5 Critical Mistakes to Avoid After a DWI Arrest in Houston
A Houston DWI attorney walks through the five most damaging mistakes people make after a DWI arrest in Harris County — and how to avoid them.
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Videos
Houston Criminal Defense Attorneys creates these informative videos to help educate people who have been charged with a crime in Houston or Harris County, Texas. Managing Partner Brian Foley discusses various topics related to criminal law and prosecution in Houston, Texas. Watch the full library on our YouTube channel, or browse every video below — each has its own page so it can be found and indexed individually.
5 Things to Know Before Talking to the Police in 2026
Video: A Houston criminal defense attorney explains five things to know before talking to the police in 2026 — your right to leave, to refuse searches, and to remain silent.
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5 Things to Avoid if Charged with DWI in Houston
5 Things to Avoid if Charged with DWI in Houston — Board Certified Houston DWI attorneys and former prosecutors Brian Foley and Luis Baez explain the mistakes that can sink a DWI case in Harris County.
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2026 Houston DWI Survival Guide
Video: A Board Certified Houston DWI attorney's 2026 survival guide — the 15-day license deadline, field sobriety and chemical tests, penalties, and how to protect your record.
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Houston DUI Attorney 2025 — Update on the Laws and DWI
Video: A Houston DUI attorney gives a 2025 update on Texas DWI and DUI laws, clearing your record, and how technology is reshaping DWI cases.
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Are THC Vape Pens Illegal in Texas? SB2024 and SB6
Houston criminal defense attorneys explain whether THC vape pens are illegal in Texas after SB 2024 — the sales ban, the failed SB 6, and Penalty Group 2 prosecution risks.
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Texas Penal Code Sec. 9.21 – Public Duty
Houston criminal lawyer Brian Foley explains the Public Duty defense under Texas Penal Code Sec. 9.21 — when conduct is justified, the limits on force, the deadly-force standard, and reasonable belief.
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What Happens When You Get Arrested in Houston, Texas in 2025?
Video: Brian Foley outlines what happens when you get arrested in Houston, Texas in 2025 — arrest, bail, evidence disclosure, arraignment, plea bargains, and expunction.
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Possession of Marijuana in Harris County (2025)
Brian Foley explains that Harris County is again making full arrests for simple marijuana possession — what happens after an arrest, the General Order Bond, and how to get the case dismissed and expunged.
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Texas Penal Code 9.31 — Self-Defense
A Houston assault lawyer breaks down Texas Penal Code Section 9.31, which governs the use of non-deadly force in self-defense — the reasonable-belief standard, the presumptions, the limits, and stand your ground.
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Texas Penal Code § 9.22 — Necessity
Video: A Houston criminal lawyer explains Texas Penal Code Section 9.22, the necessity defense, and when justified conduct applies in Texas.
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Texas Penal Code § 9.06 — Civil Remedies Unaffected
Video: A Houston criminal lawyer explains Texas Penal Code Section 9.06, Civil Remedies Unaffected, and how justified conduct can still lead to civil liability.
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Top Criminal Lawyer Questions — Houston, Texas
Video: Managing partner Brian Foley answers the top criminal lawyer questions in Houston, Texas — misdemeanor vs. felony, intent, plea deals, self-defense, and your rights.
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Texas Penal Code 9.05 — Reckless Injury of Innocent Third Persons
A Houston criminal defense attorney explains Texas Penal Code Section 9.05 — how the reckless injury of an innocent third person can strip away a self-defense justification.
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Can You Be Arrested for a False Report in a Family Violence Case?
Former prosecutors Brian Foley and Luis Baez explain whether recanting in a Texas family violence case can lead to a false-report arrest, plus evidence-based prosecution and protective orders.
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Do You Have to Give Your Name or ID to the Police?
Brian Foley explains Texas Penal Code Section 38.02, 'failure to identify' — when you must give your name, address, or ID to a peace officer, and the penalties for refusing or lying.
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Mavericks Assistant Coach Case: Legal Insights
Brian Foley breaks down the aggravated assault with a deadly weapon charge against Dallas Mavericks assistant coach Darrell Armstrong and how a firearm turns a threat into a second-degree felony.
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Is It Legal to Drive Through a Roadblock?
