Sears Bennett Gerdes LLP Galveston County Criminal Law Attorney | League City Criminal Defense 2026-05-28T03:19:56Z https://www.searsandbennett.com/feed/atom/ WordPress On Behalf of Sears Bennett Gerdes LLP <![CDATA[Can coffee reduce your BAC before you drive?]]> https://www.searsandbennett.com/?p=47461 2026-05-28T03:19:56Z 2026-05-28T03:19:56Z You decide to go out for a few drinks with friends, even though you know you will eventually have to drive home. Your plan is simply not to have so much to drink that you exceed the legal blood alcohol content (BAC) limit. When it is time to go, however, you are worried about your blood alcohol concentration. One of your friends tells you to just drink a cup of coffee because that can reduce your BAC and help you sober up quickly. Is that actually true?

Coffee does not change your BAC

No, it is not true, even though it is an oft-repeated myth. Coffee is not going to have a meaningful impact on your BAC. To get your BAC to go down, you just need to wait. For most people, their BAC drops at about 0.015% per hour. If it takes you an hour to walk to a coffee shop and drink a cup of coffee before getting in the car, your BAC will have slightly declined. But it could still very well be over the legal limit, and the coffee itself is not what caused the decline. It is true that coffee can help wake you up. If you are feeling fatigued or groggy due to alcohol consumption, it may make you feel more sober. But it is crucial to know that you are just feeling more awake, not sober. Your BAC has not actually been reduced.

Your legal defense options

These types of myths and misconceptions can sometimes lead to drunk driving arrests. If you find yourself facing charges, be sure you know what defense options you have as your case progresses.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[How a vape pen could lead to a felony drug charge]]> https://www.searsandbennett.com/?p=47460 2026-05-16T14:05:49Z 2026-05-16T14:05:49Z Extract possession is a felony Texas statutes impose harsh penalties for drug possession, including marijuana possession in various situations. Extracts, including butane hash oil (BHO), traditional hash and other products, are subject to even stricter regulations than natural-state marijuana flowers. Any amount of marijuana extract that contains tetrahydrocannabinol (THC) warrants felony charges under current Texas state statutes. Products that only contain other cannabinoids, such as cannabidiol (CBD), are not subject to the same regulations. Any amount of an extract with THC can be enough to state jail felony that carries between 180 days and two years in jail and $10,000 in fines. The penalties increase from there based on the weight of the extract. Even the residue left in vaporizing devices could be enough to trigger a felony charge. Those using vape pens for their discreet appearance and reduced odor when compared with marijuana flowers may be unaware of the risk until after an arrest occurs. Anyone arrested due to vaporizer possession may need assistance developing a criminal defense strategy, and that’s okay. Working with a criminal defense attorney is important for anyone facing drug charges in Texas, but especially those accused of felony drug crimes.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[What a suspended sentence could mean for your future]]> https://www.searsandbennett.com/?p=47459 2026-05-04T09:44:03Z 2026-05-04T09:44:03Z A suspended sentence means the court has decided not to enforce a jail or prison sentence, at least for now. It might sound like a win, but it comes with serious responsibilities. You avoid incarceration as long as you comply with the conditions set by the court. Depending on your case, the court-imposed conditions may include:
  • Regular check-ins with a probation officer
  • Community service
  • Paying fines, fees or restitution to victims
  • Attending counseling or treatment programs
If you violate any condition of your suspended sentence, the court can revoke it. That means the original jail or prison sentence that had been put on hold can be enforced.

It stays on your record

Even if you never spend a day in jail, a suspended sentence will appear on your criminal record. Employers, landlords and even licensing boards can see it during background checks. This can affect job opportunities, housing options and professional certifications. That said, successfully completing probation can put you in a better position than serving time. In some cases, it may open the door to record sealing or other post-conviction legal relief.

Are you eligible for a suspended sentence?

Not everyone qualifies for a suspended sentence. Eligibility depends on factors specific to your case. Courts typically consider the nature of the offense, your criminal history and whether you pose a risk to public safety. In most cases, judges hand down suspended sentences to first-time offenders charged with non-violent crimes.

Why legal representation matters

Facing criminal charges is not the time to figure things out on your own. You may not fully understand the legal technicalities involved, and it’s easy to make decisions that can come back to haunt you. You may, for example, rush into a plea deal just because a suspended sentence is on the table, even though better options exist. Seeking qualified legal guidance can help you make sense of everything and protect your interests during your criminal proceedings.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[Can you refuse to take field sobriety tests in Texas?]]> https://www.searsandbennett.com/?p=47456 2026-04-14T17:28:59Z 2026-04-14T17:28:59Z When a police officer pulls you over on suspicion of impaired driving in Texas, they may ask you to take field sobriety tests. These could include the walk-and-turn test, the horizontal gaze nystagmus test or the one-leg stand test. These are physical tests designed to determine if you are facing a level of impairment that may make it dangerous for you to operate the vehicle. However, you can typically refuse to take these field sobriety tests. There is no need to escalate the situation, but remember that the tests are voluntary. You can politely refuse, and you will not be arrested simply for doing so. That said, the police may have other evidence that you are impaired, such as having observed certain traffic violations. So they can still arrest you, even if you do not take or fail the field sobriety tests. But you do have the option to refuse.

