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Tessmer Tips / 11.12.2015

DWI Fact #5: What will happen after you are arrested for DWI?   Generally speaking, following an arrest for DWI in Texas, you will be taken first to the police station or county jail. Once at the station or jail, you will be asked to submit to a breath test.  Or, if you have refused the breathalyzer, a warrant will be obtained to draw your blood.   Keep in mind, you are already under arrest and you are not going home if you take the breath test and pass. You will still be charged with driving while intoxicated by not having the normal use...

Tessmer Tips / 10.12.2015

DWI Fact #4: What happens during a DWI stop?   Most people are stopped for DWI in the evening or early morning hours. If you are driving during that time and you get pulled over by the police, there is a good chance that you will be asked to perform tests and provide a breath sample.   When stopped, remember that the officer can only detain you for as long as it takes to complete the purpose of the stop. You do not have to answer any questions. In fact, answering questions may inadvertently cause the officer to suspect you are intoxicated.   Once the officer...

Tessmer Tips / 09.12.2015

DWI Fact #3: How much is too much?  That’s the wrong question to ask because it assumes that there are a fixed number of drinks that are acceptable before you get behind the wheel. That is not the case.   For example, if you are taking medication, one drink could put you at risk. For some people, it often takes very little alcohol to become legally drunk and certain physical characteristics such as weight, gender and body fat percentage can all be factors in the equation. Eating can also affect your outcome – you are more likely to fail a blood alcohol...

Tessmer Tips / 08.12.2015

DWI Fact #2: Mostly, DWI crimes are related to your BAC when operating a motor vehicle.  However, officers can arrest you for other alcohol-related crimes involving your vehicle.   For example, it’s illegal to have an open container of alcohol in the passenger area of your vehicle if you’re driving or parked on a public highway (Texas defines the “passenger area” as the area designed for people to sit in while traveling).  A simple open container violation results in a maximum $500 fine and a Class C misdemeanor. However, if you’re arrested for DWI and open container, you’ll get a Class B misdemeanor and a...

Tessmer Tips / 07.12.2015

This is the season for all those holiday happy hours and parties, but don't let those holly jolly times have you making a mistake by drinking and driving!   This week on our Tessmer Tips blog, the subject is DWI Facts.   DWI Fact #1:  If you drink and drive and the only thing that happens is that you get charged with a DWI, you are actually lucky. It could be much worse. According to the Texas Department of Transportation, someone dies in an alcohol-related accident once every 5 hours. In 2013, Texas led the nation with 1,337 drunk-driving fatalities. It is easy to distance...

Tessmer Tips / 20.11.2015

If you cannot comply with an order garnishing your wages or money in your accounts because of your military service, under SCRA you may request that the court temporarily stop your money or property from being taken. This right applies only to actions and proceedings that were commenced against you before your period of military service, during your period of military service, or within 90 days after your period of military service ended.   If your health insurance was canceled while on active duty, it can be reinstated without loss of benefits, waiting periods or penalties in most cases. Life insurance is...