In 2010, a 61-year-old Texas man visited a local emergency room and presented with symptoms of “unexplained intoxication.” Although the man’s blood-alcohol concentration was nearly five times the legal limit for driving while intoxicated, he apparently had not had any drinks that day. Doctors suspected the patient was simply lying about his alcohol use, but during a subsequent controlled 24-hour hospital stay, tests revealed the man’s blood-alcohol concentration rose to 0.12 percent without ingesting any alcohol whatsoever.

It turned out the patient suffered from a bacterial infection which produced “an overabundance of brewer’s yeast in his gut.” Brewer’s yeast is present in many common foods and drinks. In this case, the yeast did not pass through the body, but rather remained in the patient’s system. When he subsequently ingested additional starchy foods or drinks, this excess yeast fermented the sugars into alcohol. In plain language, the patient’s body was brewing its own alcohol.

Buffalo Woman Beats DWI Charge Due to Condition

This rare condition has been dubbed “auto-brewery syndrome.” Although documented cases date back to the 1970s, there apparently have been no controlled studies conducted within the United States. There have only been isolated cases like the Texas patient described above.
Still, there is at least one recent legal case where a person charged with DWI successfully pleaded auto-brewery syndrome as a defense. According to CBS News, the defendant, a woman from Buffalo, New York, was arrested for DWI after a Breathalyzer test indicated she had a blood-alcohol concentration of 0.33 percent, more than four times the legal limit. Yet the defendant claimed she had not been drinking.

The defendant’s DWI defense lawyer contacted one of the doctors who conducted the study of the Texas auto-brewery syndrome patient. The attorney also arranged for medical personnel to monitor his client’s blood-alcohol level. As it turned out, the medical evidence led to a diagnosis of auto-brewery syndrome. A Buffalo judge dismissed the DWI charges after reviewing this evidence. The case file was sealed and the defendant’s identity has not been made public.

Get Help With Your DWI Case

It must be emphasized that auto-brewery syndrome is a rare condition and even if a person has it, that is not necessarily a defense to DWI. In the New York case, the defendant did not know she had a medical problem until after her arrest. A court will treat a defendant much differently if he or she is aware of a condition that impairs their ability to drive prior to arrest.
Even if you do not have an unusual medical condition, if you have been charged with drunk driving, you will still need legal advice from a qualified Austin DWI lawyer. Contact the attorneys at The Law Office Of Robert L. Buford today if you need immediate assistance.

If you are arrested for driving while intoxicated (DWI), it is no surprise to most people that they immediately acquire a host of problems. However, in addition to the legal difficulties, it is not uncommon for employers to fire employees who have been charged with something most people see as reckless and rash. You should be aware that in Texas, it is not only possible, but legal, for an employer to terminate you if you are arrested for DWI, though you can only help your case by knowing the ins and outs of the relevant law.

Employment Law in Texas

Texas is what is referred to as an at-will employment state, which means that with certain exceptions, an employer may terminate an employee for any reason. An employee who has a contract of employment has some recourse, in that an employer may not wantonly violate explicit contract terms, but otherwise, the only grounds an employee has to contest termination is alleged discrimination.

Texas also recognizes what is referred to as the public policy exception: in other words, a person cannot be terminated or otherwise disciplined for refusing to commit an act that shocks the public conscience. For example, if a manager demanded that an employee perjure themselves in court on behalf of the company, the employee could not be fired for refusing.

Are You Likely To Be Terminated?

While Texas is an at-will state, there are some employers who will be more understanding than others, as one might expect. However, certain professions are often held to a higher standard, making it more likely that you will be disciplined or fired. Examples include:

Drivers or other transportation workers. It is not uncommon that those who drive for a living would find themselves looking for work after a DWI; an employer could reasonably conclude that employee was no longer trustworthy.
Teachers and other workers who occupy high-profile positions of responsibility. Law enforcement officials, especially high-ranking officials, would also fit this role.
Those who drive as a part of their job, such as traveling businessmen or postal workers. If a worker can no longer be trusted to do part of their job, it is reasonable to assume they would not be able to perform all the functions of their job.

