Adamo & Adamo Law Firm Adamo & Adamo Law Firm 2026-07-29T03:43:27Z https://www.samadamolaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1304079/2025/04/cropped-AA_FAV-32x32.png On Behalf of Adamo & Adamo Law Firm <![CDATA[Can a first-offense DWI be reduced or dismissed in Travis County?]]> https://www.samadamolaw.com/?p=47142 2026-07-29T03:43:27Z 2026-07-29T03:43:27Z A first DWI arrest can leave you worried about your record, your license and your future. The uncertainty is often the hardest part. The good news is that a conviction is not automatic, and many first-offense cases in Travis County end in a reduction or dismissal. 

Why the final charge matters so much

Texas law treats drunk driving harshly. Under Texas Penal Code § 49.04, a first-offense DWI is usually a Class B misdemeanor. It can carry up to 180 days in jail and a fine of up to $2,000. Texas law also does not allow deferred adjudication for adult DWI charges. That restriction makes the charge you ultimately plead to especially important for your record. 

Common outcomes in first-offense cases

Prosecutors may agree to change or drop a DWI charge when the evidence has problems. These are the outcomes seen most often:
  • Obstruction of a highway: Prosecutors may dismiss the DWI and refile it under Texas Penal Code § 42.03. This charge allows deferred adjudication and possible record sealing later.
  • Reckless driving: This reduction may apply when intoxication evidence is weak or test results face a strong challenge.
  • Outright dismissal: This can happen when the stop, the testing or the key evidence breaks down.
None of these outcomes is guaranteed, and each depends on the facts of your case.

What can weaken the state's case

A defense review often begins with the traffic stop. Officers need a lawful reason to stop your vehicle. If they lacked one, a court could throw out the evidence that came after. Your attorney may also examine the field sobriety tests and any breath or blood testing. Mistakes in how officers ran the tests or calibrated the equipment could make the results unreliable. If you have no prior criminal history, that can also strengthen negotiations with the Travis County Attorney's Office.

Where your case could go from here

Prosecutors in Travis County can sometimes reduce or dismiss a first-offense DWI, but the result depends on the stop, the testing and your history. Learning about your defense options in Austin early can help you protect your record before key decisions become final. If your case involves disputed test results or other complications, an attorney's input may help you understand your choices. ]]> On Behalf of Adamo & Adamo Law Firm <![CDATA[Preparing for your Houston DWI trial: steps that can help your defense]]> https://www.samadamolaw.com/?p=47141 2026-06-19T17:53:02Z 2026-06-19T17:53:02Z a DWI charge in Houston can feel overwhelming, but what you do before trial can meaningfully affect the presentation of your case and the court’s perception. While every case is different, there are practical steps that often strengthen a defense, reduce surprises and position you for the best possible outcome.

Work closely with your attorney early

The most important work happens long before you walk into a courtroom. A DWI case can involve police reports, body camera footage, dash camera video, breath or blood testing records and witness statements. The sooner your attorney can gather and analyze this material, the more options you may have. Before you meet with counsel, take time to organize what you remember and what you have. This helps your attorney spot issues such as an unlawful stop, problems with field sobriety testing or gaps in the chain of custody for a blood sample. Additional steps that can help include:
  • Write down a detailed timeline of the day, including where you were, what you ate and when you drove  
  • Save receipts, rideshare records and phone location data that may corroborate your timeline  
  • Provide names and contact information for potential witnesses as soon as possible  
  • Make a list of medical conditions, medications or injuries that could affect balance, speech or test results  
  • Avoid discussing the case on social media or with anyone other than your attorney
Keep this information organized so you can share it with your legal counsel if requested.

Take proactive steps that show responsibility

The legal process includes many steps and responsible actions taken before trial can help demonstrate that you are taking the situation seriously. This is especially true when your attorney believes mitigation will matter in negotiations or at sentencing. The goal is not to admit guilt but to show stability, accountability and a commitment to safe decision-making while your case is pending. For some, this can include completion of an alcohol education course or DWI education program. For others, counseling or a substance use evaluation can help. It is also helpful to maintain steady employment or school attendance and collect proof of good standing. Be sure to follow all bond conditions strictly, including ignition interlock requirements if ordered. After completing any program or counseling as directed by legal counsel, keep certificates, attendance logs and payment receipts. Your attorney can decide how and when to present these materials to the prosecutor or the court.