Is this different than a breath test?

Yes, this is much different than a breath test. If you refuse a breath test, then it can lead to an administrative license revocation. In short, Texas uses implied consent laws, like many other states. So, if you refuse to take the breath test, you are then violating these implied consent laws, and they can suspend your license administratively, even without a conviction on impaired driving charges. You do have a right to a hearing regarding this administrative suspension.

Navigating the legal process

If you are facing impaired driving charges, especially if you are a commercial driver, it can have a major impact on your future. Be sure you know exactly what defense options you have as you go through this process.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[3 types of assets that can lead to felony theft charges]]> https://www.searsandbennett.com/?p=47455 2026-03-27T13:09:15Z 2026-03-27T13:09:15Z The primary factor separating felony theft from misdemeanor theft in cases that do not involve weapons or bodily harm is the overall value of the assets. However, state prosecutors can also pursue felony charges in cases involving violence or specific types of protected property. Texas state statutes designate certain types of property as grounds for felony theft charges regardless of their value. All three types of properties described below can be a reason for the state to pursue felony theft charges regardless of their fair market value.

1. Grave markers or contents

Grave robbing is no longer as much of a social issue as it once was. However, people may still sometimes steal from burial sites, including removing grave markers. Doing so is a felony offense regardless of the value of the resources taken.

2. Certain types of livestock

Livestock represents not just the investment to acquire the animal and keep it healthy, but also a source of future revenue. Therefore, the theft of livestock can cause substantial hardship for the owners. As such, the state allows for felony charges in scenarios where people face accusations of stealing exotic livestock, exotic fowl, cattle, horses, goats, sheep or swine.

3. Firearms

Firearm registration plays a critical role in limiting violent crime and solving crimes after they occur. Firearm theft contributes to the secondary market for unmarked and unregistered firearms. Regardless of the value of a firearm, its theft automatically warrants a felony charge. Defendants facing felony theft charges may need help evaluating their circumstances and exploring different defense strategies. The insight of an attorney can help people develop defense strategies that may limit the penalties they face after a conviction.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[Can a Texas DWI become a felony offense?]]> https://www.searsandbennett.com/?p=47454 2026-03-11T13:48:33Z 2026-03-11T13:48:33Z Driving while intoxicated (DWI) offenses are criminal charges related to intoxication while driving. People who are under the influence of alcohol or drugs, including prescription medications, may be at risk of DWI charges after traffic stops or collisions. Frequently, state prosecutors pursue misdemeanor DWI charges. However, the state does occasionally pursue felony DWI charges against motorists. What specific scenarios might warrant felony charges?

The presence of aggravating factors

Some DWI offenses are technical matters. Drivers fail chemical tests but do not actually harm anyone else. Other times, a driver's conduct may put others at immediate risk of injury or worse. The state can pursue felony DWI charges in cases where an allegedly impaired driver caused a crash that resulted in injuries or death. Felony charges are also possible in cases where the driver had a passenger under 15 years old in the vehicle with them at the time of their arrest.

The prior record of the driver

Repeat DWI offenses expose motorists to escalating penalties and even harsher charges. If a motorist has two or more prior DWI convictions on their record, prosecutors are likely to bring felony charges for third and subsequent DWI offenses. Drivers face not only harsher penalties but also a much more serious blemish on their criminal record. Anyone accused of a DWI, especially a repeat DWI offense, may need help responding in court. The escalating penalties and charges make a well-planned defense necessary in many cases. Working with a criminal defense attorney can help people develop a strategy for trial or negotiate a plea bargain to potentially bypass the worst penalties possible.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[3 possible consequences of domestic violence charges]]> https://www.searsandbennett.com/?p=47453 2026-03-02T00:50:01Z 2026-03-02T00:50:01Z 1. Criminal penalties Assault, including domestic or family violence, is a Class A misdemeanor for a first offense. The potential criminal penalties include up to a year in jail and $4,000 in fines. Repeat offenders and those accused of offenses with aggravating factors, such as the use of a weapon, may potentially face felony charges with more serious penalties.

2. Career setbacks

A violent criminal conviction can have a strong negative impact on an individual’s future opportunities. Every employer, landlord and educational institution considering an individual's application may perform a background check. Many parties specifically exclude those with violent convictions.

