Kyle Whitaker
Law Blog

Family Law & Criminal Blog

What Happens When You Have Been Arrested for a DWI, and There is a Child in The Car?


When it comes to DWI with a child in the car, it really does not matter that you were driving safely or that you did not get into an accident. If you get arrested or pulled over for DWI (driving while intoxicated) in Texas, and you have [...]

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Is There a Penalty for Refusing to Answer Police Questions?

In: Criminal Law

Whether you feel that you can’t simply walk away when the police stop you, or you’ve been imprisoned, detained, or arrested, you are not legally required to answer any questions they ask you. But you can be penalized for refusing [...]

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How Does Moving Out Affect Divorce?

In: Divorce

Divorce is usually an incredibly trying and overwhelming time for the divorcing couple and any kids involved. Depending on your situation, you may be looking forward to moving out of the marital home as soon as you can but are also worried [...]

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Are Criminal Records Wiped at 18?

In: Criminal Law

No. Your criminal records will not be wiped, cleared, sealed, or expunged just because you turned 18. Unsealed criminal records can be seen and requested by law enforcement officers, juvenile justice officers, [...]

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What If I Can't Find My Spouse During TX Divorce Proceedings?

In: Divorce

It can be challenging to get a divorce when you do not know where your spouse is and how you can serve them the divorce papers. In the past, both spouses were legally required to agree to the divorce before the court would grant them one [...]

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Is Self-Defense a Violent Crime?

In: Criminal Law

Everyone has the right to protect themselves from physical harm. They can act in self-defense and not be liable for a violent crime. However, what exactly is self-defense? [...]

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Can a Divorce Affect My Retirement Funds?

In: Divorce

Divorce can be very challenging not just emotionally but financially as well. You will have to make a lot of decisions regarding the division of your assets and property, which includes your retirement funds [...]

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Increased Divorce Cases in January

In: Divorce

Right after the winter holidays and entering the New Year, many married couples decide to file for divorce [...]

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When Does a Crime Become a Hate Crime in Texas?

In: Criminal Law

Reports by the Federal Bureau of Investigation (FBI) indicate that more hate crimes were reported in a recent year than had occurred in any of the past ten years [...]

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Does Criminal Activity Increase During the Holidays?

In: Criminal Law

The National Crime Victimization Survey of the Census Bureau says that two types of crimes commonly increase in December: robbery and personal theft [...]

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What Elements Must Be Proven for a DWI Conviction?


Most non-lawyers have a general knowledge of what a particular criminal violation might be [...]

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Child Custody Disputes During the Holidays

In: Family Law

Disputes about child custody and parenting time are very common during the holidays. The holidays are a quintessentially “family” time of year, and everyone wants to have the kids then [...]

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Is Hemp Flower Legal in Texas?

In: Criminal Law

In August 2021, a Texas appeals court ruled that products made from hemp flowers in other states could be sold in Texas [...]

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Does a DUI in Texas Affect a Commercial Driver’s License?


The short answer to this question is yes, a conviction of driving while intoxicated (DWI) in Texas will impact your commercial driver’s license (CDL). Upon a conviction of impaired driving, the Texas Department of Public Safety (DPS) can suspend your CDL for one year or longer [...]

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What is the Difference between Class A, B, and C Misdemeanors?

In: Criminal Law

Texas law divides criminal offenses into two main categories - felonies and misdemeanors. Misdemeanor offenses are less severe than felony charges, but they are still matters you should take very seriously [...]

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What Are The Consequences of a DWI in Texas?


Driving while intoxicated (DWI) or under the influence of alcohol and/or drugs risks not only your life but also the safety and lives of other people [...]

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How Does Family Court Determine If a Parent is Unfit?

In: Family Law

One of the most challenging and contentious aspects of a breakup, separation, or divorce is the issue of child custody, which is also called conservatorship, possession, and access in Texas [...]

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How Much Can Police Go Through Your Phone When You Are Arrested?

In: Criminal Law

In the vast majority of situations, law enforcement officers must have a legal search warrant to search through the information on a cell phone. [...]

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Are All Police Interrogations Recorded?

In: Criminal Law

The Model Code of Pre-Arraignment Procedures § 130.4 (3), set out by the American Law Institute, states that law enforcement agencies should make a sound recording of “any questioning of the arrested person and any statement he makes in response thereto.” [...]

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What Does Search and Seizure by the Police Mean?

In: Criminal Law

Most people have heard of the Fourth Amendment protections against “unreasonable search and seizure.” [...]

