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    <title type="text">The Law Office Of H. Alex Fuller, PLLC</title>
    <subtitle type="text">The Law Office Of H. Alex Fuller, PLLC</subtitle>

    <updated>2026-07-21T20:40:17Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of The Law Office Of H. Alex Fuller, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Are there any viable ways to reduce your BAC?]]></title>
            <link rel="alternate" type="text/html" href="https://www.afullerlaw.com/blog/2026/07/are-there-any-viable-ways-to-reduce-your-bac/" />
            <id>https://www.afullerlaw.com/?p=49527</id>
            <updated>2026-07-21T20:40:17Z</updated>
            <published>2026-07-21T20:40:17Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[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…]]></summary>
			                <content type="html" xml:base="https://www.afullerlaw.com/blog/2026/07/are-there-any-viable-ways-to-reduce-your-bac/"><![CDATA[<span style="font-weight: 400">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.</span>

<span style="font-weight: 400">There are a few different ways that people talk about doing this. Drinking a </span><a href="https://uamshealth.com/medical-myths/can-drinking-a-lot-of-hot-black-coffee-help-you-sober-up-after-drinking-a-lot-of-alcohol/" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400">cup of hot coffee</span></a><span style="font-weight: 400"> is one potential example. Others include taking a shower, drinking water or eating a large meal.</span>
<h2><span style="font-weight: 400">Does this actually sober you up?</span></h2>
<span style="font-weight: 400">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.</span>

<span style="font-weight: 400">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.</span>

<span style="font-weight: 400">The only real way to get your BAC to go down is to wait, and it generally drops at </span><a href="https://www.bgsu.edu/recwell/wellness-connection/alcohol-education/alcohol-metabolism.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400">about 0.015% per hour</span></a><span style="font-weight: 400">. If you wait long enough, it can get below the legal limit or even return to zero.</span>
<h2><span style="font-weight: 400">Criminal defense options</span></h2>
<span style="font-weight: 400">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 </span><a href="/dwi-dui/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">legal defense options</span></a><span style="font-weight: 400"> you have.</span>

&nbsp;]]></content>
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			        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office Of H. Alex Fuller, PLLC</name>
				            </author>
            <title type="html"><![CDATA[What aggravating factors can worsen Texas assault charges?]]></title>
            <link rel="alternate" type="text/html" href="https://www.afullerlaw.com/blog/2026/07/what-aggravating-factors-can-worsen-texas-assault-charges/" />
            <id>https://www.afullerlaw.com/?p=49525</id>
            <updated>2026-07-06T20:48:48Z</updated>
            <published>2026-07-06T20:48:48Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Assault charges may follow threatening or violent behavior. Under Texas state statutes, people can sometimes face assault charges even if no actual injuries resulted from an altercation with another person. Simple assault is typically a Class C misdemeanor offense, although the state can pursue Class A misdemeanor charges in cases where people cause others bodily injuries. Prosecutors could also bring…]]></summary>
			                <content type="html" xml:base="https://www.afullerlaw.com/blog/2026/07/what-aggravating-factors-can-worsen-texas-assault-charges/"><![CDATA[Assault charges may follow threatening or violent behavior. Under Texas state statutes, people can sometimes face assault charges even if no actual injuries resulted from an altercation with another person. Simple assault is typically a Class C misdemeanor offense, although the state can pursue Class A misdemeanor charges in cases where people cause others bodily injuries.

Prosecutors could also bring aggravated assault charges in certain circumstances. Aggravated assault is often a second-degree felony offense that carries between two and 20 years in prison. Understanding what factors may justify an aggravated assault charge can help defendants assess defense strategies and evaluate the case against them with a defense lawyer.