Obviously, the only real way to know if you will face discipline or termination for a DWI is to know your employer, but if you are indeed let go, there are steps you can take to make getting a new job easier, such as seeking expungement of your record (if the facts permit).

An Austin Criminal Defense Lawyer Can Assist You

The best way to safeguard your career prospects is to seek an experienced and knowledgeable attorney to help you through the DWI process while minimizing the damage. The dedicated Austin DWI lawyers at The Law Office Of Robert L. Buford are ready, willing and able to share their knowledge with you. Contact our offices today to discuss your option.

If you are pulled over for driving while intoxicated (DWI) in Texas, there is a chance that the law enforcement officer pulling you over may have once been on the receiving end, especially if you live near Austin or Houston. While a DWI is a serious offense, it does not mean that you must give up your dream job if you are charged with one. This is even true in fields like law enforcement.

General Outcomes

In general, there are certain factors that are considered when a police officer is found to have driven while intoxicated. Many jurisdictions have zero tolerance policies, resulting in officers’ termination if they are convicted, especially for felony charges. However, those that do not immediately terminate officers consider several issues, including:

• The severity of the incident. Was anyone harmed? Did property damage occur? A civilian would be charged with at least a second-degree felony under Texas law if they caused injury to another person, depending on the specifics; an officer may wind up charged with the same thing if the facts warrant it.
• The officer’s previous driving record. Even if they do not have any other DWIs, an officer may have been previously cited for driving recklessly or too quickly; any previous discipline for driving or alcohol-related offenses would speak in favor of termination.
• Whether or not the officer was on duty at the time of the incident. Drinking on duty is almost always grounds for termination, as it will violate the officer’s terms of employment, as well as possibly result in a loss of certification, as well. Off-duty drinking is obviously frowned upon, but would not necessarily result in instant termination.

Texas Specifics

If you have a dream to become a police officer, as opposed to being one already, the general rule is that you can still apply if you do not have a felony conviction on your record. However, certain departments have more specific rules. For example, the Austin Police Department lists a DUI or DWI conviction within the past 10 years as something that could potentially disqualify you from joining the force.

In Texas specifically, results vary in terms of encountering law enforcement officers who have been on the wrong side of a DWI charge. Dallas, most recently, demonstrated zero tolerance for such things – between 2006 and the present, more than 30 officers have been terminated for DWI and related offenses. However, departments such as Houston and Austin tend to be somewhat more forgiving, offering probation and suspension of licenses instead of immediate firing.

Seek The Help Of An Austin Criminal Defense Lawyer

If your heart is set on becoming a police officer, but you have a felony conviction, all is not lost. An experienced criminal law attorney may be able to help explain or expunge your conviction to the proper authorities – at the very least, more information can only help you. The knowledgeable Austin DWI lawyers at The Law Office Of Robert L. Buford are happy to answer questions. Contact us at 512-476-4444 to schedule an appointment.

In this day and age, some people tend to regard driving while intoxicated as ‘not a big deal,’ especially if it happens in a rural area. This type of thinking is not only incorrect, it can be dangerous and can prove incredibly costly for you and your loved ones. Part of this thinking, however, may be because specific information about Texas DWI laws is often difficult to come by unless you know exactly what to look for. Here are some tips that can help you avoid a DWI or get through one more easily.

#1. Some DWIs will be misdemeanors, but many will qualify as felonies. Many people labor under the misapprehension that a DWI is always a misdemeanor unless someone is injured or killed. This is not the case – while injuring someone or killing them will almost certainly qualify as a felony, there are other reasons that a DWI would merit the harsher charge.

For example, Texas law holds that a DWI will classify as a third degree felony if someone has previously been convicted of a similar offense in another state. If you are charged with DWI while you have a child passenger in your car, it constitutes a state jail felony. These will happen regardless of other factors like how fast you might have been going.

#2. You will almost certainly have your license suspended. Texas law mandates the suspension of your license after a DWI conviction, though judges and juries are permitted to recommend that your license not be suspended. Generally, if your blood alcohol content (BAC) registers as over .08, or if you refuse to take the test, a suspension will result. You can appeal, but you may not win. If you are convicted in court, a suspension is automatic under Texas law.