Brian Foley and Luis Baez break down a viral Jeep Wrangler roadblock video — who has authority to stop you, when driving forward becomes aggravated assault, and why missing context matters.
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Texas Penal Code Section 9.04: Threats as Justifiable Force
Houston assault attorney Brian Foley explains Texas Penal Code Section 9.04 — when a threat of force, such as displaying a weapon, is legally justified without amounting to the use of deadly force.
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Understanding Federal Target Letters
Brian Foley and Luis Baez explain what a federal target letter is, why the DOJ sends them, how federal cases differ from state cases, and the steps to take if you receive one.
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Houston Federal Criminal Lawyer — Frequently Asked Questions
Brian Foley answers the most frequent questions from those facing federal charges in Houston — the charges, your rights, bail, penalties, timelines, and what to do next.
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Federal Drug Charges
Brian Foley and Luis Baez explain federal drug charges in Houston — how these cases are investigated, common offenses, the harsh mandatory-minimum penalties, and how to defend against them.
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Federal Sentencing Guidelines for Drug Charges
A Houston federal drug charge lawyer explains how federal sentencing guidelines work for drug offenses — base offense levels, mandatory minimums by drug and quantity, the safety valve, and substantial assistance.
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Texas Penal Code § 9.03 — Confinement as Justifiable Force
Video: A Houston criminal defense attorney explains Texas Penal Code Section 9.03, when confinement can be justifiable force, and the role of citizen's arrest.
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Texas Penal Code § 9.02 — Justification
Video: A Houston criminal defense attorney explains Texas Penal Code Section 9.02, the justification defense, the scenarios in Chapter 9 where it applies, and its limitations.
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Does a DWI Go on My Record?
Houston DWI attorney Brian Foley explains what a criminal 'record' really is, how a DWI arrest is logged, how long it stays, and the difference between expunction and non-disclosure.
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The Walk and Turn Test
Houston DWI attorney Brian Foley breaks down the walk-and-turn field sobriety test — the eight clues, who shouldn't be tested, and why how you look on video matters most.
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Houston DWI Attorneys — The Secrets to Dismissal of a DWI Charge
Video: A Houston DWI lawyer explains how to get a DWI dismissed by challenging the traffic stop, using State v. Hardin and State v. Ballman.
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Can You Still Be Arrested in Texas During a Hurricane?
Board Certified criminal law attorney Brian Foley explains Texas Penal Code Sec. 12.50 — the increased penalties for offenses committed during a declared disaster or evacuation order.
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Houston Public Intoxication Lawyer — Most Common Places to Get Arrested
Video: A Houston public intoxication lawyer explains the most common places people get arrested for public intoxication in Houston and whether you can get it off your record.
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Texas Code of Criminal Procedure Art. 3.05 — Racial Profiling & Whren v. United States
Video: A Houston DWI attorney explains Texas Code of Criminal Procedure Art. 3.05 on racial profiling and how Whren v. United States governs pretextual traffic stops.
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Texas Penal Code Article 9.01 — Definitions
Brian Foley explains Texas Penal Code Section 9.01, the definitions foundational to Chapter 9's justification defenses — custody, escape, deadly force, habitation, and vehicle.
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Houston Criminal Attorney Comments on Man Arrested for Assault
Video: A Houston criminal attorney unravels the unusual case of Bryant Amastha, a quadriplegic accused of battery on a law enforcement officer.
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Can Your Driver's License Be Suspended for a DWI?
Video: A Houston DWI lawyer explains how a DWI can suspend your driver's license, refusal vs. failure suspensions, the 15-day ALR deadline, and occupational licenses.
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Texas Penal Code § 8.02 — Mistake of Fact
Video: A Houston criminal defense attorney explains Texas Penal Code Section 8.02, the mistake of fact defense, and the reasonable belief requirement.
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Texas Code of Criminal Procedure Art. 3.04 — Official Misconduct
Brian Foley explains Art. 3.04 of the Texas Code of Criminal Procedure, which defines 'Official Misconduct' — intentional or knowing violations of the law by a public servant acting in an official capacity.
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Texas Penal Code 8.08 — Lack of Capacity / Mental Illness
A Houston criminal attorney explains Texas Penal Code 8.08 — the special lack-of-capacity provision for children with mental illness or developmental disability in Class C cases.