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Stages of Criminal Prosecution in Texas

In: Criminal Law

Like all court systems, the Texas court system has two conflicting goals: they aim to protect the public on one hand and must also protect the constitutionally guaranteed rights of the criminally accused [...]

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New Texas Firearm Laws for 2021

In: Criminal Law

On September 1, 2021, a new law stemming from House Bill 1927 took effect in the State of Texas. This law overhauled Texas firearm rights and possible criminal penalties, and now, most Texans over the age of 21 can carry a handgun in public - openly or concealed - without a license or mandatory firearm safety training [...]

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Steps to Take if Ex Doesn't Comply with Divorce Decree

In: Divorce

A divorce decree is a lawful court order that must be fully complied with by both parties. If your ex-spouse does not fully comply with the obligations as stated in the decree [...]

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Can You Carry a Knife on You in Texas?

In: Criminal Law

Texas law regulates the carrying of weapons - not just firearms but also knives. Knives are also deadly weapons, so the law addresses when people may and may not lawfully carry certain types [...]

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How Long Does a Temporary Injunction Last?

In: Family Law

There are different reasons why a court might issue temporary injunctions, including to protect a person or child, preserve property or evidence, and more [...]

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3 Reasons Not to Talk to the Police

In: Criminal Law

Regardless of whether you’ve been detained, imprisoned, arrested, or feel like you can’t just walk away from a cop, it’s important to know that you generally don’t have to answer the questions that a police officer is asking you. However[...]

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Can Domestic Violence be a form of Self-Defense in Texas?

In: Criminal Law

All of us, regardless of gender, have the legal right to defend ourselves against any kind of violence. For example, defending yourself against someone assaulting you in the street or a burglar who entered your home will never be an issue, as far as criminal law is concerned[...]

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House of Representatives Vote on Marijuana

In: Criminal Law

For the first time, a chamber of the United States Congress held a vote on whether to decriminalize low-level marijuana possession at the federal level, and the bill passed in the House of Representatives[...]

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National Impaired Driving Month in December


There is no doubt that driving under the influence of alcohol (DUI) is a dangerous decision that results in many accidents, injuries, and fatalities each year in Texas and throughout the United States [...]

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Were You a Victim of an Illegal Search During a Traffic Stop?

In: Criminal Law

Many criminal cases begin with a traffic stop. Police officers might pull over a driver suspected of speeding or another traffic violation, and they might end up searching the vehicle [...]

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Can Receiving a Stimulus Check Affect Your Asset Division in a Divorce?

In: Divorce

There is no denying that, in 2020, we are living in unprecedented times that seem to have changed just about everything. As such, it’s no surprise that the divorce process has also been affected [...]

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Illegal to Purchase Hemp Flower

In: Criminal Law

In 2019, Governor Abbott signed a law that legalized the production, manufacture, and sale of cannabinoids, known as CBD[...]

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TX Jury Trials Pushed to October

In: Criminal Law

The COVID-19 pandemic has resulted in many restrictions throughout the State of Texas and the United States in general[...]

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Can a Stimulus Check Affect Asset Division in a Divorce?

In: Divorce

There is no denying that, in 2020, we are living in unprecedented times that seem to have changed just about everything. As such, it’s no surprise that the divorce process has also been affected[...]

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Will Your Custody be Affected if You're a Parent with COVID-19?

In: Family Law

Navigating shared custody is difficult enough during a pandemic, but the situation becomes significantly more complicated if one parent starts showing possible symptoms or tests positive for COVID-19. If this happens, how exactly will it impact your child custody arrangement[...]

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You should always discuss your specific situation with a Fort Worth divorce attorney, the following is a brief overview of some ways that divorce might impact your tax filings and refunds[...]

Read MoreHow Can Divorce Affect Taxes?

There are increases in different crimes in Texas due to the COVID-19 pandemic, including fraud, shoplifting, violating state safety orders, and more. The Department of Justice (DOJ) recently communicated to all of its U.S[...]

Read MoreDOJ States Spreading Coronavirus Intentionally is Now a Terrorist Act

There is no question that the Texas legislature takes gun rights very seriously. The following is an overview of new gun laws in Texas that you might not know about yet[...]

Read MoreNew Texas Gun Laws You May Not Have Heard About

Navigating shared custody is difficult enough during a pandemic, but the situation becomes significantly more complicated if one parent starts showing possible symptoms or tests positive for COVID-19[...]

Read MoreWill Your Custody be Affected if You're a Parent with COVID-19?

The DPS stated it does not have enough funding or capacity to handle low-level cases, so they will not be testing these products for THC levels. This means that prosecutors cannot prove whether a substance is illegal marijuana or legalized hemp[...]