#3. For a first offense, community service is an option, but it can come with many different caveats. Normally, a DWI carries a penalty of fines and at least three days in jail (or more, if you had an open container in your vehicle). However, judges and juries are able to sentence you to community service instead. Community service will keep you out of jail, but it will require you to jump through several hoops in order to remain there. For example, you may be made to be evaluated by an addiction counselor, to see if you require more help, or you may be required to allow an ignition interlock device to be put on your car for a certain period of time.

#4. Your car insurance rates will almost certainly rise, or you may even be dropped from your policy. Insurance companies are in the business of making money, and it can be cost prohibitive to insure someone who drives while intoxicated. If you are convicted of DWI, especially if it happens more than once, you stand a good chance of being dropped by your insurance company.

#5. A DWI stays on your record for as long as seven years, and may stay longer. In Texas, employers are allowed to conduct background checks dating back up to seven years, and if you are applying for a job making more than $75,000, they may look even further back. A DWI can be the difference between hiring and being passed over.

An Austin Criminal Defense Lawyer Can Help

Even knowing what to expect in a DWI proceeding cannot make the process much easier or less frightening. A knowledgeable Austin DWI attorney is your best bet, and the skilled Austin DWI lawyers at The Law Office Of Robert L. Buford are happy to talk with you about your case. Contact us today.

Smartphone apps perform all sorts of useful functions in our daily lives. One use you may not have considered is helping avoid a driving while intoxicated charge. A recent report highlighted a number of smartphone apps available now or under development that help users determine if they are at risk of driving drunk. Some of these apps have actually been developed by state governments in an effort to prevent DWIs before they can even happen.

Maryland Releases ENDUI

Last October, Maryland’s Motor Vehicle Administration released an app for both Android and iOS-based smartphones called ENDUI. The app is designed to help drivers get home safely if they have been out drinking. According to the Maryland State Police, the ENDUI app allows users to create a “designated driver list” of family and friends “who can be contacted quickly in the event that someone has had too much to drink”; a locator function to find the nearest taxi or public transit service; and a tool to estimate a person’s blood-alcohol content.
It should be noted many apps provide information on estimating a person’s blood-alcohol level. It is important note there are many variables to consider when determining your individual blood-alcohol level, including the type of drinks you consume and how much you weigh. In other words, you cannot rely on general information from an app as a legal defense should you be arrested for DWI.

Portable Breathalyzers

Other smartphone apps provide more than just information on general intoxication levels or how to hail a cab. They help assess just how much you have had to drink. A company called Breathometer produces devices that can be used in conjunction with your Android or iOS phone to test your blood-alcohol level. Breathometer currently offers two portable breathalyzers, one that plugs into your phone’s headphone jack, while another model communicates with your phone via Bluetooth.
A competing firm, Alcohoot, sells what it claims is “world’s first law enforcement grade smartphone breathalyzer.” Like the Breathometer, Alcohoot’s device plugs into your smartphone’s headphone jack. The developers say their accompanying “data analytics” app can “use algorithms to provide recommendations based on your drinking trends.”

Need Help Fighting a DWI Charge?

These apps may prove to be useful tools in helping to avoid a drunk driving arrest. But if you still find yourself charged with driving while intoxicated, do not rely on a smartphone app. Call a qualified Austin DWI lawyer. The lawyers at The Law Office Of Robert L. Buford can assist you in this and many other areas of criminal defense.

Driving while intoxicated means operating a motor vehicle with a blood-alcohol level above a specified legal limit. In Texas, that limit is .08 percent. This is actually the limit nationwide as the result of a 2000 federal law which threatened to withhold highway funds from states if they did not adopt the .08 limit. Previously, most states had a higher limit of .10 percent.

Of course, some regulators believe even .08 did not go far enough. In 2013, the National Transportation Safety Board recommended states lower their blood-alcohol limit to .05. The NTSB claimed “scientific evidence shows that impairment begins with the first drink, and any alcohol consumption associated with driving reduces safety.” The NTSB also cited the examples of Europe and Australia, where it associated a .05 limit with a reduction in fatal car accidents in those jurisdictions.

Will Texas Adopt a .05 Limit?