What details about a situation might justify aggravated assault charges?
<h2>The use of a weapon</h2>
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.
<h2>Serious bodily harm</h2>
<a href="https://codes.findlaw.com/tx/penal-code/penal-sect-22-02/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Aggravated assault charges</a> 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. <a href="/assault/" target="_blank" rel="noopener" data-wpel-link="internal">Fighting aggravated assault charges</a> could involve a comprehensive defense strategy or possibly plea negotiations that aim to reduce the charges against the defendants at issue.]]></content>
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			        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office Of H. Alex Fuller, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Texas is cracking down on DWI: Two new changes to note]]></title>
            <link rel="alternate" type="text/html" href="https://www.afullerlaw.com/blog/2026/06/texas-is-cracking-down-on-dwi-two-new-changes-to-note/" />
            <id>https://www.afullerlaw.com/?p=49523</id>
            <updated>2026-06-25T18:53:48Z</updated>
            <published>2026-06-25T18:53:48Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Drunk driving laws are not static. Legislatures revise statutes, agencies update administrative rules and courts interpret how those rules apply in real cases. Staying up to date is not only about avoiding penalties. It is about protecting your license, your livelihood and the safety of everyone on the road. As such, it is important to note that Texas lawmakers have…]]></summary>
			                <content type="html" xml:base="https://www.afullerlaw.com/blog/2026/06/texas-is-cracking-down-on-dwi-two-new-changes-to-note/"><![CDATA[Drunk<span style="font-weight: 400;"> driving laws are not static. Legislatures revise statutes, agencies update administrative rules and courts interpret how those rules apply in real cases. Staying up to date is not only about avoiding penalties. It is about protecting your license, your livelihood and the safety of everyone on the road. As such, it is important to note that Texas lawmakers have recently agreed to increase penalties for certain drunk driving offenses throughout the state. The following will provide an overview of these updates and tips if you face allegations of an offense. </span>
<h2><span style="font-weight: 400;">What are the updates to Texas drunk driving laws?</span></h2>
<span style="font-weight: 400;">There are two of note:</span>
<ol>
 	<li style="font-weight: 400;" aria-level="1"><b>School zone: </b><span style="font-weight: 400;">Those who are arrested for drunk driving in a school crossing zone now face felony charges. </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Minors in the vehicle:</b><span style="font-weight: 400;"> Allegations of drunk driving with a child under the age of 15 in the vehicle can also result in felony charges.</span></li>
</ol>
<span style="font-weight: 400;">These felony charges apply even for first time offenses. This means even a first offense </span><a href="https://www.firstalert7.com/2026/01/08/new-texas-dwi-laws-create-more-ways-charges-become-felonies/" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">can now result</span></a><span style="font-weight: 400;"> in years of jail time and a $10,000 fine. </span>
<h2><span style="font-weight: 400;">How can I protect my rights if facing a DWI in Texas?</span></h2>
<span style="font-weight: 400;">A driver facing DWI charges in Texas can protect their legal rights by acting quickly and staying disciplined in what they say and do. The driver should request legal counsel as soon as possible and avoid answering investigative questions beyond providing required identification information. The driver should not discuss the incident with police, jail staff or anyone else who could later become a witness, and the driver should not post details on social media or send messages about the arrest. </span>

<span style="font-weight: 400;">It is also important to take immediate steps to address administrative deadlines and evidence issues that can affect the case. There are many legal steps involved which can include the need to request an Administrative License Revocation hearing, review dash and body camera footage as well as breath or blood testing records and maintenance and calibration logs for testing devices. </span>

<span style="font-weight: 400;">Legal counsel can help not only to build a defense </span><a href="https://www.afullerlaw.com/dwi-dui/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400;">tailored to details of your case</span></a><span style="font-weight: 400;"> but also to help better ensure you are aware of all necessary court dates, bond conditions and court-ordered requirements. Missed obligations can create additional legal problems. </span>

