Driving While Intoxicated, or DWI, is a serious criminal offense in the state of Texas in which a person operates a motor vehicle while under the influence of alcohol.
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. […]
Drunk driving accidents can lead to serious criminal and civil consequences. And there are times when the intersection of civil and criminal can lead to conflict. We recently discussed a decision from the Texas First District Court of Appeals in Houston on the subject of whether a person accused of criminal DWI can be forced […]
Non-celebrity DWI cases typically do not make national headlines. But there is always the exception that proves the rule. Consider this recent CNN report: A local sheriff’s department in Ohio is currently looking for two men suspected of drinking while driving a horse-and-buggy. According to CNN, the two men are apparently members of the local […]
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 […]
An open container of alcohol in a car is a red flag for a police officer. And with good reason. It is a misdemeanor under Texas law to have an open container in the passenger area of a car, regardless of whether or not the driver is legally intoxicated. Of course, where there is an […]
Texas law defines manslaughter as “recklessly caus[ing] the death of an individual.” This includes a death arising from a DWI accident. In other words, if you are drunk behind the wheel and unintentionally kill someone in an accident, you potentially face second-degree felony manslaughter charges. Appeals Court: Defendant’s Driving, Drinking Constituted “Reckless” Behavior In fact, […]