Read MoreTX Crime Labs to Look the Other Way on Low-Level Marijuana Cases

With unprecedented stay-at-home orders and social distancing recommendations to prevent the spread of COVID-19 in Texas and across the United States, it is not a surprise that many parents are stressed and confused about sharing child custody[...]

Read MoreThe Impact of COVID-19 Outbreak on Child Custody Plans

Starting your own business can be rewarding both financially and personally. If you start a business with your spouse, it can provide you with more freedom and result in a partnership in more ways than one[...]

Read MoreWhat to Consider When Divorcing a Business Partner

The age of the internet has created new opportunities for people to harass or seek revenge on former intimate partners or other parties[...]

Read MoreRevenge Porn in Texas

Texas law sets out many different criminal offenses, several of which involve taking property or money that is not yours[...]

Read MoreHow Texas Defines Theft, Burglary, and Robbery

Getting pulled over is always a stressful experience, and your stress levels can shoot through the roof if the officer starts suspecting that you might be intoxicated[...]

Read MoreTake or Not to Take a Breathalyzer Test?

There are many reasons why you might want to live apart from your spouse without legally ending your marriage with a divorce[...]

Read More In Texas, Legal Separation Doesn’t Exist

Texas is cracking down on those who drive while intoxicated or under the influence. The State makes it clear that it does not tolerate drivers who operate their vehicles while intoxicated and the penalties put in place reflect this[...]

Read More Penalties for DWI in Texas

In Texas, there are two kinds of divorce: contested and uncontested. In an uncontested divorce, you and your spouse agree to the divorce and all terms of the divorce. In an uncontested divorce, you and your spouse can not come to an agreement on one or more of the terms of the divorce[...]

Read More How Can Having an Affair Affect Your Children?

Divorce can bring out the very worst in people. Combine this with the fact that some people will go to great lengths to hold on to as much money as possible and you have a recipe for some truly unfortunate behavior. Yes, sometimes people will work very hard to hide assets because of an impending divorce[...]

Read More Is My Spouse Hiding Assets?

Knowingly putting someone else at risk of contracting a sexually-transmitted disease (STD) without their knowledge is morally wrong[...]

Read More Infecting Someone with an STD Can be a Crime

There are many reasons why you may wish to change your child custody arrangement. You might have gotten a new job with different time demands. The needs of your child may have changed for one reason or another[...]

Read More Child Custody Modifications

There are many different ways that people use cannabis, including smoking marijuana “flower,” eating edible THC or CBD, using topical lotions, THC wax and oil, and more[...]

Read More Differences in Criminal Charges Between Marijuana and THC Oil/Wax

The process of filing for divorce in the State of Texas will vary slightly depending on the particulars of your situation. Overall, however, the process will definitely involve a substantial amount of paperwork and procedural hurdles that need to be overcome to successfully complete the process[...]

Read More Filing for Divorce in Texas

As the internet and social media have become daily parts of our lives, the criminal justice system has adapted to allow evidence from social media sites to be admissible in criminal cases[...]

Read More Social Media Posts Can be Used Against You in a Criminal Case

Business owners have a unique set of circumstances when entering into a divorce. First and foremost, as a business owner, you will want to protect your business and your business interests in order to see it grow and survive well after your divorce[...]

Read More Business Owners and Divorce

There are so many things to deal with during the divorce process. As you essentially work to restructure your life and reach a divorce agreement which divides your assets, please consider the long term effects of such an agreement [...]

Read More Tax Implications of Divorce

A theft is considered to be taking property without the consent of the owner with the intent to deprive the owner of the property. What particular charge applies to a theft varies depending on the circumstances and specifics of the situation [...]

Read More Theft and Robbery

Under the Texas Penal Code, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are separate and distinct charges. Both involve a person driving while impaired by drugs or alcohol [...]

Read More What is the Difference Between a DUI and DWI in Texas?

In this digital day and age, it seems like the internet has all of the answers. You can read volumes on divorce law. Divorce forms and documents are all online. You are probably wondering if you need to hire a divorce attorney at all[...]

Read MoreWhy Hire a Divorce Attorney?

There are mandatory wait times in Texas to have a divorce finalized. This means that even an amicable divorce where you and your spouse agree on everything will still take a certain amount of time[...]

Read More about Divorce Frequently Asked Questions

While many people will use the terms DUI and DWI interchangeably, it is important to note that there are differences between them. In Texas, a DWI is an offense separate from a DUI. A DWI carries serious potential penalties[...]

