable changes or additions to Texas criminal laws that took effect on September 1, 2021:

Constitutional Carry – HB 1927

All Texans over the age of 21 are now able to carry a handgun in public without a license or training as long as they are not prohibited from possessing a gun by state or federal law. In addition, the carrying a firearm while intoxicated is now a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, and the carrying a firearm in a vehicle by a gang member is now a third-degree felony punishable by two to 10 years in prison and a maximum $10,000 fine. HB 1927 also allows a peace officer to disarm a citizen at any time if they believe it is necessary to protect the individual, the officer, or another person. The officer, however, must return the handgun before leaving the scene if the officer determines the person was not a threat and didn’t commit a violation. Finally, HB 1927 allows for the expungement of records for those previously convicted of Unlawful Carrying a Weapon before September 1, 2021.

Obstructing Emergency Vehicles – HB 9

HB 9 makes it a state jail felony to knowingly block an emergency vehicle with its lights and sirens on or to obstruct access to a hospital or health care facility. This offense is punishable by six months to two years behind bars and a maximum $10,000 fine. Individuals convicted of this offense are required to spend at least 10 days in jail, even if they are sentenced to probation.

False Reporting to Induce Emergency Response – SB 1056

SB 1056 makes it a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, to falsely report a crime or an emergency to elicit an emergency response from law enforcement or other emergency responders. The charge becomes a state jail felony, punishable by six months to two years in state jail, if the defendant has been previously convicted twice of the offense and a third-degree felony, punishable by two or ten years in prison, if a person is seriously injured or killed as a result of the emergency response.

Enhancement for Reckless Driving Exhibition – SB 1495

SB 1495 heightens the penalty for obstructing a highway or passageway from a Class B misdemeanor to a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, for an individual who engages in a reckless driving exhibition. SB 1495 enhances the penalty to a state jail felony for a person who has been previously convicted of this offense, a person who operates a vehicle while intoxicated, or who causes someone to suffer bodily injury.

Harassment Extension to Social Media Posts – SB 530

SB 530 makes it a Class B misdemeanor, punishable by up to 180 days in jail and a maximum $2,000 fine, to harass another person by publishing repeated electronic communications on a website with the intent to harass, annoy, alarm, torment, or embarrass that person. The penalty, however, can be increased to a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, if the actor has been previously convicted of the offense or it if involved a child under age 18 with the intent to cause the child serious bodily injury or to commit suicide.

Silencer Legalization – HB 957

HB 957 removes firearm silencers from the list of weapons that are prohibited in Texas. In addition, firearms suppressors that are manufactured and remain in Texas are not subject to federal law or regulation.
Enhanced Punishment for Offenses against Public Servants – HB 624
HB 624 increases the penalty by one level for people who commit an offense against someone whom they know is a public servant or against a member of the public servant’s household or family. The increased punishments apply to arson, criminal mischief, criminal trespass, breach of computer security, harassment, stalking, or fraudulent use of possession of identifying information.

Enhanced Punishment for Offenses against Public Servants – HB 624

HB 624 increases the penalty by one level for people who commit an offense against someone whom they know is a public servant or against a member of the public servant’s household or family. The increased punishments apply to arson, criminal mischief, criminal trespass, breach of computer security, harassment, stalking, or fraudulent use of possession of identifying information.