When drunk driving leads to a deadly accident, the driver faces some of the most serious penalties available under Texas law. In some cases, the state may charge the driver with felony murder. While DWI accidents are rarely intentional, when a person dies during the commission of another felony (i.e., the DWI itself), it can […]
Everyone knows that drunk driving is illegal in Texas. What you may not know is that there are additional rules that apply when an open container of alcohol is found in a car. Even when there is no proof of drunk driving, the open container alone can land you in legal trouble. With that in […]
DWI accidents present a unique challenge for law enforcement. Under normal circumstances, a police officer needs to obtain either a suspect’s permission or a warrant before conducting a blood test to determine potential intoxication levels. Such a test is considered a “search” under the Fourth Amendment to the U.S. Constitution. But the courts do make […]
A DWI-related auto accident can leave you facing not just serious jail time, but also a crippling financial debt. In addition to criminal fines for intoxication assault or intoxication manslaughter, a judge can order you to pay restitution to any victims of the accident. And this can leave you on the hook for a six-figure […]
During the holiday season, many Houston-area residents will attend social gatherings where alcohol is served. Aside from the obvious–never drive while intoxicated–it is also important to remember Texas has strict open container laws. So while it is perfectly legal to transport unopened beer, wine, and liquor bottles in your car or truck, make sure there […]
You may not realize this, but you can be tried and convicted of a DWI with an open container violation even if you are not actually driving a car when the police apprehend you. This is a common misunderstanding about DWI law in general. The truth is that the law does not merely criminalize “driving” […]
If you are involved in a suspected DWI accident, the police will make every effort to take a blood sample from you for testing purposes. Even if you refuse to consent to such a test, a police officer can obtain a warrant from a magistrate if there is probable cause to suspect you were intoxicated […]
In Texas, there are separate criminal offenses for DWI and driving with an open container of alcohol in your vehicle. But when you combine the two–DWI with an open container–a defendant may face significantly higher penalties if convicted. And things may get even worse if there are other factors involved in the drunk driving arrest, […]
When there’s an auto accident that seriously injures another person, Houston-area law enforcement will move quickly to determine whether or not the responsible driver was intoxicated. DWI accidents take on an even higher degree of urgency if an innocent person is killed. In such cases, a driver may face an intoxication manslaughter charge, which is […]
Driving with an open container of alcohol in your car is never a good idea. For one thing, it’s against the law. And if you are charged with drunk driving, the open container’s presence may lead to enhanced DWI penalties. But you also need to consider that once a police officer spots an open container […]