<span style="font-weight: 400;">Drunk driving laws evolve in response to public safety data, technology and court decisions. Staying up to date helps you avoid preventable mistakes, understand your responsibilities and protect your future. If you have questions about how a recent change applies to your situation, consult an experienced attorney in your jurisdiction for advice tailored to the facts.</span>]]></content>
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			        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office Of H. Alex Fuller, PLLC</name>
				            </author>
            <title type="html"><![CDATA[What it means to face a per se DWI charge in Texas]]></title>
            <link rel="alternate" type="text/html" href="https://www.afullerlaw.com/blog/2026/06/what-it-means-to-face-a-per-se-dwi-charge-in-texas/" />
            <id>https://www.afullerlaw.com/?p=49521</id>
            <updated>2026-06-24T23:46:39Z</updated>
            <published>2026-06-24T23:46:39Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Motorists might face driving while intoxicated (DWI) charges because of their involvement in a collision. They might get arrested after a traffic stop, even if an officer pulls them over for an unrelated issue. Often, poor driving contributes to the DWI arrest. Police officers stop people who swerve all over the road or show other signs of intoxication. However, the…]]></summary>
			                <content type="html" xml:base="https://www.afullerlaw.com/blog/2026/06/what-it-means-to-face-a-per-se-dwi-charge-in-texas/"><![CDATA[Motorists might face driving while intoxicated (DWI) charges because of their involvement in a collision. They might get arrested after a traffic stop, even if an officer pulls them over for an unrelated issue.

Often, poor driving contributes to the DWI arrest. Police officers stop people who swerve all over the road or show other signs of intoxication.

However, the state can also pursue per se charges without proving that a driver struggled to operate a vehicle safely. Understanding what constitutes a per se DWI can help people decide on the best defense strategy.
<h2>A per se offense involves a high alcohol level</h2>
Most times, per se DWI charges begin with failed chemical tests. Anyone whose blood alcohol concentration (BAC) is<a href="https://www.findlaw.com/state/texas-law/overview-of-texas-dwi-laws.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external"> over the legal limit</a> could face a DWI charge, even if they drove perfectly before encountering a police officer.

For most adults in Texas, the BAC limit that applies is 0.08%. Those not old enough to legally drink are generally subject to a 0.02% BAC limit. Anyone operating a commercial vehicle, such as a bus or semi-truck, is subject to a 0.04% BAC limit.

Defense strategies are often much different in per se cases than in those based on collisions or poor driving. Excluding test results from the trial or providing explanations for a failed test could raise questions about whether a driver was truly over the legal limit.

Reviewing the details of the state's case with an experienced criminal defense attorney can help those who have been charged with a <a href="/dwi-dui/" target="_blank" rel="noopener" data-wpel-link="internal">Texas DWI offense</a> limit their risk of a conviction and protect their rights.]]></content>
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			        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office Of H. Alex Fuller, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Understanding criminal conspiracy charges in Texas law]]></title>
            <link rel="alternate" type="text/html" href="https://www.afullerlaw.com/blog/2026/06/understanding-criminal-conspiracy-charges-in-texas-law/" />
            <id>https://www.afullerlaw.com/?p=49519</id>
            <updated>2026-06-13T19:51:50Z</updated>
            <published>2026-06-13T19:51:50Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[You may face criminal conspiracy charges in Texas if you are accused of agreeing with one or more people to commit a felony and taking action that demonstrates a clear intent to proceed with the agreement. The offense does not even need to be completed for you to be charged with conspiracy. The legal focus is on whether intent and…]]></summary>
			                <content type="html" xml:base="https://www.afullerlaw.com/blog/2026/06/understanding-criminal-conspiracy-charges-in-texas-law/"><![CDATA[You may face criminal conspiracy charges in Texas if you are accused of agreeing with one or more people to commit a felony and taking action that demonstrates a clear intent to proceed with the agreement. The offense does not even need to be completed for you to be charged with conspiracy.

