Tag Archives: testing

DWI bond conditions

The Unjust Burden of DWI Bond Conditions

The framers of our constitution insisted the accused shall always remain innocent unless proven guilty. But DWI bond conditions or being on bond for a driving while intoxicated case in Texas may make you feel as though your guilt has already been determined before you step foot in the courthouse.

DWI Bond Conditions

When you are charged with DWI, the government can, and usually will, impose a financial hardship upon you in the form of:

  • supervisory fees
  • drug and alcohol testing fees
  • assessment fees
  • identification card fees
  • fees for installing and monitoring a breathing device for your car or home

In Texas we elect our judges. And just like any elected official a judge will make decisions to safeguard their political careers. At times, those decisions are rationally thought out and used to protect the public from a dangerous situation. Other times, those decisions are based solely on political correctness. Courts have the discretion to impose a number of DWI bond conditions on you including:

  • curfews
  • mandate that you wear an ankle monitor
  • require that you install an in-car breathing device
  • make you undergo counseling
  • take mandatory drug testing

These requirements can last until your case has reached conclusion.

Some requirements may help you

Some of these conditions are mandatory. Other conditions are voluntary and a good criminal defense lawyer will know what onerous DWI bond conditions to fight. Many of the bond conditions are illegal or without justification, but some may actually help put you in the best light with the court to show that you are working to do better and help you mount a stronger defense. An effective DWI lawyer will know the difference and fight the ones that are unjust or unfair.

To discuss the bond conditions of your case, your DWI charge or other criminal defense matters, please call us 24/7 at (713) 524-1010 to speak to a Houston DWI attorney.

The Dangers of DWI No Refusal Weekends in Houston

No Refusal weekends are a new phenomenon coined by law enforcement to advertise that police agencies will ask for a search warrant to seize a blood sample from a driver, if you refuse to take the breath test. The state of Texas allows a driver to refuse a breath or blood test, unless a judge issues a search warrant.

The idea behind DWI No Refusal Weekends is this: law enforcement wants you to make it easy for them to get evidence to convict you if you have done something wrong. However, among the many problems with DWI testing administered by law enforcement, breath test evidence is the most unreliable scientific evidence because it is based upon the theory of getting air from the lungs, and testing it for alcohol saturation. In truth, that is not where breath alcohol comes from. Breath alcohol comes from the entire air system throughout your body–not just the deep lung area making the breath test fundamentally flawed and inaccurate.