Read More about DWI Frequently Asked Questions

Texas DWI Laws


In Texas, you may face a DWI charge if you are found to be driving while intoxicated. Intoxicated means that you are not in normal control of your mental or physical faculties as a result of alcohol or drugs[...]

Read More about Texas DWI Laws

Many people make the mistake of thinking a DWI case is black and white; either you are under the influence or not. When you hire a skilled Fort Worth DWI attorney, you will quickly learn that you have options and you just might have a defense for your case[...]

Read More about Will I Lose My License if I get a DWI?

Domestic violence is a common occurrence in Texas and the United States. In fact, according to the Centers for Disease Control and Prevention, domestic violence affects millions of people in the United States ever year. Due to the prevalence of domestic violence in the United States, Texas courts are required to consider evidence [...]

Read More about How Does Domestic Violence Affect Custody Determinations in Texas?

Being married to an addict is never easy. It might have affected your marriage in a number of critical ways. In Texas, getting a divorce from an addict can have several legal implications [...]

Read More about Legal Implications of Divorcing an Addict

When two people separate or divorce, it’s rarely amicable. With such strong emotions for each other gone awry, there can be a lot of anger, bitterness, and resentment. When those same two people have children, they can lose sight of what’s important [...]

Read More about If Parental Alienation a Crime in Texas

Law enforcement officers who stop a motorist for suspicion of drunk driving may request a breathalyzer test of the individual. If the officer has probable cause, he or she may arrest[...]

Read More about Do I Automatically Lose My License If I Don’t Take a Breathalyzer Test?

Is property split 50-50 in a Texas divorce? Texas, like most states, treats property and assets obtained during a marriage as shared property, and it gives both spouses an equal right to it. But some[...]

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Texas S.B. 1253: Interrogations and Interviews Law According to a report by the National Registry of Exonerations, approximately 60 percent of wrongful convictions over the last 25 years were the result of misconduct by law[...]

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Avoid These Common Divorce Mistakes Divorce is not uncommon. Neither are some of the mistakes made in the divorce process. Save yourself some unnecessary hardship and avoid these common divorce mistakes. Doing so can lead[...]

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January is Known as “Divorce Month” January is a popular month for couples to file for divorce. Why? Perhaps it stems from the period of self-reflection that accompanies the start of a New Year. Perhaps[...]

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Divorce Checklist Life is busy. And complicated. Sometimes it doesn’t take much to throw us off course. When it comes to divorce, staying organized and on track is key — the divorce process itself can[...]

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No Refusal & DWI As you gear up for the rapidly approaching holiday season, keep in mind that Texas’ “no refusal” program is in effect for Fort Worth and Tarrant County during the week of[...]

Read More about What Does No Refusal Mean in Texas?

Holidays and Parenting Time While the holiday season can be stressful for many, for parents who are divorced and sharing joint custody of their children, navigating time sharing around the holidays can be particularly challenging.[...]

Read More about Holidays and Co-Parenting

Texas Second Chance Bill And Nondisclosures Everyone makes mistakes. Usually, we try and learn from those transgressions and move on. When the mistakes involve breaking the law and result in a criminal record, it is[...]

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Litigation is not necessary to complete your divorce On behalf of Law Office of Kyle Whitaker posted in Divorce on Monday, March 13, 2017. Anyone, whether in Texas or elsewhere, who has been through the[...]

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On behalf of Law Office of Kyle Whitaker posted in criminal defense on Wednesday, January 25, 2017. Texas has some of the harshest penalties for drunk driving in the country, and even if it is[...]

Read More about Why you should fight back against a first-time DWI

Divorce and holidays: Keeping bah humbugs away This is the time of year when you probably start thinking about all the favorite traditions you share with your children during the holidays. Perhaps you’ve even ventured[...]

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How Will Body Cameras Impact Criminal Cases? The rise in national media attention around the ethics of law enforcement has prompted widespread changes in how police departments operate. Among the biggest changes is the rise[...]

Read More about How Will Body Cameras Impact Criminal Cases?

Adderall Convictions Being Overturned A snafu in the Texas legislation is causing Adderall felony cases to be dismissed across the state. Legislation changed what once was a felony possession charge to a misdemeanor while the[...]

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How Are Taxes Affected By Divorce? On behalf of Law Office of Kyle Whitaker posted in family law on Monday, August 29, 2016. Going through a divorce can be one of the most stressful events in your life. Child[...]

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Can Spouses Continue Running A Business Together After A Divorce? Of the many layers that can add complexity to a divorce, one of the most challenging is when spouses own a business together. Dividing a[...]

Read More about Can Spouses Continue Running A Business Together After A Divorce?
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