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 […]
A DWI accident is more complicated than a simple drunk driving case simply because there are victims to consider. Even in cases where the victims are not killed or seriously injured, the drunk driver may still be criminally liable to pay restitution to the victims. Under Texas law, a court may order such restitution as […]
A DWI open container charge requires proof that the defendant had an opened bottle, can, or similar receptacle of alcohol in his or her “immediate possession” at the time of the offense. This does not necessarily mean that a police officer must see the open container next to the defendant at the moment of arrest. […]
A DWI accident is obviously more complicated than the run-of-the-mill drunk driving arrest. There tend to be more police involved with the investigation of an accident, especially where someone has been seriously injured or killed. And if you are the person suspected of causing the accident, you need to be prepared to deal with the […]
An open container violation can lead to more legal problems than you think. If a police officer finds an open liquor container in your car, you can be cited for a Class C misdemeanor. But if the officer uncovers evidence you committed another offense–such as DWI or possession of illegal drugs–you may face significantly more […]
A DWI accident can lead to multiple criminal charges, especially if the crash results in serious injury or death to another person. For example, a drunk driver who “causes the death of another by accident or mistake” may be charged with intoxication manslaughter, a second-degree felony under the Texas Penal Code. Separately, the driver may […]
The state of Texas has fairly strict laws when it comes to driving while drinking or while under the influence of drugs. Over the past several years, the state has cracked down on drivers who violate those laws, resulting in large fines and even jail time for violators. There are a few things, called enhancements, […]
A Texas woman who struck a group of bicyclists has recently been charged with intoxication assault. Upon arrest, the 50-year-old woman she showed signs of intoxication. The report shows that she struck a group of five bicyclists, leading to the death of one. One other bicyclist suffered from bruises and fractures, but is expected to […]
Not all DWIs are created the same in Texas. In many cases there may be special circumstances that justify an “enhanced” DWI charge–i.e., one that may result in more jail time or higher fines. One of the more common enhancements in Texas is the DWI with open container charge. Plastic Cup, Empty Bottle Helps Justify […]
Houston-area police will not cut you any slack following an accident where they suspect you were driving drunk. DWI accidents are a serious matter, and police will move quickly to try and preserve what they consider relative evidence. However, police should never take shortcuts when it comes to protecting your constitutional rights, especially in a […]