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.
The short answer to this question is no. Drivers in Texas cannot be arrested merely for committing an open container violation. If, however, a person were accused of an open container violation, as well as a DWI, he or she could face arrest. In either case, an open container violation shouldn’t be taken lightly, so […]
In Texas, there are severe criminal and civil consequences for motorists who are convicted of driving while intoxicated (DWI). Drivers who have a child passenger under the age of 15 years old in the vehicle at the time of the arrest, however, face even more serious penalties, especially if they are also involved in a […]
Not all of those who are involved in DWI accidents are fortunate enough to avoid causing or suffering some sort of physical injury. In fact, it is not uncommon in these types of cases, for the person accused of driving while under the influence to also be charged with intoxication assault, or even manslaughter. Those […]
Having an open container of alcohol in one’s vehicle won’t significantly affect the severity of the penalties that a person faces if convicted of driving while intoxicated. Being in possession of an open container can, however, hurt someone’s DWI case in other ways, so if you were recently arrested for driving under the influence in […]
Causing an accident while intoxicated comes with serious penalties in Texas. This is true even in minor accidents when no one was hurt, as drivers face charges not only for driving under the influence, but also for recklessly damaging or destroying someone else’s property. When combined, these charges can have significant repercussions, so if you […]
There is still some confusion regarding the scope of Texas open container laws. Some people believe that it is illegal to have an open container of alcohol in any public place, such as a local park or while walking down the street. In reality, this will depend on where you live. As far as Texas […]
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 of the accident, which is […]
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. […]
When it comes to drunk driving, the fact someone is a police officer will not necessarily help them avoid an arrest. The Laredo Morning Times recently reported on the arrest of a local officer charged with DWI and open container violations. According to an affidavit reviewed by the Times, the officer was arrested on July […]