The legal focus is on whether intent and coordination can be reasonably inferred from the conduct of the parties involved. This means you can be criminally liable without a written contract or a confession that you planned to execute a felony.
<h2>How conspiracy cases are built</h2>
Conspiracy charges are often built using indirect evidence. Text messages, call logs, financial transactions and location data are frequently examined for patterns that suggest planning or cooperation. Even ordinary interactions can take on a different meaning, depending on how the evidence is presented. Witness testimony from the individuals involved can also be used to support the prosecution’s case.

Prosecutors may then point to an alleged "overt act" as evidence that the agreement moved beyond discussion and into action. That act does not need to be unlawful on its own. It only needs to be presented as a step in furtherance of the alleged objective.
<h2>What determines the seriousness of a conspiracy charge?</h2>
<a href="https://codes.findlaw.com/tx/penal-code/penal-sect-15-02/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Criminal conspiracy in Texas</a> is classified one level below the most serious felony involved in the alleged plan. For instance, a drug trafficking conspiracy might involve:
<ul>
 	<li>Possession of a controlled substance</li>
 	<li>Delivery/distribution of drugs</li>
 	<li>Money laundering</li>
</ul>
Each of those offenses carries its own felony classification and level of severity. Rather than averaging them or randomly selecting one, Texas law bases the conspiracy charge on the most serious felony connected to the plan. The conspiracy offense is then classified one category below that felony.
<h2>Act quickly to protect your interests</h2>
The stakes are very high if you are facing conspiracy charges in Texas, and acting early is crucial. The alleged agreement, the overt act and every piece of evidence the prosecution intends to use can all be challenged, but only if you <a href="/criminal-law/" target="_blank" rel="noopener" data-wpel-link="internal">have experienced legal representation</a> before the case solidifies against you.]]></content>
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			        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office Of H. Alex Fuller, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Is a threat assault in Texas?]]></title>
            <link rel="alternate" type="text/html" href="https://www.afullerlaw.com/blog/2026/05/is-a-threat-assault-in-texas/" />
            <id>https://www.afullerlaw.com/?p=49517</id>
            <updated>2026-05-28T17:58:46Z</updated>
            <published>2026-05-28T17:58:46Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Yes, just intentionally making a threat that the other person believes is genuine can result in assault charges in Texas. This is important to note because many people assume that it is only assault if physical contact is made. But the reality is that someone can be arrested and charged even if there was never any physical contact and they…]]></summary>
			                <content type="html" xml:base="https://www.afullerlaw.com/blog/2026/05/is-a-threat-assault-in-texas/"><![CDATA[<span style="font-weight: 400">Yes, just intentionally making a threat that the other person believes is genuine can result in assault charges in Texas.</span>

<span style="font-weight: 400">This is important to note because many people assume that it is only assault if physical contact is made. But the reality is that someone can be arrested and charged even if there was never any physical contact and they did not harm the other individual. Just </span><a href="https://www.findlaw.com/state/texas-law/texas-assault-and-battery-laws.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400">making a threat</span></a><span style="font-weight: 400"> can lead to Class C misdemeanor charges.</span>
<h2><span style="font-weight: 400">What are the ramifications?</span></h2>
<span style="font-weight: 400">One important detail to keep in mind is that the potential sentence for a charge is much different if there is physical contact or not. For instance, a threat may lead to Class C misdemeanor charges, which could lead to a fine of up to $500.</span>

<span style="font-weight: 400">However, if there is physical contact and injury, even without other aggravating factors, this could mean that it is a Class A misdemeanor. This is a much more serious charge that could lead to fines of up to $4,000 and up to a year of incarceration.</span>
<h2><span style="font-weight: 400">What are aggravating factors?</span></h2>
<span style="font-weight: 400">Some cases do have aggravating factors present, such as if the person being assaulted is a public servant, a family member, an EMT, a police officer or others in certain official positions.</span>