Final thoughts

A Houston DWI trial is not won by a single argument. It is built through preparation, documentation and smart decisions made early. By working closely with your attorney and taking constructive steps while your case is pending, you can improve the development of a defense strategy and how you present your situation in court. ]]> On Behalf of Adamo & Adamo Law Firm <![CDATA[Preparing for a Travis County DWI administrative license hearing]]> https://www.samadamolaw.com/?p=47140 2026-05-25T14:12:59Z 2026-05-25T14:12:59Z How do DWI defendants avoid revocation? Under Texas state statutes, an administrative license revocation generally takes effect on the 40th day after a DWI arrest. Those who want to protect their driving privileges have 15 days from the date of their arrest to request a hearing. The Travis County administrative license revocation hearing process begins with a letter in response to the hearing request. That letter includes information about an upcoming hearing, which typically occurs within 60 days of the request. The motorist can temporarily retain their driving privileges until they have a hearing in front of an administrative law judge. The defendant and their attorney can use the time between requesting the hearing and the scheduled date of the hearing to gather critical evidence. If there is proof that the traffic stop was unlawful because the police officer did not have probable cause, that can play a major role in defending against licensing consequences. Other details about the situation, including whether the DWI arrest itself had a basis in probable cause and what information the police officer conveyed to the motorist during the traffic stop, can influence whether or not the judge hearing the case decides to suspend a motorist's license. If the judge rules against the DWI defendant, the administrative license suspension or revocation takes effect, and retaining driving privileges then involves defeating the DWI charges they face in criminal court. If they agree with the defendant, they can keep their license until their case goes to trial. Talking with an Austin DWI attorney as soon as possible after a DWI arrest can help drivers take appropriate steps in the days immediately after their arrest to protect their driving privileges. A lawyer’s support immediately after an arrest can help motorists protect their driving privileges and fight unfair DWI charges.]]> by Adamo & Adamo Law Firm <![CDATA[Central Texas Recent Case Results]]> https://www.samadamolaw.com/?p=47139 2026-05-20T22:29:18Z 2026-05-20T22:29:18Z
  • Felony Assault – Choking (3rd Degree Felony) – Dismissed – Williamson County
  • Aggravated Assault w/ Deadly Weapon (2nd Degree Felony) – Dismissed – Travis County
  • Aggravated Assault w/ Deadly Weapon (2nd Degree Felony) – Dismissed – Travis County
  • Felony DWI – Child Passenger (3rd Degree Felony) – Dismissed – Travis County
  • Misdemeanor DWI + Unlawful Carrying of a Weapon – Dismissed – Hays County
    • Five satisfied clients fortunate to move forward with their still conviction-less lives.]]>         On Behalf of Adamo & Adamo Law Firm <![CDATA[DWI with a child passenger: Texas implements harsher 2026 penalties]]> https://www.samadamolaw.com/?p=47134 2026-03-09T15:11:15Z 2026-03-09T15:11:15Z What changed in 2026? The 2026 updates have effectively closed loopholes that previously allowed for lighter sentencing. The most significant changes include:
    • Automatic reclassification: While historically a state jail felony, certain aggravating factors (such as a BAC of 0.15% or higher) now push the offense into the third-degree felony category, carrying up to 10 years in prison.
    • Mandatory minimums: Driver's license suspensions have been extended, and the "automatic" requirement for an ignition interlock device (IID) can be triggered immediately upon arrest, not conviction.
    In addition to this, state courts can require SCRAM (Continuous Alcohol Monitoring) as a condition of bond, meaning the government monitors your sobriety 24/7 while your case is pending.

    The high cost of a conviction

    A felony conviction for DWI with a Child Passenger carries life-altering consequences:
    • Prison time: You face a minimum of 180 days in a state jail, but enhancements can lead to a 10-year prison sentence.
    • Financial ruin: Fines can reach $10,000, plus thousands in court costs, mandatory evaluation fees, and annual "supervision" costs.
    • Loss of parental rights: This felony often triggers an immediate investigation by CPS (Child Protective Services), putting your custody and visitation rights at serious risk.
    • Permanent record: Generally, this felony is ineligible for non-disclosure. This means that it will stay on your record, which can have serious consequences to areas of your life like housing or employment.
    With the 2026 changes, your defense must be as aggressive as the prosecution. A lawyer that is familiar with these updates can consider different strategies such as challenging the legality of a stop  or questioning the forensic accuracy of a mandatory blood draw. These will depend on your particular situation.]]>         On Behalf of Adamo & Adamo Law Firm <![CDATA[What happens after a DWI arrest in Texas?]]> https://www.samadamolaw.com/?p=47126 2026-02-02T15:38:13Z 2026-02-02T15:22:52Z Initial traffic stop After the local police pull your loved one over for suspicions of DWI, they will assess them for visible signs of drunkenness, such as alcohol breath, slurred speech, bloodshot eyes and an unsteady balance. Keep in mind that Texas has strict laws about driving with an open bottle of alcohol inside the car's passenger area. So even if your loved one was not showing any signs of intoxication, they may still receive a Class C misdemeanor if the police find them guilty of such act.

