Trichter & LeGrand, P.C.

10/07/2026

WHAT HAPPENS AFTER “NOT GUILTY” IN A TEXAS DWI ARREST?

While the best outcome in a DWI case is a not guilty, you need to know that a DWI arrest record never goes away, unless you request an expunction of your record.

An expunction allows the State of Texas to erase all the related DWI records to your case that were generated by the arrest.

It’s like a legal time machine that brings your records back to the time before you were arrested making sure they are permanently and completely removed.

Texas DWI Arrest Records
How many records?

Let’s say a police officer in the City of Houston arrests you, the City will have a record that they will file with the Police Department.

The Sheriff’s Office will have one when you are jailed and the Clerk’s office will have one when your case is filed.

The District Attorney’s Office will have another record when they prosecute your case and, finally, the Texas Department of Public Safety will have one in relation to your driver’s license and criminal history. Read More:

What happens after “Not Guilty” in a Texas DWI arrest? A DWI arrest record never goes away, unless you request an expunction.

10/05/2026

Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding?

Absolutely! You should have legal representation in your Administrative License Revocation or ALR hearing. According to the State of Texas, the ALR Program is“a civil administrative process unrelated to criminal court proceedings, in which individuals arrested for driving while intoxicated (DWI) or boating while intoxicated (BWI) who refuse to take or who fail a blood or breath test attempt to save their driver’s license.”

The best reason to request an ALR hearing is to try to save your driver’s license. Watch this short video to learn more:

If charged with a DWI, you may have a lot of questions about what an ALR hearing is. Our skilled lawyers have the answers you need.

10/02/2026

WHY WE LIKE VIDEO IN DWI CASES

Video in DWI cases has been one of the best things law enforcement has done to assist them in showing the truth.

While the act of taking video is a right you cannot refuse, the fact is, video simply does not lie.

It shows exactly how you behaved and how you sounded when the officer pulled you over.

It also shows how their evaluation and sobriety tests were conducted.

Video is a great “leveler” for people who don’t tell the truth whether it’s the accused or the arresting officer.

Because law enforcement is trained to evaluate drivers with a different set of eyes, they sometimes see only what they are looking for as opposed to what really happened.

There are plenty of cases where an arresting officer describes a very different person in their arrest report than what a jury may see on video when a trained DWI Specialist points out the facts.

So, the next time you’re wrongly arrested for DWI, smile for the camera because the facts will be on your side. Read more:

Why we like video in DWI cases. It's a great “leveler” for people who don’t tell the truth whether it’s the accused or the arresting officer.

09/30/2026

DWI SOBRIETY TESTS ARE DESIGNED TO FAIL YOU:

It’s no surprise that DWI sobriety tests are designed so that you will fail them. According to the National Highway Traffic Safety Administration’s website:

“The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests are administered systematically and are evaluated according to measured responses of the [potential suspect].”

What are the flaws of DWI field sobriety tests?
The SFST tests are unfortunately designed to fail people because an officer doesn’t have to tell you what they’re going to grade you on—and that’s just ridiculous!

Imagine if your child came home from school and said, “I got a 98 today on my math test, but I failed.”

Read More:

Blog Category: DWI Sobriety Tests. Check out our latest posts and related subjects when you visit the blog of Law Offices of Gary Trichter. Let us keep you informed!

09/28/2026

Ways a DWI Charge Can Be Dismissed in Texas

Ways a DWI charge can be dismissed in Texas
There are a few ways a DWI charge can be dismissed in Texas. Here are some possibilities:
Illegal traffic stop: If the police officer didn’t have a valid reason to pull you over, it could be considered an unlawful traffic stop. If a judge agrees with this argument, the DWI charge could be dismissed.

Lack of probable cause: The police must have a reasonable suspicion that you were driving under the influence to make a DWI arrest. If there is no clear evidence or probable cause, a lawyer can argue that the charge should be dismissed.

Issues with field sobriety tests: Field sobriety tests are not always accurate indicators of impairment. If the tests were improperly conducted or there are doubts about their validity, a lawyer can challenge their reliability, which could lead to the dismissal of the charge.

Problems with breathalyzer or blood tests: Breathalyzer or blood tests are commonly used to measure blood alcohol concentration (BAC). However, these tests can be flawed or mishandled. If there are issues with the administration or accuracy of these tests, a lawyer can argue for dismissal of the charge.

