The Law Office Of H. Alex Fuller, PLLC The Law Office Of H. Alex Fuller, PLLC 2026-10-26T13:07:48Z https://www.afullerlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1100779/2021/03/cropped-favicon-fuller512-32x32.jpg On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[Can an occupational license keep you working after a DWI?]]> https://www.afullerlaw.com/?p=49646 2026-10-26T13:07:48Z 2026-10-26T13:07:48Z Your workday probably starts in the driver’s seat as you travel to job sites across Plano and Collin County. After a felony driving while intoxicated (DWI) arrest, an officer may have served you with a license suspension notice. Texas law offers a possible way to keep driving. Knowing what an occupational license allows, when to act and which rules apply can help you protect your work.

Know what an occupational license allows

An occupational license is a restricted license a judge can grant while your regular license is suspended. You must show an essential need to drive, such as getting to work or school. If the judge grants your petition, the Texas Department of Public Safety issues a license that lets you drive a noncommercial vehicle within the order’s terms. It never covers a commercial motor vehicle, and it is valid only in Texas.

Act before the suspension takes effect

Timing matters next, because deadlines start running at your arrest. In most cases, you have 15 days after receiving the notice to request an administrative hearing. Otherwise, the suspension usually begins on the 40th day. Challenging an administrative license suspension and petitioning for an occupational license are separate steps. A later felony DWI conviction brings its own suspension, generally 180 days to two years. Since September 2023, Texas has also dropped the old waiting periods for these licenses.

Expect closer review after a felony DWI

A felony charge can make your petition harder to win. Before a conviction, a judge may decide it from the paperwork alone. After a DWI conviction, the judge must hold a hearing and the prosecutor may argue against your request. Under the 2023 overhaul of the license law, a judge may also deny the petition if you have more than one intoxication-related conviction in the past 10 years. A felony DWI often rests on prior convictions, so this rule may apply, though denial is not automatic. You must also prove insurance coverage and usually attend alcohol counseling.

Weigh the ignition interlock requirement

Next, consider the ignition interlock device, which keeps a vehicle from starting if it detects alcohol on your breath. A judge generally must require one if your bond already includes an interlock or your license was suspended after a DWI conviction. The court may waive it if it finds the device unnecessary for community safety. An interlock restriction typically removes limits on when and where you drive. Without one, the default is four hours a day, or up to 12 if needed. You may drive your employer’s vehicle without a device if your job requires it, you do not own or control the company and you keep proof in the vehicle that your employer knows about the restriction.

Protect your job while your case moves forward

An occupational license can help you keep working while a felony DWI case is pending, but it has firm limits. It covers only noncommercial driving in Texas, depends on quick action, may draw closer review after recent convictions and often requires an interlock. Because the license addresses your driving privileges and not the charge itself, speaking with a criminal defense attorney early can help you coordinate both.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[When simple assault becomes a third-degree felony]]> https://www.afullerlaw.com/?p=49644 2026-10-21T04:07:15Z 2026-10-21T04:07:15Z Simple assault under Texas law Under Texas law a person commits assault by intentionally, knowingly, or recklessly causing bodily injury to another, intentionally or knowingly threatening another with imminent bodily injury, or intentionally or knowingly causing physical contact that the other person would regard as offensive or provocative. Causing simple bodily injury to an adult without aggravating factors is generally a Class A misdemeanor, carrying up to one year in county jail and a fine up to $4,000. Threatening or offensive contact without injury is typically a Class C misdemeanor punishable by a fine up to $500.

Three statutory triggers for third-degree felony elevation

Certain circumstances automatically elevate a bodily injury assault to a third-degree felony, punishable by two to ten years in TDCJ and a fine up to $10,000. The first involves strangulation or suffocation. When an assault occurs against a family member, household member, or dating partner and involves intentionally, knowingly, or recklessly blocking normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth, the charge becomes a third-degree felony. Prosecutors evaluate physical evidence including redness, bruising, or petechiae around the neck or eyes, difficulty swallowing, and statements describing dizziness or loss of consciousness. The second involves prior family violence convictions. A family violence assault becomes a third-degree felony when the state proves a prior conviction or deferred adjudication for a family violence offense against a family member, household member, or dating partner under Texas law or a substantially similar statute of another state. The third involves assaulting protected public servants or officials. Assaulting a public servant lawfully discharging official duties, emergency medical personnel providing services, a commissioned security officer on duty, or an individual performing civil process serving duties each triggers third-degree felony enhancement under the applicable subsections of § 22.01(b).