3. Child custody complications

An act of domestic violence does not need to involve children to affect a parent’s relationship with them. Judges hearing contested custody cases try to make choices that are in the children's best interests. They may limit the parenting time of an adult with a violent criminal conviction or might even order supervised parenting time. Fighting domestic violence charges can help people avoid the worst possible consequences. The support of a defense attorney can help those accused of domestic violence evaluate their options for a defense strategy.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[Diversion programs for first-time drug offenses]]> https://www.searsandbennett.com/?p=47452 2026-02-16T01:00:37Z 2026-02-16T01:00:37Z What is a diversion program? A drug diversion program is offered as an intervention system designed to reduce recidivism and the costs of incarceration. Instead of proceeding through the traditional criminal court process, the defendant agrees to complete the program, which includes:
  • Treatment
  • Education
  • Counseling
  • Developing job skills
The participant sets their own pace, but program completion usually takes 12 to 18 months. If the participant completes the program, the prosecutor will typically dismiss the charges. Failing or being removed from the program will return the case to the criminal court process, likely resulting in a jail sentence. Diversion programs in Texas are handled at the county level, which means eligibility requirements may vary depending on where the charge was filed. However, these programs are generally intended for people with little or no criminal history who are charged with a non-violent drug offense, such as simple possession. Prosecutors will often consider factors such as prior arrests, the amount and type of the substance involved and the overall circumstances of the case. The goal of a diversion program is rehabilitation instead of punishment. Courts often recognize the fact that a single mistake doesn’t always justify a criminal record. The individual has an opportunity to avoid a conviction, which can protect their ability to find employment, secure housing, pursue their education or maintain their professional license. The second chance offered by a diversion program can be life changing. If you are facing a first-time drug charge, it’s essential to explore all of your options. You also need experienced legal guidance from someone who can guide you and advocate on your behalf with the prosecution. Resolving your case without a criminal record can protect your future.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[Does failing a breath test guarantee a DWI conviction?]]> https://www.searsandbennett.com/?p=47450 2026-02-01T17:34:02Z 2026-02-01T17:34:02Z Most drivers have a blood alcohol concentration limit of 0.08%. In order to measure someone’s BAC during a traffic stop, the police will administer a breath test. Some drivers are subject to lower limits, such as commercial drivers or those who are under 21 years old. If the results of that breath test show that the driver was over their legal limit, many people assume that this means they are guaranteed to be convicted on DWI charges. They see the breath test as clear and unequivocal evidence that shows they are guilty of breaking the law. But is this actually true?

There are ways to challenge a breath test

Not necessarily. You can challenge the results of the breath test, which may not be fully accurate. For example, officers need proper training on how to administer the breath test. If the officer never received training, it may not be clear if they performed the test correctly. When you can identify certain mistakes that the officer made, which could have increased the BAC reading, it may demonstrate that those results are unreliable. Additionally, breath test devices need to be calibrated periodically to check their accuracy, and routine maintenance may need to be carried out. But if the police department neglected the device, never performing routine maintenance or keeping calibration records, then it is unclear whether the driver actually exceeded the BAC limit. Once again, the results may not be fully reliable in a DWI case.

Your defense options

This demonstrates how you may be able to challenge your breath test results, which is one potential defense option to consider. It can help to work with an experienced law firm as you look into all of your options and move through the legal system.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[How to handle a delinquent teen]]> https://www.searsandbennett.com/?p=47449 2026-01-22T17:08:14Z 2026-01-22T17:08:14Z Dealing with a teen involved in juvenile offenses can be stressful, confusing and downright frustrating. Parents and guardians may feel overwhelmed when trying to balance discipline with support. Understanding the reasons behind a teen’s behavior and the options available can help in your decision-making process. Juvenile delinquency can range from minor infractions to more serious criminal acts. Early intervention is key, as addressing the issue promptly can prevent further complications and help teens make better choices.

Steps to address juvenile delinquency

These practical steps can help guide your teen toward better choices and reduce the risk of future trouble.
  • Open communication: Have radical, honest conversations with your child. Listening without immediate judgment allows them to share what they’re experiencing and why they may be acting out.
  • Set clear boundaries: Teens need structure to understand acceptable behavior and the limits of their actions. Consistency reinforces accountability and helps them make better decisions.
  • Monitor activities and peer groups: Keep an eye on who your teen interacts with and the environments they spend time in. Positive peer influences and safe activities can reduce the risk of repeated delinquent behavior.
  • Encourage positive outlets: Involvement in sports, arts, volunteering or other structured activities can provide focus and improve self-esteem. Engaging teens in constructive hobbies can redirect energy away from negative behaviors.
  • Seek support services: Counseling, mentoring programs and community resources can address underlying issues like anger, stress or social challenges. Professional support can offer tools to help teens manage behavior more effectively.
Handling a delinquent teen requires patience, understanding and careful attention. While taking steps at home can help guide them in a positive direction, some situations may benefit from professional input, such as feedback from a legal team or therapist, to help ensure all legal and personal aspects are considered.  Being aware of available resources and understanding your teen’s needs can make a lasting impact on their development. ]]>