Violation of your rights: If your constitutional rights were violated during the arrest or investigation, such as improper search or seizure, a lawyer can challenge the legality of the proceedings. If successful, the DWI charge may be dismissed.

Insufficient evidence: If the prosecutor lacks enough evidence to prove beyond a reasonable doubt that you were driving while intoxicated, a lawyer can argue for the dismissal of the charge due to insufficient evidence. Read More:

There are a few ways a DWI charge can be dismissed in Texas. Here are some possibilities:

09/25/2026

PILOTS ARRESTED FOR DWI: WHAT YOU NEED TO KNOW

What A Pilot Needs To Know If Arrested For DWI or Faced With A Driver's license Suspension Choice
I. Introduction: The Problem for the Pilot in a DWI
The general public has no idea how unfairly pilots are treated by the Federal Aviation Administration (FAA) when they are arrested for DWI. The FAA does not presume the pilot defendant to be innocent, but rather, guilty!

Moreover, the FAA presumes without any backup information, that all breath and blood test results are accurate and reliable. In short, from an FAA enforcement perspective, there is a stacked deck against the pilot.

That being said, what is a pilot to do after being arrested for DWI? Should the pilot submit to a blood or breath test request or refuse it? Regrettably, there are no easy answers to these questions other than pilots should never drink and drive because the costs are just too high.

For the pilot who has been arrested for DWI, the only sage advice to embrace is to get the very best DWI/license suspension/Expunction lawyer you can get.

Importantly, this lawyer needs to both be knowledgeable and experienced in the Federal Aviation Regulations (FARs) so that the DWI pilot defendant can be guided through the FARs minefield.

Knowledge of the 60-day reporting rule, medical certificate expiration times, and Texas Expunction Law are critical to avoiding a suspension/revocation/deferment of a medical certificate.

This should not be the time to pinch pennies because there is so much riding on the outcome of the DWI/ license suspension prosecutions. Of import, because there are two prosecutions, the FAA has two shots at suspending and/or revoking and/or deferring the pilot’s medical certificate.

Unbelievable as it may sound, in most cases, the FAA takes the position that not only will the pilot be presumed guilty, but also, they will be presumed to have an alcohol abuse problem. Watch the full video:

Pilots Arrested For DWI: What A Pilot Needs To Know If Arrested For DWI Or If Faced With A Driver's License Suspension Choice.

09/23/2026

WHAT SPECIAL CONDITIONS ARE PLACED UPON BOND FOR DWI IN TEXAS?

For a first offense, DWI bond conditions are a matter of discretion for the court.

However, if you are charged with a subsequent offense of DWI in Texas or a first offense of intoxicated assault or manslaughter in Texas, you are required to install a vehicle ignition interlock device on your car and are not allowed to operate a motor vehicle that is not equipped with an interlock device.

This interlock device determines the presence of alcohol in your breath.

If the device detects a certain level of alcohol, the vehicle is temporarily disabled.

DWI Bond and Interlock Devices
A judge may, however, decide that justice would not be served by installing an interlock device on your vehicle, and can excuse its installation.

Conversely, some judges require that all DWI defendants, even first offenders, install an interlock device on their car.

In certain circumstances, the court may prohibit operation of a motor vehicle, period.

Additionally, the court may order an accused to abstain from alcohol and non-prescribed drugs.

The court will enforce this order by drug testing; an interlock device with ordered, scheduled blows; a portable interlock device in cases where no driving has been ordered; or, in extreme cases, a SCRAM device, which is an ankle monitor that must be worn 24 hours a day that continuously monitors for alcohol consumption.

Houston DWI Lawyer - DWI Specialist Gary Trichter - Being Charged With A DWI Doesn't Mean You're Guilty! Most Of Our Cases Dismissed. Your Free Consultation Is Just One Call Away.

09/21/2026

This Is Why You Should Refuse The Breathalyzer

Specifically when it comes to the breath test, if you know you are going to be below the legal limit then blow.

If you get to the point where he is asking you for a breath test then ninety-nine times out of a hundred you are going to be arrested.

So whether you say yes or no, it is not going to change the outcome right then and there.

So if you know that you are going to be arrested, and you typically are at that point, but you have a strong belief that you are going to come in below the legal limit based on the amount of alcohol you have had, then you really should probably go ahead and take the breath test.

Because if you pass it you are probably going to get let go.

It is not always that way but there is a much better chance.

Now I think most people who find themselves in this situation are not going to have that level of confidence.

They are not going to know if they are below the legal limit or not.

