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 […]
Even if you are not driving while intoxicated, it is still against the law to have an open container of alcohol in the car with you, even if you are stopped or parked at the time. An “open container” is defined by the Texas Penal Code as any “bottle, can, or other receptacle” where the […]
A DWI accident that causes the death of another person is considered second-degree felony manslaughter in Texas. Police and prosecutors will not go easy on a defendant just because the victim was a family member, or even if the defendant himself was seriously injured. That said, in their zeal to prove a defendant’s guilt, police […]
Driving with an open container is almost as bad as blowing a BAC of .08 or greater, and if you blow a .08 or greater and have an open container in the vehicle, your DWI just went from bad to worse. If you were charged with an enhanced DWI in Texas, you may find it […]
Driving while intoxicated is a serious offense in Texas, but driving while intoxicated and causing an accident is a crime. If you or a loved one caused an accident while driving under the influence, you face a criminal conviction, jail time, and fines. In short, your future is at stake. A skilled DWI defense attorney […]
The presence of an open container can not only serve as grounds to charge with you with an enhanced DWI offense. It frequently serves as justification for giving a police officer probable cause to detain you of suspicion of DWI in the first place. Remember, Houston-area law enforcement is carefully trained to spot any potential […]
A DWI accident can lead to felony charges of intoxication assault or intoxication manslaughter if someone else is injured or killed, respectively, as a result of drunk driving. The penalties for either offense carry significantly higher penalties that first-time DWIs. In the case of intoxicated assault, a third-degree felony, the defendant may be sentenced to […]
Everyone knows that drunk driving–DWI–is illegal in Texas. But many people are unaware of the additional penalties a person faces for simply having an “open container” of alcohol in their car. Below are some basic questions about the open container laws in Texas and how they could affect you. What Is Considered an “Open Container”? […]
DWI accidents differ from normal drunk driving cases in that there is an actual victim. This can greatly influence how police and prosecutors act. Yet no matter how serious or devastating a victim’s injuries may be, that does not excuse conduct that violates a defendant’s constitutional rights. Court Rejects Police Excuses for Not Getting Warrant […]