What’s considered a threat in Texas? Well, we could be talking about several different things but say if a person is threatened with a gun, then, that could be the offense of aggravated assault with a deadly weapon. If a person is threatened with imminent bodily injury, that could be just a Class C-Level offense of assault, punishable by fine only.

If a person is threatened more seriously, like, “I’m going to kick your butt right now,” that could be a terroristic threat, which is kind of interesting because the term of the offense, the name of the offense, has terroristic in it. And that makes us think of modern things such as terrorist. And this is not involving a terrorist at all, but that’s a Class A misdemeanor offense of a terroristic threat. But then, it can get a little more complicated.

For instance, I’ve had a case where a person said, “If you don’t fix the roads, I’m going to kick your butt.” And that was charged as a terroristic threat, but a court found that actually it wasn’t because it was conditional.

So, the thing is, if you’re going to threaten somebody under terroristic threat, it’s got to be right away and not conditioned on something. So, we could be talking about several different things when we’re talking about threats in Texas. But typically, we’re talking about someone being threatened with a weapon, a gun, a knife, or being threatened verbally with imminent bodily injury or a serious bodily injury or something like that.

Summary

In Texas, a threat can be a weapon, gun, knife, or verbal threat with imminent or severe bodily injury. A Class C-level assault or a Class A misdemeanor offense of terroristic threat can be used. However, a conditional threat, such as “I’m going to kick your butt right now,” can be considered a terrorist threat. In Texas, threats can be aggravated, imminent, or severe, depending on the nature of the threat.

Well, this is a pretty frequent question that we get, and a lot of people refer to all DWIs as DUI. In many states, it’s called a DUI, but in Texas, the offense that we’re usually talking about is DWI, driving while intoxicated.

Now, there is an offense of DUI driving under the influence in Texas, but that only applies to people under 21. So if a person under 21 is not supposed to be drinking at all anyway, because of their not being 21 years of age, they could be arrested for and ticketed for years of age. They could be arrested and ticketed for having any amount of alcohol in their system. So they may be under the influence, but they haven’t risen to the level of being intoxicated, that is, not having the normal use of mental or physical faculties because of alcohol. So they may be charged with DUI. 

Now, that’s just a Class C traffic ticket-level offense punishable by a fine of only up to $500 fine. But it carries consequences of possibly being on a person’s record for the rest of their life. It also carries the consequence of possibly causing a suspension of the person’s license for 60 days or more. So it’s very important to try to keep from having a DUI conviction and it’s very important to keep from having the DUI consequence of a suspension of the license.

So if a person under 21 gets ticketed for DUI driving under the influence, they do have a right to an administrative hearing regarding whether or not their license is suspended. These hearings have to be demanded within 15 days of the date the person was ticketed or arrested for DUI. It’s important to not let that time period expire, otherwise, there’ll be an automatic suspension of 60 days. But by demanding that hearing, that keeps the suspension from going into effect. We can often win these hearings so that a person doesn’t have to go through the suspension of their license or pay the $125 reinstatement fee once the suspension period is over.

So it’s very important to not get the DUI, but if you do, to get good representation to demand the hearing, try to prevent the suspension of the license and prevent this from being on your record.

Summary

While many states use DUI, Texas mainly uses DWI (driving while intoxicated). DUI in Texas applies to those under 21 if they have any alcohol in their system. It’s a Class C traffic offense, fined up to $500, with a potential license suspension. Requesting a hearing within 15 days of the ticket prevents an automatic 60-day suspension. Getting legal representation helps avoid DUI consequences like a license suspension and a lifelong record.

Can my driver’s license be suspended after a DWI arrest in Texas? Well, yes it can, but it may not. Here’s the mistake that a lot of people make. When the officer’s telling them that, “I might question about your breath, and if you refuse, then your license may be suspended for six months.”

