Boating While Intoxicated on 4th of July

July 2, 2016
Jamie Balagia joins Kimberly today to talk about this Fourth of July weekend and how it can be dangerous. So many people choose to grab the keys after they have had too much to drink. Jamie Balagia, DWI Dude, has got you covered with his app because he doesn't want to see you in his office. For more information check out his app and website.
read more

Can I get busted for driving under the influence of marijuana?

April 18, 2016
A big problem right now on the nation is enforcement of driving while intoxicated or driving under the influence. They are giving a field sobriety test that has only been field tested for alcohol. And that test is already a pathetic joke. But there has been no legitamate testing that has been done in reference to have someone who is intoxicated by cannabis, and how they would perform on this tests, and therefore how these balance tests would reflect the intoxication of a person who is driving a vehicle.
read more

Is the smell of marijuana probable cause for police to search your car?

April 18, 2016
What can an officer do if he says he smells marijuana in my car? Unfornatelly in Texas the law says that if an officer can articulate that he smells the owner of either fresh marijuana or burning marijuana, that's just improbable cause to blame that you may had it in your possesion or in your vehicle. So he has the right to search not only your vehicle but also to do a pat down on you. Your protected from a more intensive search on your body, but if he can articulate that he has the smell of drugs or alcohol, he can do one of two things.
read more

Can you be ordered out of your car for a previous arrest record?

April 18, 2016
This is a review of the citizen recording of a police stop: https://www.facebook.com/mediatakeout/videos/1256476857717592 This gets a little silly in the last ninety seconds, but I think he articulated quite well his reasons for why he thought he was treated unfairly. I'll take out the aspect of his race, and just talk about any citizen male or female who is pulled over. The police do have a right to protect their safety and there is limited rights to search a vehicle for weapons...
read more

Avoid a DWI with The DWI Dude

April 11, 2016
This week, I was featured on Fox News in San Antonio to speak on the no refusal weekend happening this week during fiesta. No Refusal is a policy, it is NOT a law. Your constitutional rights are not suspended and you have the right to refuse many of the tests. If the police do not have a warrant for a blood draw, they can not take one without your consent. Some of the questions that were asked that put the host and crew in shock! If you take the breath test and show under .08, can you still...
read more

Possession of Marijuana: Penalties and Defenses

April 4, 2016
Possession of marijuana is no longer a criminal offense in some states and jurisdictions. While the fight for decriminalization of marijuana is widening, Texas continues to consider possession of marijuana as a criminal offense, with strict penalties for prosecution. Unfortunately, with the changing laws related to marijuana use and possession, and inconsistency between state laws, it can be confusing to understand your rights, possible penalties you could face if criminally charged, and what defenses...
read more

Texans Wide Receiver Jaelen Strong Arrested for Marijuana Possession

April 4, 2016
Being arrested and accused of a crime can have serious consequences on the life of any Texas resident. For individuals who live in the “lime light,” the consequences of an arrest can be even more devastating to their reputation and professional endeavors. Such is the case for Houston Texans wide receiver Jaelen Strong, who was recently arrested for marijuana possession.  According to media reports, Strong was a passenger in a Maserati when police executed a traffic stop.
read more

The new DWI Dude App

March 13, 2016
Check out the new DWI Dude app, from dwidude.com . We've completely overhauled the interface. Check your estimated blood alcohol level, based on your weight, and how many drinks you've had. Know how to handle an encouter with the police in Texas - whether you have been drinking or not. And record any encounters. Anything you do or say WILL be used against you. But if a conversation between you and the police is in your favor, it's not uncommon for the police to delete their footage.
read more

Marijuana Legalization in Texas – 420Dude

May 25, 2015
This is the speech I gave in front of the capitol in Austin, at a rally to legalize Marijuana. Today, the majority of Texans support the legalization of marijuana. It’s time for the leadership of our state to listen to the voice of the people of Texas. It’s time for the politicians listen to us who, regardless of political party affiliation, support legalization. All Texans count equally and we deserve respect from our elected officials.
read more

House Bill 184

March 12, 2013
Texas maybe getting closer to realizing the need for change when it comes to prosecuting marijuana users.  If you are busted for marijuana, even a small amount you will face serious punishment.  House Bill 184 would change that. Right now in Texas if you are caught with an ounce of marijuana, you'll face up to 180 days in a jail and a fine of $2,000. If House Bill 184, sponsored by Representative Harold Dutton of Houston, becomes a state law you wouldn't get locked up and the fine would be $500.
read more