As of this writing, no state, including Texas, has taken the NTSB’s advice and reduced the DWI limit from .08 to .05 percent. Indeed, many anti-drunk driving advocates have questioned the wisdom of the NTSB’s recommendation. Candace Lightner, the founder of Mothers Against Drunk Driving (MADD), told U.S. News & World Report a .05 limit was not a “practical long-term solution” because it “won’t be enforced and will be a waste of time.” Lightner noted local prosecutors would be reluctant to prosecute DWI violators at .05 because most drivers at that limit would pass a field sobriety test.

Similarly, Justin Peters of Slate suggested it might be more cost-effective to focus on providing incentives for drivers to call a taxi after drinking rather than creating more DWI offenders. “[I]t wouldn’t take much to convince towns and cities to excuse parking tickets for drunk people who take cabs home,” Peters cited as just one example. He noted Washington, D.C., had a successful free cab ride program which may have contributed to the area’s low DWI fatality rate.

Do Not Fight a DWI Charge On Your Own

It is important to understand even at .08 percent, you may be legally intoxicated without realizing it. For instance, a woman weighing 120 pounds can exceed the .08 limit if she has three beers over the course of one hour. If Texas ever chose to adopt the stricter .05 limit, then a single beer would likely render the same woman a drunk driver.

If you or a family member is facing a drunk driving charge, it is imperative you seek legal advice from an experienced Austin DWI lawyer. Do not attempt to fight such charges on your own. Contact the lawyers at The Law Office Of Robert L. Buford today if you need to speak with someone right away.

When someone is charged with DWI/DUI and they are going through a custody battle, a major concern is whether a DWI conviction will impact their ability to keep their children. This is a legitimate concern since a DWI conviction can impact a court’s assessment of your ability to care for your children. A DUI conviction can affect everything from visitation rights to whether one parent is granted sole custody of the children. That is why it is imperative that you contact a Austin DWI Lawyer as quickly as possible.

The Timing of the DWI/DUI Charge is Important

If you were charged with a DWI/DUI recently, it will be a major red flag for a family court judge in considering who gets custody of your children. In Texas, if you are convicted of a DUI, even for a first offense, you could be looking at a jail sentence between 3 days to 180 days. If you have prior DUI convictions on your record, the jail sentence will likely be even longer. If you are in the midst of a custody battle and you wind up in jail for a DUI, a judge will be forced to take the conviction into consideration in deciding whether to even award visitation rights to you.

A major factor in custody disputes is the prevailing legal standard judges apply in determining custody – the best interests of the child. A judge may determine that a parent with a recent DWI/DWI conviction on their record is an indication that the individual is irresponsible and incapable of properly caring for a minor or an inability to keep their child safe.

If your DUI conviction occurred many years ago with no other charges since then, the impact of the conviction will likely be minor.

Loss of Custody and Visitation Rights is a Real Risk

When a DUI conviction was recent, the non-DUI spouse can attempt to seek sole custody by requesting a sole managing conservatorship. The non-DUI spouses would likely argue, as mentioned above, that you cannot provide a safe or stable environment for the children due to your criminal record. Losing custody has major ramifications in the role you can play in your children’s lives. A parent with sole managing conservatorship is empowered to make all decisions on behalf of the children. They do not have to consult you on any decision. You may even be denied visitation rights on the basis that you are unable to provide safe transportation for the children.

Speak to an Experienced Austin DWI Lawyer

As you can see, a DWI/DUI conviction can have a major impact on your life and the lives of your children. That is why you need to do everything in your power to fight the charges. Just because you were charged does not mean you will automatically be found guilty. Let an experienced, aggressive Austin DWI/DUI defense lawyer advocate for you. The police officer who pulled you over may not have had sufficient probable cause to even initiate the stop. And, remember, the burden is on the state to convict you beyond a reasonable doubt. That is a very standard which must be met. Contact The Law Office Of Robert L. Buford today. We are here to help.

A 54-year-old man in Round Rock, Texas was sentenced to life in prison after his ninth DWI conviction, according to ABC News. And this may sound truly astounding – this man had 8 prior DWI convictions on his record, along with a host of other convictions for burglary, credit card abuse, providing alcohol to minors, and more.

