One of the worst repercussions of a DWI is having your license suspended. People need to get to work and school or attend critical medical appointments. Public transportation just isn’t feasible for many people in Texas, and losing your job will only make life harder. Fortunately, an ignition interlock device might be what you need […]
If you are arrested for driving while intoxicated (DWI) under Texas law, what steps do you need to take (or avoid) after the arrest in order to stand the best chance of beating the charges you are facing or avoiding many of the serious repercussions associated with a DWI conviction? And what should you expect […]
DWI Accident & Intoxication Manslaughter A DWI accident will always draw the attention of law enforcement. If an innocent person is killed in the accident, the drunk driver can be charged with intoxication manslaughter, a second-degree felony in Texas. As with any DWI case, the prosecution must prove the defendant was intoxicated at the time […]
When you are injured in a car accident and receiving emergency medical treatment, that would not seem like the ideal time to be answering questions. Yet when police suspect drunk driving played a role in your accident, it is common practice for officers to immediately question a potential defendant. As with all such police interviews, […]
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. […]
A DWI accident can quickly turn into a murder case based on the circumstances. Texas allows for what is known as “felony murder” charges in some fatal drunk driving accident cases. Felony murder refers to a type of murder charge that is distinct from premeditated murder. With felony murder, prosecutors need not prove the defendant […]
When it comes to a DWI accident, especially one that involves the death of another person, Texas law enforcement will make every effort to hold accountable the person whom they think is responsible. This sometimes leads to officers taking unconstitutional shortcuts to gather evidence. Blood Test Ruled Inadmissible After Police Fail to Obtain Search Warrant […]
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 […]
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 […]
DWI is not just about alcohol. In Texas you can be prosecuted for driving under the influence of drugs if there is evidence that you did not have “the normal use of mental or physical faculties” due to the “introduction” of any drug or controlled substance into your body. The prosecution does not have to […]