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Texas Penal Code § 8.07 — Age Affecting Criminal Responsibility
Video: A Houston criminal defense lawyer explains Texas Penal Code Section 8.07, how age affects criminal responsibility, and certification of juveniles as adults.
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Galveston DWI Attorneys — Representing Clients in Galveston, Texas
Former prosecutors Brian Foley and Luis Baez explain their experienced, aggressive DWI defense for clients in Galveston, Texas.
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Apple Vision Pro Gets Man Arrested: Lawyer Explains
A Houston criminal lawyer explains how the Apple Vision Pro intersects with traffic stops, reasonable suspicion, and driving-without-due-care law.
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Texas Code of Criminal Procedure Article 3.03 — Officers
Video: A Houston criminal lawyer explains Texas Code of Criminal Procedure Article 3.03, which defines 'officers' to include both magistrates and peace officers.
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Can you turn yourself in on a warrant without going to jail?
Houston criminal attorney Luis Baez explains the 'walk-thru' — how you may be able to turn yourself in on a Harris County warrant, post bond, and avoid being booked into the county jail.
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Houston Unlawful Carrying of a Weapon Lawyer
Video: A Board Certified Houston unlawful carrying of a weapon lawyer explains Penal Code Chapter 46, the plain view exception, and the Kelly v. State case.
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Unlawful Carrying of a Weapon Charges in Houston, Texas
Brian Foley, managing partner at Houston Criminal Defense Attorneys PLLC, breaks down the two subsections that most often lead to Unlawful Carrying of a Weapon (UCW) charges in Texas.
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Can you get a theft from Wal-Mart case dismissed?
Houston Criminal Defense Attorneys explain whether a theft-from-Walmart case can be dismissed, and the strategies — challenging intent, analyzing surveillance footage, and mitigation — used to get there.
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Finding the Best Criminal Lawyer in Houston
Board Certified criminal defense attorney Brian Foley discusses how to find the best criminal lawyer in Houston for your case.
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Texas Code of Criminal Procedure Art. 3.02 — Criminal Actions
Brian Foley explains Art. 3.02 of the Texas Code of Criminal Procedure — a criminal action is prosecuted by the State of Texas against the accused, and why the victim is not a party to the case.
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Texas Penal Code § 8.06 — Entrapment
Video: A Houston criminal defense attorney explains Texas Penal Code Section 8.06, the entrapment defense, the inducement requirement, and Hernandez v. State.
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Texas Penal Code 8.01 — Insanity Defense
Houston Criminal Defense Attorneys explain Texas Penal Code Section 8.01, the insanity defense — an affirmative defense available when a severe mental disease or defect meant the accused did not know their conduct was wrong.
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Will I Lose My Real Estate License Because of a DWI or Other Criminal Charge?
Video: A Houston criminal defense attorney explains how a DWI or other criminal charge can affect a Texas Real Estate Commission license and how to protect it.
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Texas Penal Code § 7.24 — Defense to Corporate Criminal Law
Video: A Houston criminal attorney explains Texas Penal Code Section 7.24, the due diligence affirmative defense for corporations, associations, and LLCs.
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Texas Penal Code 7.23 — Corporate Criminal Responsibility
Brian Foley explains Texas Penal Code Section 7.23 — how an individual is criminally responsible for conduct performed in the name of or on behalf of a corporation, association, LLC, or other business entity.
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Texas Penal Code 7.22 — Corporate Criminal Law
Brian Foley explains Texas Penal Code 7.22 — when corporations, associations, LLCs, and other business entities can be held criminally responsible for offenses committed by their agents.
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Texas Penal Code § 7.21 — Corporations, Associations, LLCs
Video: A Houston criminal attorney explains Texas Penal Code Section 7.21, the definitions governing criminal responsibility for corporations, associations, and LLCs.
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Texas Penal Code § 7.02 — Criminal Responsibility for Conduct of Another
Video: A Houston attorney explains Texas Penal Code Section 7.02, the law of parties, and criminal responsibility for the conduct of another.
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Texas Penal Code 7.03 — Defenses Excluded
Brian Foley explains Texas Penal Code Sec. 7.03 — the defenses that are excluded when an actor's criminal responsibility is based on the conduct of another.