The ninth DWI charge was the proverbial breaking point for the Texas judge who sentenced the Round Rock resident. This individual had a blood alcohol concentration of .32, four times the legal limit in Texas.

A life sentence is not uncommon in Texas for people with a disturbingly high number of DWI convictions. A 64-year-old man living in Montgomery County was sentenced to life in prison after being convicted of his 10th DWI, according to the Houston Chronicle.

These are some extreme examples of just how severe the punishment can be for multiple DWI convictions. Clearly, there were some extenuating circumstances surrounding these individuals to give the judges a basis for sentencing them to life in prison. The shockingly high number of DWI convictions is bad, but the extensive rap sheet of both individuals probably played a role in the sentence. As mentioned, the Round Rock resident was convicted of numerous other crimes and the Montgomery County resident also threatened to kill a police officer.

Multiple DWI Convictions Resulting in Ever-Escalating Punishments

If you are convicted of a second DWI, you are likely looking at a punishment including:

• Serving a jail sentence of up to one year;
• A monetary fine of up to $4,000;
• Having your driver’s license suspended for up to two years; and
• Having to pay an annual fine of up to $1,500 for three years just to maintain your driving privileges.

Along with the above-referenced punishments, you will likely see a dramatic spike in your auto insurance premiums, or you may even be denied auto insurance and forced to pay into a “high risk” insurance pool along with other convicted drivers (this type of insurance is not cheap). You will also have to list your convictions on any employment application, college application, rental application, etc.

If you are convicted of a third DWI, you enter a new realm of punishment. In Texas, a third DWI conviction is a felony. This means you are probably looking at a punishment including:

• Serving at least 2 years in prison, but the sentence could be as long as 10 years;
• Paying a monetary fine of up to $10,000;
• Suspension of your driver’s license for up to two years;
• Having to pay an annual fine of up to $2,000 for three years to keep your driving privileges; and
• Having an ignition interlock system installed in your vehicle.

If you have more than three DWI convictions on your record, the punishments only get worse and will likely include a multi-year prison sentence, loss of driving privileges, and huge monetary fines.

Contact an Experienced Austin DWI Attorney Today

As you can see, a DWI conviction can have major ramifications in your life. If you or a loved one was charged with driving while intoxicated in the Austin area, let the experienced DWI defense attorneys at The Law Office Of Robert L. Buford help. All of our lawyers are Board Certified in Criminal Law by the Texas Board of Legal Specialization.

DWI charges are serious and can result in serious consequences if a conviction is secured. Once you hire a Austin DWI attorney, it is important that you maintain an open line of communication, so that you will feel part of the defense process and your attorney will have all necessary information. Help to foster this professional relationship by asking your attorney these five questions.

Should I Fight the Case?

Every case is different and there are rare instances when fighting a DWI charge is not in your best interest. Depending on the complexities of the case, the entire legal process can take months, and result in substantial legal fees. Your attorney may advise you to plead guilty and accept a fine. In this instance, your attorney can still assist you with negotiating a plea bargain with the state or advocating for lenient punishments.

At the other end of the spectrum are cases that are filled with procedural mistakes and hefty conviction consequences. In these situations, your attorney may advise that you aggressively fight the DWI charge. The cost of fighting the case can prove easier to handle than possible imprisonment, loss of driving privileges, and possible loss of employment that sometimes accompany a DWI conviction.

Can I Fight the License Suspension?

Under Texas law, your license can be suspended for up to two years following a DWI conviction. In cases of repeat convictions of failure to complete court ordered conditions, the state may even revoke your license. Your license suspension may also stem from a refusal to take an alcohol breath test at the time of arrest. When you obtained a Texas driver’s license, you agreed to take an alcohol breath or blood test upon any arrest for DWI. A refusal results in an Administrative License Suspension for a period up to 180 days.

Suspension of driving privileges can cause a major headache in your day-to-day routine, leaving you unable to get to work, go to the grocery store or even pick your kids up from school. Ask your attorney about ways to fight the suspension, or at least gain restricted privileges to drive under specific circumstances.

Are there Grounds for a Motion to Suppress?