Key evidence in felony assault prosecutions

Texas district attorney offices frequently assign specialized prosecutors to felony assault cases, particularly those involving strangulation allegations. Evidence commonly evaluated includes photographic documentation taken by responding officers or forensic nurses, medical expert testimony on whether physical signs align with the statutory requirements for strangulation, 911 transcripts and excited utterance hearsay exceptions, and changes in witness statements or inconsistencies between physical evidence and initial accounts.

Defense approaches

A third-degree felony conviction carries a permanent criminal record, loss of firearm rights under federal and state law, and potential impacts on child custody and employment. Defense avenues may include challenging whether physical evidence actually supports bodily injury or impeded breathing under the statutory standard, asserting self-defense or defense of others, and exposing inconsistencies between police reports, medical records, and witness accounts. Each case turns on its specific facts and the state's ability to prove the statutory elements beyond a reasonable doubt. If you are facing felony assault charges, speak with a Texas assault defense attorney in Collin County about evaluating the evidence and your options.]]> 0 by The Law Office Of H. Alex Fuller, PLLC <![CDATA[Can everyday items lead to paraphernalia charges in Texas?]]> https://www.afullerlaw.com/?p=49543 2026-09-29T11:13:49Z 2026-09-29T11:13:49Z How Texas law defines drug paraphernalia Texas Health and Safety Code § 481.002(17) and § 481.125 establish a broad legal definition of drug paraphernalia. The definition encompasses equipment, products, and materials used to cultivate, manufacture, package, store, conceal, or introduce controlled substances into the human body. Ordinary household objects may fall under this definition when the facts surrounding their possession suggest a connection to drug-related activity.

Common household items that raise suspicion

Paraphernalia charges often arise from items with legitimate uses that also serve drug-related functions. Items frequently cited in Texas paraphernalia cases include:
  • Aluminum foil with burn marks
  • Cut straws
  • Small containers with residue
  • Burned spoons
  • Hollowed-out pens
  • Modified soda cans
The item's condition and location are among the factors courts weigh when determining whether possession was drug-related.

What prosecutors must prove in court

The state must show that a person intended to use an item for drug purposes. Courts apply a totality-of-the-circumstances standard and may consider:
  • Chemical testing results
  • Drug residue
  • Proximity to controlled substances
  • Witness testimony about observed behavior
  • Statements made to officers
In a Texas paraphernalia case, prosecutors may rely on drug residue to show intent under Section 481.125 of the Texas Health and Safety Code. The defense can challenge whether the evidence proves guilt beyond a reasonable doubt, particularly when police find no controlled substance.

Penalties for drug paraphernalia charges in Texas

Texas law sets penalties based on the conduct. These include:
  • Simple possession: Section 481.125(a) categorizes this as a Class C misdemeanor, carrying a maximum fine of $500 under Texas Penal Code § 12.23.
  • Providing paraphernalia to a minor: Under § 481.125(b), delivering paraphernalia to anyone under the age of 18 constitutes a state jail felony, punishable by a jail term ranging from 180 days to two years, along with a potential fine.
  • Associated drug offenses: When paraphernalia charges accompany more serious drug-related allegations, the combined legal exposure can increase significantly.
The specific charges can affect the overall legal exposure.

What this means for anyone facing a paraphernalia charge

Texas paraphernalia law is deliberately broad. The same item that is legal in one context may support a criminal charge in another. During a police encounter, what else is present and how events unfold can affect whether charges are filed. Anyone facing a paraphernalia charge in Texas should understand that residue, proximity to drugs and the item's condition will likely be central to any defense.]]> 0 by The Law Office Of H. Alex Fuller, PLLC <![CDATA[Can you face assault charges if you did not punch first?]]> https://www.afullerlaw.com/?p=49540 2026-09-17T19:36:29Z 2026-09-17T19:36:29Z When self-defense becomes assault Self-defense claims hinge on whether your response was reasonable under the conditions. Texas law permits the use of force when a person reasonably believes it is necessary to protect against another person's unlawful use or attempted use of force. If the response goes beyond what was reasonably necessary to address the threat, prosecutors may contend that the conduct was not justified. Courts consider the circumstances surrounding the incident when determining whether the response was reasonable.

What prosecutors examine in these cases

Prosecutors scrutinize the sequence of events leading to the physical altercation. They commonly assess factors such as:
  • Who initiated the confrontation
  • How much force each party used
  • Whether the response matched the level of threat
  • What physical evidence and witness accounts reveal
Texas's stand-your-ground laws eliminate the duty to retreat in certain situations, but they do not provide blanket immunity. In cases where stand-your-ground protections may not apply, such as when a person provoked the confrontation or was engaged in criminal activity, prosecutors may also examine whether the situation allowed for another course of action. The force used must still align with the threat faced.