<span style="font-weight: 400">In some cases, these can escalate the charges. For instance, aggravated assault that is committed against a police officer is often a first-degree felony, which could lead to five years to life behind bars, depending on the specifics of the case.</span>
<h2><span style="font-weight: 400">Your defense options</span></h2>
<span style="font-weight: 400">This helps show how every assault case is different, and there are many details that need to be considered when facing charges. If you find yourself in this position, it is critical that you know exactly what charges you are facing and what </span><a href="/assault/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">legal defense options</span></a><span style="font-weight: 400"> you have.</span>

&nbsp;]]></content>
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			        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office Of H. Alex Fuller, PLLC</name>
				            </author>
            <title type="html"><![CDATA[The Insanity Defense vs. Competency to Stand Trial: A Primer]]></title>
            <link rel="alternate" type="text/html" href="https://www.afullerlaw.com/blog/2026/05/insanity-defense-vs-competency-to-stand-trial-texas/" />
            <id>https://www.afullerlaw.com/?p=49505</id>
            <updated>2026-05-25T09:17:59Z</updated>
            <published>2026-05-25T09:00:20Z</published>
					<taxo:topics><![CDATA[Competency Hearings, Criminal Defense, Insanity Defense, Mental Health Defense, NGRI, Texas Criminal Law]]></taxo:topics>
            <summary type="html"><![CDATA[This seems to be in the news a lot right now, so here is a quick guide to the difference between insanity and competency under Texas law. Very simply put, a defendant is “incompetent” when he is not capable of understanding the legal system or assisting in his own defense *right now*. He is legally “insane” when, due to a…]]></summary>
			                <content type="html" xml:base="https://www.afullerlaw.com/blog/2026/05/insanity-defense-vs-competency-to-stand-trial-texas/"><![CDATA[This seems to be in the news a lot right now, so here is a quick guide to the difference between insanity and competency under Texas law.

Very simply put, a defendant is “incompetent” when he is not capable of understanding the legal system or assisting in his own defense *right now*. He is legally “insane” when, due to a severe mental disease or defect, he was incapable of understanding what he was doing was wrong *at the time of the offense.*

Insanity is a strict standard; competency less so. Both require a mental health professional to evaluate the defendant and give an opinion about their mental status. Both the State and Defense have a right to object to the findings and request re-evaluations or even jury trials on the issue of competency.

I have had clients found incompetent for the expected reasons, like untreated schizophrenia, but also for unusual ones. One client was found incompetent because their anxiety was so severe they could not discuss their case or listen to my advice without having panic attacks. Another was found incompetent because they were developing memory issues and could not retain or remember my advice.

Most defendants regain competency, but some never do. If they do not, the State can seek to civially commit them in some cases, but others must dismiss the case depending on how long they’ve been held in custody. The court has the option to order them into outpatient competency restoration if it would be safe to do so, or may require them to go through restoration in custody.

Many defendants are incompetent without being insane. As a practical matter, insanity litigation usually cannot proceed until the defendant has been restored to competency. Once a defendant is restored to competency and experts conclude they meet the insanity standard, the real work begins.

Over the years I have litigated dozens of competency hearings and secured several verdicts of Not Guilty by Reason of Insanity, including for serious cases such as aggravated assault. Typically, my first step in securing this verdict is convincing the prosecutor it is the right thing to do. Often I begin the process by disclosing medical records to and discussing the defendant’s mental state with the State’s attorneys during the competency process. If the State accepts my expert’s finding of insanity, then we will have a quick bench trial where the defense stipulates the State can prove its case and the State stipulates the defense can prove insanity. Otherwise, the State can get its own expert and we will litigate the issue at trial. Once the defendant is found NGRI, depending on the type of case the judge can order the defendant into custody to be held and evaluated in a mental hospital.

Handling mental health cases is, in my eyes, a public service. If you know anyone who needs to discuss a mental health case, have them reach out to me at <a href="/" data-wpel-link="internal">www.afullerlaw.com</a> or <a href="tel:+1-972-905-0572" data-wpel-link="internal">972-905-0572</a>.