    Booking process

    After the DWI arrest, the local police will take them into the police station for booking. During this process, the officer-in-charge (OIC) will ask for their personal information and take a digital record of their fingerprints and mugshot. Depending on the circumstances of their arrest, the OIC may also request them to take a breath and/or blood test. These administrative steps help create an official record of their DWI arrest and determine their custody status. For example, if they are a first-time offender, the OIC may deem them a “low flight risk”, meaning they are less likely to flee and avoid their prosecution. These types of offenders usually qualify for bail.

    Posting bail

    If your loved one qualifies for bail, they can post a cash bond or work with a bail bond service who can pay the bail amount on their behalf. However, if they are not eligible for bail (e.g., they have a criminal history); they will have to stay in custody and be brought to court by the police for their arraignment.

    Attending an administrative license revocation (ALR) hearing

    Since a DWI arrest in Texas triggers two separate legal consequences for your loved one: a criminal case for their DWI charge and an administrative case for their potential license suspension, it is vital for them to request for an ALR hearing as soon as possible. For example, a first time DWI offender in Texas may face up to one year of driver’s license suspension. However, if they attend their scheduled ALR hearing with a DWI lawyer, their lawyer can advocate for them and help safeguard their driving privileges.

    A solid support system in times of challenges

    By being a strong support system for your loved one during their DWI arrest, you can help them make informed decisions about their case and encourage them to act with urgency by hiring legal counsel that can protect their rights and fight for their freedom.]]>         On Behalf of Adamo & Adamo Law Firm <![CDATA[The 2025 Texas THC vape pen ban: What you need to know]]> https://www.samadamolaw.com/?p=47125 2026-01-07T00:26:58Z 2026-01-07T00:26:58Z They say everything is bigger in Texas, and the recent legal headaches concerning vape pens are no exception. While many states are relaxing their green-thumb regulations, Texas decided to hit the brakes with lawmakers now targeting the devices that once sat openly on store shelves. The new rules can be confusing, but understanding them is critical to avoiding a run-in with the law.

    The 2025 vape ban

    A new law, called Senate Bill 2024, took effect on September 1st, 2025. This legislation strictly prohibits the sale and marketing of all cannabinoid vape products. This includes popular hemp-derived items like Delta-8, Delta-10, and CBD vapes. Before this law, many shops sold these products legally under the 2018 Farm Bill. Now, businesses face criminal charges for keeping them in stock.
    The ban covers several specific types of products:
    • Any electronic cigarette containing cannabinoids or intoxicating substances
    • Vape products manufactured in or marketed from China
    • Devices designed to look like everyday objects, like pens or toys
    • Vapes marketed with cartoons or flavors that appeal to minors
    State officials claim these rules protect children from colorful packaging and hidden devices, and law enforcement is now actively inspecting smoke shops and convenience stores to ensure compliance.

    Penalties for selling and marketing

    The state has increased the stakes for retailers and distributors. Selling or even advertising these banned products is now a Class A misdemeanor. This charge is much more serious than a simple traffic ticket.
    If a person is convicted of a Class A misdemeanor, they may face:
    • Up to one year in a county jail facility
    • A maximum fine of $4,000
    • A permanent criminal record that affects future employment
    Prosecutors often pursue these cases aggressively to set a public example. Business owners must be extremely careful about what they keep in their inventory.

    Possession of THC vapes

    While SB 2024 focuses on sales, the possession of THC oil remains a massive legal risk. Texas law distinguishes between the marijuana plant and its concentrated oils. Possessing THC concentrate in any amount is usually a felony offense. Even a single used cartridge can lead to a state jail felony charge.
    The penalties depend on the total weight of the substance:
    • Fewer than one gram: State jail felony, carrying 180 days to two years in jail
    • One to four grams: Felony in the third degree, punishable by a minimum of two and up to 10 years in prison
    • Four to 400 grams: Felony in the second degree, with a range of two to 20 years
    Even though hemp vapes were once legal, police often cannot tell them apart from illegal THC oil. This confusion leads to many arrests for people who believe they are following the law.