How proportional force affects your self-defense claim

Proportionality forms the core of valid self-defense claims. If someone shoves you, responding with a weapon or causing serious bodily injury may undermine your defense. The law expects your response to match the level of danger you faced. Prosecutors reviewing assault charges often focus on whether the injuries that the other party sustained suggest excessive force. Minor threats do not justify severe physical responses, even when the other person started the confrontation.

What to consider if you are facing assault charges after a fight

Assault charges in Texas range from a Class C misdemeanor to a felony, depending on the circumstances. Consequences can include fines, a permanent criminal record and, for Class A misdemeanor and felony charges, potential jail or prison time. Texas self-defense law is highly fact-specific, and whether assault charges hold often turns on the details of what happened and how a reasonable person would interpret the situation. If you were involved in a physical confrontation and are now facing charges, the distinction between legally justified force and criminal conduct may come down to evidence that prosecutors and courts evaluate closely. Speaking with a criminal defense attorney can help you understand whether your actions meet the legal standard for self-defense under Texas law.  ]]> 0 by The Law Office Of H. Alex Fuller, PLLC <![CDATA[Can shoplifting lead to conviction without clear intent?]]> https://www.afullerlaw.com/?p=49537 2026-08-27T20:11:20Z 2026-08-27T20:11:20Z Why shoplifting evidence may not prove criminal intent A shoplifting accusation does not prove criminal intent. Under Texas law, the prosecution must prove beyond a reasonable doubt that the accused unlawfully took or exercised control over property without consent and intended to deprive the owner of it. Suspicious conduct may support the state’s case, but it does not prove every part of a theft charge. The evidence may contain gaps or errors that support the accused’s position, including:
  • Surveillance footage: Missing video, poor quality or blocked views may leave key events unclear.
  • Witness statements: Conflicting stories, limited views or mistaken identification may weaken the accusation.
  • Receipts and store records: These records may show that the merchandise was paid for or that the accused had permission to possess it.
  • Checkout activity: A payment mistake, distraction or misunderstanding may explain what happened without showing an intent to steal.
  • Identification evidence: Uncertain identification may weaken the link between the accused and the alleged theft.
  • Property value: A dispute over the value of the merchandise may affect the charge and possible punishment.
Conduct that looks suspicious may still have an innocent explanation. Putting an item in a bag, handling merchandise in an unusual way or leaving a checkout area does not automatically prove an intent to steal. Context matters. Courts may infer intent from the totality of circumstances, which is why an explanation for the conduct can be critical to the defense. The events before and after the incident may provide needed context. A close review of the evidence can reveal gaps, mistakes or allegations that the record does not substantiate. These issues may help challenge a Texas theft charge and protect the accused’s rights.

Protecting rights against shoplifting charges

Intent must be proven beyond a reasonable doubt, so the strength of a Texas shoplifting case often depends on the quality of the evidence. Gaps in surveillance footage, conflicting witness accounts, payment records or uncertain identification can affect whether the prosecution meets that standard. A Texas criminal defense attorney can assess the evidence, challenge the accusation and protect the accused’s rights.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[When can police extend a Texas DWI traffic stop?]]> https://www.afullerlaw.com/?p=49535 2026-08-20T08:20:32Z 2026-08-20T08:20:32Z What supports further investigation? An officer does not need proof of DWI before checking for possible intoxication. The officer only needs specific facts that reasonably support that suspicion. For example, an officer may smell alcohol while speaking with you. Slurred speech or trouble with balance could add to that suspicion. Your statement that you drank might also matter, although drinking alone does not prove intoxication. Courts look at these details together rather than rely on one sign. Several small observations may support a longer investigation when they all point to possible intoxication.

Why does timing matter?

A valid traffic stop does not give police unlimited time to look into other offenses. Officers must stay focused on the reason for the stop and avoid unnecessary delay. Police may ask about other issues while handling the traffic matter, as long as those questions do not make the stop last longer. If the officer notices signs of possible DWI during that time, those facts could support a longer detention. Once the traffic-related work is done, or reasonably should be done, police generally need separate reasonable suspicion to keep you there for a DWI investigation. This makes the point when the officer first noticed signs of intoxication especially important.

Understand the next steps

How long the stop lasted and what happened during it may affect your DWI case. Reviewing the record could help you understand which parts of the stop may become important in court. Consider keeping your reports, video and court papers in one place. Having those records organized might help you follow the case and prepare for the legal process ahead.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[Can you bring legal marijuana into Texas?]]> https://www.afullerlaw.com/?p=49532 2026-08-17T03:56:19Z 2026-08-17T03:56:19Z Marijuana laws have changed over the years, which has somewhat complicated things. A few decades ago, marijuana was illegal on a federal level and on a state level, all across the country. Before medical marijuana programs, there was no way to get legal marijuana, and there certainly were not any recreational options. But things have changed. In states like Colorado, marijuana is legal both for medical and recreational purposes. The same is not true in Texas, but for someone living in northern Texas, the drive to Colorado is not that far. People sometimes wonder if they can drive to a dispensary in another state, where they are legally allowed to purchase marijuana products, and then come back home to Texas.

