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Thursday, January 14, 2021

What Are DUI and DWI Offenses in Texas?


The terms DUI and DWI often get mixed up, intertwined, and used interchangeably. They do, however, represent different offenses in the State of Texas. Furthermore, there are other offenses related to a DUI or DWI charge that a person may face as well. Here, we will discuss some of the different


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Tuesday, September 8, 2020

Should You Submit to a Breathalyzer Test in Texas?


If you are pulled over in Texas on suspicion of DUI/DWI, then you may be asked to submit to a Breathalyzer test. Law enforcement officials administer such a test to driver’s whom they believe to be operating a vehicle under the influence of alcohol. Some people may refuse to take a Breathalyzer test to avoid having evidence of their intoxication that could later be used against them.


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Monday, February 17, 2020

Smoking Can Affect Your Breathalyzer Test Results


How can smoking lead to inaccurate readings on a breathalyzer?

Worldwide, about one billion people are smokers, representing about 20 percent of the world’s population. For many occasional smokers, drinking and smoking go hand in hand. Breathalyzer tests have come under criticism in recent years from their potential inaccuracies. As more studies come out demonstrating that no two individuals metabolize alcohol the same, it is becoming apparent that the days of accepting breathalyzer test results as clear cut evidence of intoxication are over. Smoking has been found to be just one of many factors that could lead to inaccurate breathalyzer results.
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Monday, August 12, 2019

Supreme Court Rules Police Can Order Blood Tests on Unconscious DUI Suspects


Under what circumstances can a blood test be ordered on a DUI suspect in Texas?

Recently, the United States Supreme Court ruled that police officers can lawfully order blood tests on unconscious DUI suspects. The ruling came as a surprise as it goes in the face of a previous court ruling that declared blood tests on unconscious suspects can only be ordered with a warrant or exigent circumstances. This important case titled Mitchell v. Wisconsin will have an effect on law enforcement departments across the nation as well as DUI defendants in Texas and elsewhere.

Mitchell v.


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Tuesday, January 29, 2019

Challenging Field Sobriety Test Results in Texas


What medical conditions might impact the walk-and-turn test?


The state of Texas has taken a harsh stance on drunk driving, with officers across the nation focused on finding and punishing those who drink and drive.  Per Texas law, anyone driving with a blood alcohol level of .08 or higher could face DUI charges.  Further, anyone who is found to be under the influence of drugs while driving can be convicted of a DUI.  Police officers in Texas and across the nation often use a series of field sobriety tests to gather evidence of your intoxication.
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Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.



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