Successful prosecution of a DWI charge requires that the state present an adequate amount of evidence to the court. Sometimes, the evidence in question was obtained illegally or in violation of your Constitutional rights. Upon reviewing the state’s evidence, your attorney can determine if there are grounds to keep one or multiple pieces of evidence out of the court record. If the motion is successful, it can ultimately lead to a not-guilty verdict or even dismissal of the charges prior to court.

Were the State’s Breath Test Rules Followed by Law Enforcement?

If you consented to a breath or blood test and the results are being used against you by the prosecution, speak with your attorney in depth about the events of the arrest and what was told to you during the process. Ask your attorney to review your version of events and the results of the breath or blood test to determine if all required rules and guidelines were followed by law enforcement agents. For example, your attorney may question whether the testing machine was properly calibrated or whether your consumption of food prior to the test may have influenced the results. If they were not, you may have grounds to suppress the test results.

Could my Health Issues Have Contributed to the Signs of Intoxication?

If you are a person with significant medical problems, be sure to tell your attorney about them. Allergies, physical conditions, and lack of sleep can all mistakenly present as indicators of intoxication. In addition, certain medications may lead to an inaccurate breath test result. Keep your attorney well informed, so he or she can properly advocate for you.

If you are facing DWI charges, secure an attorney who will give you an honest and accurate consultation about the merits of your case. Call The Law Office Of Robert L. Buford at (512) 476-4444. Our Austin DWI attorneys are ready and able to answer your questions without judgment. Contact the office today for a professional consultation.

The consequences of a DWI can prove significant and life-changing, but a conviction does not automatically subject you to the loss of your vehicle. However, there are several situations which may ultimately result in your losing ownership of your car, including repeat DWI convictions and the presence of any evidence in the car. Even if you maintain ownership of your vehicle, your conviction may result in the denial of your ability to freely operate it as you wish. In any case, a Austin DWI attorney can help.

Held for Evidence

Pursuant to a DWI arrest, law enforcement agents may decide to hold your vehicle for evidence. This is particularly true if you were involved in an accident subsequent to the arrest. Upon examination of the accident scene and the automobile, law enforcement agents may assert that damage to the vehicle or the condition of the car is evidence to be used in any criminal prosecution stemming from the automobile accident. If this determination is made, the state may seize your car for the duration of any criminal proceedings.

Officers may also seize your vehicle in situations where contraband is found inside of the car. During a DWI arrest, law enforcement may search or inventory the contents of the car. If culpatory evidence is found inside, law enforcement may choose to seize the car in addition to whatever items were located inside of it.

Towing and Storage Fees

Another way that a DWI can lead to the loss of your automobile is a situation where your car is towed pursuant to arrest. This generally occurs when there is no sober party available to drive your car after your arrest. Law enforcement will arrange for towing of your auto to a storage lot, where it will sit until you retrieve it. However, the cost of the tow is passed on to you, along with storage fees. Additionally, each day that your car remains in storage, you are charged an additional fee. These fees can add up over time and you may find yourself in a situation where you are unable to pay them. After a set amount of time with no payment, the storage company may place a lien on the car. If you are still unable to satisfy the debt, you may lose ownership of your vehicle.

A Felony DWI

Under Texas Code of Criminal Procedure, law enforcement can seize contraband under suspicion that it was used or involved in some type of serious criminal activity. Contraband is personal, real or intangible property that was used in the commission of a first or second degree felony. The statute allows for seizure of property used in violation of the Texas DWI statute, when the offender has three convictions. Under this definition, a DWI third will subject the involved vehicle to a contraband forfeiture by law enforcement. Once law enforcement has your vehicle, they can use it or sell it for the agency’s profit.

Ignition Interlock Device

Though you may keep your car after your DWI arrest, you may still be faced with restrictions on your ability to use it. The courts may order the placement of an ignition interlocking device on your vehicle to prevent you from driving while under the influence of alcohol. You must blow into a breathalyzer before driving the car. The vehicle will not turn on if the presence of alcohol is detected.

Though vehicle loss is not an automatic part of a DWI conviction, there are several scenarios that may result in a loss of your vehicle. If you are facing DWI charges, protect your freedom and your property by contacting the Austin DWI lawyers at The Law Office Of Robert L. Buford. We possess the knowledge and experience to provide you with an aggressive defense.