Why this is still illegal

The short answer is that you cannot and should not do this, as it is still illegal. First and foremost, possession of marijuana products is illegal under Texas law. You may have bought them in Colorado or any other state, but the point of purchase is not the issue. If you use or possess those products in Texas, you can still face charges. The second thing to keep in mind is that, while state laws have changed, federal regulations maintain that marijuana products are still illegal. Anyone who crosses state lines is under federal jurisdiction. A person who drives from Colorado back to Texas has to cross state lines, opening themselves up to potential federal drug charges. Shifting drug laws in the U.S. have complicated things, and it is very important for those who are facing drug charges to understand exactly what legal defense options they have.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[Is there a legal duty to retreat in Texas?]]> https://www.afullerlaw.com/?p=49529 2026-07-29T17:28:32Z 2026-07-29T17:28:32Z No, there is no legal duty to retreat under Texas law. If you are in a location where you are legally allowed to be and you need to defend yourself, you can use force to do so without first trying to avoid a confrontation. In states with a duty to retreat law, people can sometimes find themselves in legal trouble if they claim self-defense but it is alleged that they could have retreated to avoid the confrontation entirely. In Texas, however, which is a stand-your-ground state, you are not obligated to retreat first.

This even applies to deadly force

In some cases, you may even be able to use deadly force to protect yourself or a loved one if doing so is justified. Texas Penal Code Chapter 9 specifically states that “If deadly force is so justified, there is no duty to retreat before using it.” This does mean that your actions still have to be reasonable, considering your situation, the threat you faced and the force that was necessary. For instance, not all altercations require the use of deadly force, even in a self-defense capacity. You would generally need to show that you faced a genuine fear of serious bodily injury or death. You are then allowed to use force that is proportional to that threat to protect yourself. But if you find yourself in a position where deadly force is necessary and can be legally justified, then you do not have to retreat from the premises in advance. You can exercise your right to self-defense, and you can often use this as part of your criminal defense case if you find yourself facing charges after the altercation.

Your criminal defense options

Situations like this can be very complex, and it is important to work with an experienced criminal defense attorney who understands the specifics of Texas law and the legal options you have.  ]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[Are there any viable ways to reduce your BAC?]]> https://www.afullerlaw.com/?p=49527 2026-07-21T20:40:17Z 2026-07-21T20:40:17Z When people go out to drink, they sometimes talk about trying to sober up before they go home. In many cases, their goal is simply to reduce their BAC because they know that they have to drive. They do not want to face impaired driving charges, so they are trying to sober up first. There are a few different ways that people talk about doing this. Drinking a cup of hot coffee is one potential example. Others include taking a shower, drinking water or eating a large meal.

Does this actually sober you up?

If you have to drive after drinking, though, it is very important to know that all of these are just myths. They are not actually going to sober you up, and they are not going to reduce your BAC. Having a cup of coffee does not magically lower your BAC or mean that you are not going to face impaired driving charges. In some cases, these tactics can help to wake you up. The caffeine in a cup of coffee or the burst of cold water if you take a shower can certainly wake you up and make you feel a bit more alert. But your BAC is not any different than it was before. The only real way to get your BAC to go down is to wait, and it generally drops at about 0.015% per hour. If you wait long enough, it can get below the legal limit or even return to zero.

Criminal defense options

Are you facing impaired driving charges, perhaps because you did not realize your BAC was still over the legal limit? If so, you must know what legal defense options you have.  ]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[What aggravating factors can worsen Texas assault charges?]]> https://www.afullerlaw.com/?p=49525 2026-07-06T20:48:48Z 2026-07-06T20:48:48Z The use of a weapon If an assault involves threatening or harming another person with a dangerous weapon, the situation may be severe enough to warrant aggravated assault charges. Even if a person simply brandishes a weapon, that can theoretically be a sufficient reason for prosecutors to pursue aggravated assault charges.

Serious bodily harm

Aggravated assault charges often follow altercations where one person sustained serious bodily injuries. The state considers any injury that creates a risk of death or causes permanent disfigurement a serious bodily injury. In some cases, raising questions about intent and other details of the situation could help assault defendants push back on the classification of the offense. A lawyer’s support when assessing the charges and planning a response can make a profound difference for a defendant. Fighting aggravated assault charges could involve a comprehensive defense strategy or possibly plea negotiations that aim to reduce the charges against the defendants at issue.]]> 0