Most of us do not know what our limit is or the actual legal limit.

We don’t know how many beers, glasses of w**e, or mixed drinks it’s gonna take us to get to .08 and there is a lot of different factors that play into that.

Things like how quickly you drank them, what your body weight is, what you had for dinner and the last time you ate.

So if you are in that gray area, which most people will find themselves, my advice to you is not to provide the breath test because you are giving them a piece of evidence that they can use against you.

Just about every time they are going to be able to use that piece of evidence in court because you are consenting to it.

When you refuse the breath test you put the officer in a position where he is going to have to go seek a warrant from a judge to draw your blood.

They almost always will, but if they do that, that puts a few more hurdles in their way they have to get over.

So for the typical person I am going to recommend that you do not comply and give a breath test because we want to have as many hurdles in the way later on down the line when we are defending your case because it is going to give us more opportunities to try and get favorable results for you. Listen to the podcast:

If you get to the point where he is asking you for a breath test then ninety-nine times out of a hundred you are going to be arrested.

09/18/2026

CHANCES OF GETTING A DWI DISMISSED

What are the chances of getting a DWI dismissed?
That is a question I get an awful lot.

The answer is, it depends.

The reason I say that is, it really depends on the circumstances under which you get pulled over and what was happening before.

My first piece of advice to anyone who gets pulled over is to be respectful, polite, and answer the questions that the officers are asking you.

Officers are always going to appreciate someone that is polite, respectful, that feels that they feel is being compliant because, as we all know, being a police officer can be a dangerous job and if you are resistant or you are non compliant in anyway it certainly pushes you into in an area where this interaction is not going to go so well for you.

So that is my first piece of advice.

When you get pulled over, just be polite, be respectful and cooperate as much as you can.

I think people’s natural inclination is to be cooperative and just do what the police officer is asking you to do.

I think we are all brought up in that way, if a police officer stops you and asks you some questions you better do what it is that he is asking you to do or else you are going to get in trouble.

To a certain extent that is true, but there is a point when you start to put yourself in a position where you are making it more likely you are going to get arrested or if you end up getting arrested.

Regardless, you are making it more difficult on your defense attorney later down the road to get to a favorable result in your case.

Specifically when it comes to the breath test, if you know you are going to be below the legal limit then blow.

If you get to the point where he is asking you for a breath test then ninety-nine times out of a hundred you are going to be arrested.

So whether you say yes or no, it is not going to change the outcome right then and there.

So if you know that you are going to be arrested, and you typically are at that point, but you have a strong belief that you are going to come in below the legal limit based on the amount of alcohol you have had, then you really should probably go ahead and take the breath test.

Because if you pass it you are probably going to get let go.

It is not always that way but there is a much better chance.

Now I think most people who find themselves in this situation are not going to have that level of confidence.

They are not going to know if they are below the legal limit or not.

Most of us do not know what our limit is or the actual legal limit.

We don’t know how many beers, glasses of w**e, or mixed drinks it’s gonna take us to get to .08 and there is a lot of different factors that play into that.

Things like how quickly you drank them, what your body weight is, what you had for dinner and the last time you ate.

So if you are in that gray area, which most people will find themselves, my advice to you is not to provide the breath test because you are giving them a piece of evidence that they can use against you.

Just about every time they are going to be able to use that piece of evidence in court because you are consenting to it.

When you refuse the breath test you put the officer in a position where he is going to have to go seek a warrant from a judge to draw your blood.

They almost always will, but if they do that, that puts a few more hurdles in their way they have to get over.

So for the typical person I am going to recommend that you do not comply and give a breath test because we want to have as many hurdles in the way later on down the line when we are defending your case because it is going to give us more opportunities to try and get favorable results for you. Read More:

What Are The Chances Of Getting A DWI Dismissed? In this interview DWI attorney Aaron White discusses the ways that A DWI can be dismissed.

09/16/2026

CAN TEXAS SUSPEND MY LICENSE IF I RECEIVED A DWI IN ANOTHER STATE?

No. Texas cannot suspend your license if you receive a DWI in another state, but it can, however, prevent you from applying for a Texas license during the period of suspension.

It can also notify the state issuing your license of the Texas suspension and ask that the issuing state honor it.

Here, you should know that Texas and most other states belong to the Interstate Driver License Compact (kind of a treaty amongst the states), and if the issuing state is a Compact State, it will honor the Texas suspension.

Lastly, it is improper for a law enforcement officer to seize a license issued by another state.