<img class="alignnone wp-image-49506 size-full" src="/wp-content/uploads/sites/1100779/2026/05/Blog-img.jpg" alt="Texas criminal defense attorney discussing insanity defense and competency to stand trial" width="512" height="341" />]]></content>
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			        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office Of H. Alex Fuller, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Facing criminal charges? Stay calm, stay focused]]></title>
            <link rel="alternate" type="text/html" href="https://www.afullerlaw.com/blog/2026/05/facing-criminal-charges-stay-calm-stay-focused/" />
            <id>https://www.afullerlaw.com/?p=49442</id>
            <updated>2026-05-15T19:13:42Z</updated>
            <published>2026-05-15T19:13:42Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Facing criminal charges is an inherently overwhelming situation. As a result, people generally experience panic, fear and uncertainty after an arrest or learning that they are under investigation. Concerns about jail time, employment, family relationships and personal reputation can quickly become consuming.  While these feelings are understandable, one of the most important things you can do in the wake of…]]></summary>
			                <content type="html" xml:base="https://www.afullerlaw.com/blog/2026/05/facing-criminal-charges-stay-calm-stay-focused/"><![CDATA[<span style="font-weight: 400">Facing criminal charges is an inherently overwhelming situation. As a result, people generally experience panic, fear and uncertainty after an arrest or learning that they are under investigation. Concerns about jail time, employment, family relationships and personal reputation can quickly become consuming. </span>

<span style="font-weight: 400">While these feelings are understandable, one of the most important things you can do in the wake of an arrest or investigation is remain calm and focused as the legal process unfolds. Allowing your </span><a href="https://www.health.harvard.edu/mindscape/for-young-people/brain-body-connection/fight-flight-or-freeze" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400">flight, flight, or freeze instinct</span></a><span style="font-weight: 400"> to guide your actions can compromise the strength of your defense. </span>
<h2><span style="font-weight: 400">Pause, breathe and only then proceed in informed, supported ways</span></h2>
<span style="font-weight: 400">Emotional reactions often lead to costly mistakes. Some individuals attempt to explain themselves to police immediately, hoping to get ahead of any trouble that might otherwise escalate. Others begin contacting witnesses, posting on social media or discussing details of the case with friends and coworkers. Unfortunately, statements made during stressful moments can later be misunderstood, misquoted or used against you in court.</span>

<span style="font-weight: 400">Staying calm does not mean ignoring the seriousness of the situation. Criminal charges should always be taken seriously, whether they involve DUI allegations, drug offenses, assault charges, theft accusations or white-collar crimes. However, panic rarely improves the outcome. Careful decisions and a </span><a href="/criminal-law/how-to-survive-the-criminal-process/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400">strategic legal response</span></a><span style="font-weight: 400"> are far more effective than reacting emotionally.</span>

<span style="font-weight: 400">You have the right to remain silent and the right to legal representation. Exercising those rights is not an admission of guilt. Investigators and prosecutors are trained to gather evidence and build cases. Even innocent or casual remarks may unintentionally create problems for your defense later.</span>

<span style="font-weight: 400">Missing court dates, violating bond conditions or engaging in confrontations can also seriously damage your position. Judges and prosecutors often pay close attention to how defendants conduct themselves after charges are filed.</span>

<span style="font-weight: 400">Maintaining stability in your personal life may also help you navigate the situation more effectively. Continuing to work, supporting your family and following court instructions can demonstrate responsibility and seriousness throughout the legal process.</span>

