Texas is one of the most popular states when it comes to purchases of motorhomes and recreational vehicles. Indeed, many Texans spend a good part of the year living full-time out of their vehicles. And while most activities of daily RV or motorhome living do not raise any legal issues, there is one thing you […]
When police suspect that drunk driving played a role in a car accident, officers may seek a search warrant in order to take a sample of the driver’s blood. But does such a warrant automatically cover the right to analyze the blood sample as well? A recent decision from a Houston appeals court, Davis v. […]
When it comes to drunk driving, the fact someone is a police officer will not necessarily help them avoid an arrest. The Laredo Morning Times recently reported on the arrest of a local officer charged with DWI and open container violations. According to an affidavit reviewed by the Times, the officer was arrested on July […]
A first-time drunk driving offense is typically prosecuted as a misdemeanor. But the charge can quickly turn into a felony if there was a child in the car at the time of the driver’s arrest. Under Section 49.045 of the Texas Penal Code, it is a state jail felony for anyone to operate a motor […]
We have discussed Texas open container laws many times before. To briefly recap, if you are caught by law enforcement with any open container of liquor in the passenger area of your vehicle, you can be cited for a Class C misdemeanor, which carries a $500 fine but no jail time. Of course, if you […]
When police respond to the scene of a car accident, they are not just looking to render assistance to anyone who has been injured. They are also looking for any evidence of drunk driving. And if an officer finds such evidence, the person identified as the driver may face serious criminal charges. This recent case […]
The COVID-19 pandemic presents unprecedented challenges for the hospitality industry in Texas. Many restaurants are surviving on takeout and delivery business alone as their dining rooms remain closed or reopen under restrictions. To help restaurants cope, Gov. Greg Abbott issued a temporary waiver on March 18 that allows licensed establishments to “deliver alcoholic beverages with […]
A felony DWI can become a murder charge if someone dies at the hands of a legally intoxicated driver. Texas follows what is known as a “felony murder” rule. For example, if you have two prior DWI convictions in Texas, the third DWI is prosecuted as a felony. But if that third DWI also involved […]
Having an open container of alcohol in your car is basically an invitation for police to stop and investigate you for a variety of other crimes, including drunk driving and possession of controlled substances. The mere presence of the open container is often enough to give an officer “probable cause” to believe you have committed […]
When there is any evidence to suggest that a traffic accident was the result of intoxication–which covers both drug and alcohol use–the driver may face intoxication manslaughter or intoxication assault charges if anyone else was killed or injured. These are serious crimes that can land a person in jail for decades depending on the circumstances […]