    How a lawyer can help

    The lines between legal hemp and illegal THC are very thin. Police often use field tests that cannot accurately measure THC percentages. Consequently, innocent people often face life-altering felony charges for products they bought at a store. A skilled defense attorney can challenge the laboratory results and protect your rights.
    ]]>         On Behalf of Adamo & Adamo Law Firm <![CDATA[How long does a Texas DWI stay on a driver’s record?]]> https://www.samadamolaw.com/?p=47112 2025-09-05T12:48:32Z 2025-09-05T12:48:32Z Criminal records are generally permanent The record of a criminal conviction can follow the convicted party for the rest of their life. Minor legal infractions, such as traffic violations, eventually come off an individual's record. Tickets do not cause permanent complications for the people accused of speeding or running a red light. DWI charges are different. They are either misdemeanor or felony offenses that lead to a permanent criminal record. Any interested party can theoretically learn about the DWI offense for years or decades after the conviction. People may find that they struggle to secure employment because of their record. Pursuing higher education or even renting a home can become more difficult. They can also expect to pay substantially more for their car insurance. Frequently, insurance companies give the most weight to DWI offenses from within the last three to five years. However, they can continue charging motorists for this misstep or misunderstanding long after the DWI conviction.

    How can people protect themselves?

    Avoiding a DWI conviction is the only way to prevent the complications associated with a criminal record. People accused of DWI offenses may benefit from securing representation from a criminal defense attorney. They can then develop a defense strategy that could help them avoid a conviction. Negotiating a plea to a lesser offense or avoiding a conviction altogether are both possible when facing DWI charges. Drivers who understand the permanence of a conviction can make better choices when they respond to DWI allegations.]]>         On Behalf of Adamo & Adamo Law Firm <![CDATA[Hays County’s new DWI & Drug Court Program may mean treatment instead of jail time]]> https://www.samadamolaw.com/?p=47105 2025-08-15T18:28:57Z 2025-08-15T18:28:57Z Program overview The program is a specialized judicial initiative involving both County and District Courts. It seeks to:
    • Provide judicial oversight to ensure accountability and support for participants
    • Focus on rehabilitation, offering therapeutic measures instead of punitive actions
    If successful, the program could transform lives and improve community safety.

    Eligibility and goals

    The program aims to identify and recommend eligible defendants for participation. It should also reduce jail population by providing alternatives to incarceration. Judge Alicia Key and other officials have expressed strong support, noting the program's potential to help offenders successfully return to society.

    Community impact and future prospects

    The DWI & Drug Court Program is expected to have a significant impact on the community, offering an alternative option to traditional punishment for those who face drug and drunk driving charges in the county. The program also addresses the growing need for such initiatives as the county expands. The program's start date of December 1, 2025, marks the beginning of a new chapter in Hays County's approach to handling substance-related offenses. By focusing on rehabilitation and community collaboration, the DWI & Drug Court Program aims to create a safer, more supportive environment for all residents.]]>         by Adamo & Adamo Law Firm <![CDATA[Four Counts of Intoxication Assault Dismissed in Texas]]> https://www.samadamolaw.com/?p=47091 2025-08-08T20:48:04Z 2025-08-08T20:48:04Z What is the Punishment for Intoxication Assault in Texas? Intoxication assault in Texas  is a serious offense. Intoxication assault occurs when a person while operating a motor vehicle while intoxicated causes serious bodily injury to another. Generally, intoxication assault is a third degree felony with a punishment range of two to ten years in prison and/or up to a fine of $10,000.00. Additional  penalties include a license suspension for 180 days to 2 years and an increase in insurance premiums. Four Counts of Intoxication Dismissed and a Felony DWI reduced to a Misdemeanor The client of the Adamo & Adamo Law Firm, referred by another lawyer, came to the office with four counts of intoxication assault and a felony DWI 3rd. In essence, the client was looking at five 3rd degree felonies, with the potential of up to fifty years in prison. Upon being hired the attorneys at the Adamo & Adamo Law Firm went to work. An accident reconstructionist was employed as well as a blood toxicologist. The lawyers shifted through thousands of pages of discovery, viewed countless videos, interviewed potential witnesses, assisted in insurance claims, and consulted with the aforementioned experts regarding potential problems with necessary elements of the cases. In the end, and on the eve of a jury trial setting, the lawyers were able to convince the prosecutors to drop all four intoxication assault charges and reduce the felony DWI to a misdemeanor DWI.  The client walked out of court with only a fine. An incredible result given the stakes. If you or someone you know is charged with an intoxication crime anywhere in Texas, contact the Adamo & Adamo Law Firm.]]>