<span style="font-weight: 400">Criminal charges can make it feel as though your future is suddenly out of your control. However, staying calm, staying focused and making informed decisions can help you avoid unnecessary mistakes while giving your defense the strongest possible foundation moving forward. </span>]]></content>
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	        <entry>
            <author>
									                    <name>On Behalf of The Law Office Of H. Alex Fuller, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Why does gauging one’s own sobriety often lead to arrest?]]></title>
            <link rel="alternate" type="text/html" href="https://www.afullerlaw.com/blog/2026/05/why-does-gauging-ones-own-sobriety-often-lead-to-arrest/" />
            <id>https://www.afullerlaw.com/?p=49439</id>
            <updated>2026-05-02T12:52:04Z</updated>
            <published>2026-05-02T12:52:04Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Most people do not set out to knowingly drive over the speed limit. While there are certainly some who know they are over the limit and proceed to drive anyway, most drivers try to avoid the risk of a DWI. You will often see people at events and bars trying to gauge how sober they are. They came out knowing…]]></summary>
			                <content type="html" xml:base="https://www.afullerlaw.com/blog/2026/05/why-does-gauging-ones-own-sobriety-often-lead-to-arrest/"><![CDATA[Most people do not set out to knowingly drive over the speed limit. While there are certainly some who know they are over the limit and proceed to drive anyway, most drivers try to avoid the risk of a DWI.

You will often see people at events and bars trying to gauge how sober they are. They came out knowing they needed to drive home, but also wanted to have something to drink. So, they are left trying to work out when exactly they are safe to leave.
<h2>People are poor judges of their BAC</h2>
The key thing that matters in most DWI cases is a person’s blood alcohol level. If they are over the limit, when tested by the police, then the officers will arrest them. Officers can, of course, arrest someone even when they have not reached the legal BAC limit, if they have solid grounds to believe the person’s driving was impaired by the alcohol they had consumed. For instance, if they observed them slewing across the road, or if the driver failed the field sobriety tests, such as the walk and turn.

What exactly your BAC sits at in any given moment is incredibly hard to know without carrying out a chemical test. Drink sizes and strengths can vary considerably, so two glasses of one particular beer could result in a much higher BAC than two similar-sized glasses of another, just as a shot poured by one person could result in higher BAC levels than a shot poured by someone else.

Your body will also process alcohol differently from someone else’s, and some days your body will process it more slowly than on other days. Researchers who tested people’s ability to determine when they reached the legal BAC limit found that between <a href="https://www.cam.ac.uk/research/news/drinkers-risk-exceeding-legal-driving-limit-by-underestimating-how-drunk-they-are" data-wpel-link="external" target="_blank" rel="noopener noreferrer">39% and 53% of people</a> called it too late.

If you did try to gauge your drinking and the police say you got it wrong, it’s important to remember that they, too, can make mistakes. A thorough assessment of your situation by a legal professional experienced in <a href="https://www.afullerlaw.com/dwi-dui/" data-wpel-link="internal">DWI defense</a> is always worth considering in situations like yours.]]></content>
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	        <entry>
            <author>
									                    <name>On Behalf of The Law Office Of H. Alex Fuller, PLLC</name>
				            </author>
            <title type="html"><![CDATA[What should I do if my child gets arrested while at college?]]></title>
            <link rel="alternate" type="text/html" href="https://www.afullerlaw.com/blog/2026/04/what-should-i-do-if-my-child-gets-arrested-while-at-college/" />
            <id>https://www.afullerlaw.com/?p=49437</id>
            <updated>2026-04-27T19:25:08Z</updated>
            <published>2026-04-27T19:25:08Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[The phone call every parent dreads often starts the same way: “Something happened, and I got arrested.” In that moment, it is natural to focus on the criminal charge  —what it means, what happens next and how to protect your child. But for college students, an arrest can trigger a second, parallel problem that many families do not see coming:…]]></summary>
			                <content type="html" xml:base="https://www.afullerlaw.com/blog/2026/04/what-should-i-do-if-my-child-gets-arrested-while-at-college/"><![CDATA[The<span style="font-weight: 400;"> phone call every parent dreads often starts the same way: “Something happened, and I got arrested.” In that moment, it is natural to focus on the criminal charge  —what it means, what happens next and how to protect your child. But for college students, an arrest can trigger a second, parallel problem that many families do not see coming: the university’s disciplinary process.</span>