Well, that’s what they do to try to coerce people into submitting to a breath or blood test, but this is kind of buried within the warning in there. It’s something that you’re not gonna hear or understand, especially under the circumstances, and the stress, and the nervousness because it is confusing.

But a person has a right to a hearing on whether or not their license will be suspended for allegedly refusing a breath or blood test in Texas. You can refuse that breath or blood test, and your license still may not be suspended if a hearing is demanded timely.

Now, usually, when a person is arrested for DWI and they refuse a breath or blood test, they get a notice of suspension. That notice of suspension states that their license is gonna be suspended, effective 40 days after the day of the arrest. It’s not suspended for 40 days, even if it ever is suspended. But, it also tells the person that they have a right to a hearing as long as that hearing is demanded within 15 days of the date of the arrest.

That hearing can often be won so that the license is not suspended. Even if the license is suspended, then it’s possible to get an occupational license issued to cover that period of suspension. So, you can still get to work on the essential things.

It’s best to refuse even though there may be a risk of suspension. Also, if you don’t refuse, you may get the suspension anyway if the test is over 0.08. If that happens, then your license can be suspended for failing the test. So, always refuse and then demand the hearing, and that hearing can possibly be won.

If that hearing is won, then you get your license back without having to go through the suspension period or pay the reinstatement fee. Also, it’s important to exercise that right to the hearing because, at that hearing, it’s possible to cross-examine the arresting officer at a time when that officer’s not been coached by the prosecutor. So, the officer can be pinned down on issues that may ultimately allow the case to be won, or the case to be thrown out, or evidence to be ruled inadmissible.

It’s important to refuse the test, to demand the hearing, to try to win that hearing and to use that hearing as a chance to cross-examine the arresting officer.

So, even though it’s possible for a person licensed to be suspended after a DWI arrest. It’s possible if they refuse or even if they consent and fail a test, it’s always best to refuse and then demand the hearing and try to win that hearing.

Summary

Your driver’s license can be suspended after a DWI arrest in Texas, especially if you refuse a breath or blood test. However, it’s crucial to know that you have the right to a hearing, and if demanded timely, you can avoid license suspension. It’s recommended to refuse the test, demand a hearing, and use this opportunity to cross-examine the arresting officer. 

How to solve criminal law problems in Texas? When looking at criminal law problems in Texas, you’ll look at them from the standpoint of legal issues, factual issues, constitutional issues, and sometimes a violation of constitutional rights. Those might be some ways to solve the legal problems with representation. There might be ways to solve legal problems, such as taking proactive steps, counseling, community service, restitution, and donations. There are different ways to solve criminal law problems in Texas. But almost always, the best way to solve those criminal law problems in Texas is with representation.

Summary

Addressing criminal law issues in Texas goes beyond mere legal procedures; it requires a comprehensive grasp of the law, the facts, and the social context. Focusing on solid legal representation coupled with alternative, community-focused strategies, Texas provides a holistic model for managing legal challenges effectively, aiming for results that benefit individuals and the broader community.

Is Delta 8 legal in Texas? Well, that’s a very good question and actually, it’s unclear. There are ongoing appellate issues right now concerning whether or not Delta 8 is legal. But the important thing to remember when we’re talking about what is illegal in Texas, we’re talking about marijuana which has greater than 0.3% THC (Tetrahydrocannabinol). 

Usually, when they’re talking about the psychoactive ingredient in marijuana, it’s THC, and that’s usually talking about Delta 9. But Delta 8 also can be psychoactive, and so it’s unclear right now whether or not Delta 8 is illegal. 

So to be safe, you ought to consider it illegal, although it is actually unclear right now. But the bottom line is if marijuana has greater than 0.3% THC, it’s going to be considered illegal.

Summary

The legality of Delta 8 in Texas remains uncertain due to ongoing appellate issues. While Delta 9 THC is typically associated with marijuana’s psychoactive effects, Delta 8’s status is ambiguous. To be cautious, it’s wise to consider it illegal until clarified, particularly if the THC content exceeds 0.3%.