You are probably familiar with the legal limit of 0.08 percent in Texas. This refers to a person’s blood-alcohol content (BAC). If a police officer detains you and administers a blood or breath test, a BAC of 0.08 percent or greater is sufficient to prove you were legally intoxicated under Texas DWI laws. Having one […]
Fatal traffic accidents occur every day in the United States. Many of these accidents are the result of negligence or driver error. Some are the result of a driver who is impaired due to the use of alcohol or drugs. In Texas, these cases can be prosecuted as intoxication manslaughter. Prosecutors Fail to Prove Single […]
If you are arrested for drunk driving, the presence of an open container of alcohol in your vehicle can add fuel to the legal fire. In Texas, a first-time DWI is charged as a Class C misdemeanor, but with an open-container enhancement that gets bumped to a Class B misdemeanor. In practical terms, this effectively […]
On February 2, 2020, Harris County sheriff’s deputies responded to the scene of a fatal accident on Bammel North Houston Road and Champions Forest Drive. According to the Houston Chronicle, a man in the turning lane of Bammel North Houston Road “attempted to make a left turn onto Champion Forest Drive” on a flashing yellow […]
Even if you are not driving while intoxicated, it is still against the law in Texas to have an open container of alcohol in the passenger area of your vehicle. This means you can be stopped and cited by an officer if there is a half-empty beer can or wine bottle on the floor of […]
There is a common misconception that a police officer is always legally required to advise you of your constitutional rights before asking you questions. That is not exactly true. What the courts have actually said is that when a person has been arrested, or is otherwise “in custody,” they must be advised of their Fifth […]
Most states have some form of open container law. In Texas, this refers to a specific statute that prohibits an individual from operating any kind of motor vehicle while there is an open “bottle, can or other receptacles that contain any amount of alcoholic beverage” in it. In other words, it is perfectly fine to […]
When police suspect drunk driving played a role in an auto accident, they may seek to force the defendant to submit a blood sample under Texas’ implied consent law. But there are certain rules law enforcement must still follow in such cases. For example, Section 724.017 of the Texas Transportation Code states that only certain […]
Here is a story that many sports fans can relate to: Your team has just lost another game in the midst of a terrible season, so you decide to drown your sorrows by having a few drinks. In and of itself, there is nothing wrong with this. But if you decide to get behind the […]
One of the basic rights you have in any Texas criminal prosecution is the right to “confront” the witnesses against you. For example, if prosecutors charge you with a crime stemming from an alleged DWI accident, you have the right to confront and cross-examine any witnesses who analyzed the evidence introduced against you at trial. […]