<span style="font-weight: 400;">The criminal case moves through law enforcement, prosecutors and the courts, with rules of evidence, constitutional protections, and outcomes like dismissal, diversion, probation or conviction. At the same time, the university may open its own investigation under the student code of conduct, housing policies or Title IX procedures, often using a different standard of proof and a different timeline. Even if the criminal case gets reduced — or never results in a conviction — the campus process can still lead to </span><a href="https://graduate.catalog.untdallas.edu/policies/student-code-of-conduct" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">serious consequences</span></a><span style="font-weight: 400;">, including interim suspension, removal from housing, loss of scholarships, academic restriction or notation issues that affect future opportunities.</span>

<span style="font-weight: 400;">This blog explains how parents can help their child navigate through this difficult time by avoiding common missteps, supporting the child’s decision making and taking steps to mitigate the impact on their future. </span>
<h2><span style="font-weight: 400;">Avoid common missteps</span></h2>
<span style="font-weight: 400;">When helping an adult child facing criminal charges while at college, it is helpful to avoid missteps that can unintentionally worsen the legal case or create new problems. Do not contact the alleged victim, witnesses, campus staff or other students to “clear things up.” Parents sometimes try to negotiate or gather statements, and the student may text apologies or explanations; instead, direct all communication through the attorney and remind your child not to discuss the incident with anyone except counsel. </span>

<span style="font-weight: 400;">Do not assume the campus conduct process is separate or harmless — students may give detailed statements to residence life, Title IX investigators or deans that later surface in court; encourage your child to ask for legal advice before any interview. </span>

<span style="font-weight: 400;">It is also important to refrain from posting about the situation on social media or in parent groups. This can serve as evidence if the matter escalates. </span>

<span style="font-weight: 400;">Finally, do not let stress drive the process. Parents may pressure their child to just plead or, conversely, to fight at all costs; instead, set a clear plan for deadlines, transportation, academic coordination, mental-health support and decision-making roles so your child stays responsible while you provide structured, practical help.</span>
<h2><span style="font-weight: 400;">Support your child’s decision making</span></h2>
<span style="font-weight: 400;">The situation is particularly complex because not only is the child an adult but they are also often living on their own outside of the family home. The following tips can help parents provide support from afar:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Pause before contact. </b><span style="font-weight: 400;">Take a moment to gather information and your thoughts before every contact. </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Encourage legal counsel. </b><span style="font-weight: 400;">After initially learning of the situation, research reputable attorneys with experience in these matters to help protect your child’s rights and mitigate the impact of the charges on their future.  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Set boundaries. </b><span style="font-weight: 400;">Offer specific help like aid with transportation and housing plans.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Protect academic standing. </b><span style="font-weight: 400;">Encourage your child to discuss the best course of action to preserve their academic standing while also working through the criminal matter. </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Prioritize health.</b><span style="font-weight: 400;"> Do your best to make sure you are getting enough sleep and eating healthy meals. Encourage your child to do the same. </span></li>
</ul>
<span style="font-weight: 400;">It can also help to schedule check-ins. </span>
<h2><span style="font-weight: 400;">Reduce long-term fallout</span></h2>
<span style="font-weight: 400;">Parents of college age children can reduce the long term impact of an arrest by taking immediate, structured steps. Secure an experienced criminal defense attorney with a track record in local courts. Gather documents that support mitigation, including academic records, employment history, character references, medical records and community service logs. Encourage the student to follow all court orders, attend every hearing, complete required programs, maintain strong grades and keep steady work. </span>

<span style="font-weight: 400;">An arrest can trigger a criminal case plus a separate campus discipline case. Each process brings unique rules, timelines and penalties. Treat both as high stakes. Act quickly with experienced legal counsel and use this as an opportunity to help your child learn how to work through difficult times. With the right approach, you can help your child </span><a href="https://www.afullerlaw.com/criminal-law/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400;">mitigate the impact of the charges.</span></a>]]></content>
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