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Texas Penal Code 7.01 — Parties to Offenses
Brian Foley explains Texas Penal Code Sec. 7.01, Parties to Offenses — how someone can be criminally responsible for another's conduct, and how Texas abolished the distinction between principals and accomplices.
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Texas Penal Code § 6.04 — Causation: Conduct and Results
Video: A Houston criminal attorney explains Texas Penal Code Section 6.04, causation, the 'but for' standard, and concurrent causes.
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Texas Penal Code § 8.04 — Intoxication as a Defense
Video: A Houston criminal attorney explains Texas Penal Code Section 8.04, why voluntary intoxication is not a defense, and how temporary insanity can mitigate a penalty.
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Texas Code of Criminal Procedure Art. 3.01 — Definitions
Board Certified criminal law attorney Brian Foley explains Texas Code of Criminal Procedure Art. 3.01, why legal definitions matter, and the canons of construction courts use to interpret the code.
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Navigating Legal Challenges in Houston, Texas
Board Certified criminal law attorney Brian Foley explains the role of a Houston criminal defense attorney, why you need one, and how Houston Criminal Defense Attorneys PLLC can help.
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Texas Code of Criminal Procedure Art. 2.30 — Reports for Certain Assaultive or Terroristic Offenses
Board Certified criminal law attorney Brian Foley explains Texas Code of Criminal Procedure Art. 2.30 — the reporting requirements and victim information rights for certain assaultive and terroristic offenses.
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Best DWI Lawyer in Houston, Texas — Questions
Video: Brian Foley answers the ten best questions to ask a DWI lawyer in Houston, Texas — penalties, experience, strategies, trial vs. plea, fees, and board certification.
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Texas Code of Criminal Procedure Art. 2.28 — Misused Identity
Board Certified criminal law attorney Brian Foley explains Texas Code of Criminal Procedure Art. 2.28 — law enforcement's duties, and a victim's rights to a DPS declaration and expunction, when an arrested person misuses someone's identity.
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Texas Code of Criminal Procedure Art. 2.273 — Release of a Child by Law Enforcement
Board Certified criminal law attorney Brian Foley explains Texas Code of Criminal Procedure Art. 2.273 and the checks an officer must complete before releasing a child taken into custody under Family Code Section 262.104.
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Cross Examining a Police Officer on Field Sobriety Tests
Board Certified Houston DWI attorney Brian Foley explains how to cross-examine a police officer on the standardized field sobriety tests — HGN, Walk and Turn, and One Leg Stand.
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Texas Code of Criminal Procedure Art. 2.271 — Investigation of Reports of Abuse, Neglect, or Exploitation
Board Certified criminal law attorney Brian Foley explains Texas Code of Criminal Procedure Art. 2.271 — law enforcement's duty to investigate reports of abuse, neglect, or exploitation of residents in care facilities.
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Houston DWI Attorney — Beating a Blood Test DWI
Video: A Board Certified Houston DWI attorney explains how to challenge a DWI blood test in court, the disconnect theory, and the penalties in Texas.
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Texas Code of Criminal Procedure Art. 2.25
Brian Foley explains Art. 2.25 of the Texas Code of Criminal Procedure — the requirement that judges report certain convicted individuals to federal immigration authorities — and the duty to advise noncitizen clients under Padilla v. Kentucky.
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Illegal Traffic Stops for DWI in Houston, Texas
A Board Certified Houston criminal defense attorney explains illegal traffic stops in DWI cases through Whren v. U.S., Klare v. State, and State v. Hardin.
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Theft Charges in Houston, Texas — a Former Prosecutor Explains
Video: Former prosecutor and Board Certified criminal defense attorney Brian Foley explains theft charges in Houston, Texas.
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Is a Criminal Lawyer and Criminal Defense Lawyer the Same?
A Board Certified Houston criminal defense attorney answers whether a criminal lawyer and a criminal defense lawyer are the same, and explains why Board Certification matters.
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Texas Code of Criminal Procedure Art. 1.052 — Signed Pleadings
Board Certified criminal law attorney Brian Foley explains Texas Code of Criminal Procedure Art. 1.052 on signed pleadings and how a good-faith argument can change the law.
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