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.
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 […]
A first-time drunk driving offense is typically prosecuted as a misdemeanor. But the charge can quickly turn into a felony if there was a child in the car at the time of the driver’s arrest. Under Section 49.045 of the Texas Penal Code, it is a state jail felony for anyone to operate a motor […]
When police respond to the scene of a car accident, they are not just looking to render assistance to anyone who has been injured. They are also looking for any evidence of drunk driving. And if an officer finds such evidence, the person identified as the driver may face serious criminal charges. This recent case […]
A felony DWI can become a murder charge if someone dies at the hands of a legally intoxicated driver. Texas follows what is known as a “felony murder” rule. For example, if you have two prior DWI convictions in Texas, the third DWI is prosecuted as a felony. But if that third DWI also involved […]
Having an open container of alcohol in your car is basically an invitation for police to stop and investigate you for a variety of other crimes, including drunk driving and possession of controlled substances. The mere presence of the open container is often enough to give an officer “probable cause” to believe you have committed […]
When there is any evidence to suggest that a traffic accident was the result of intoxication–which covers both drug and alcohol use–the driver may face intoxication manslaughter or intoxication assault charges if anyone else was killed or injured. These are serious crimes that can land a person in jail for decades depending on the circumstances […]
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 […]