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, […]
Open container violations are often a police officer’s gateway into conducting a warrantless search of a motor vehicle. And once inside the car, any other contraband discovered by the officer–including illegal drugs–may be used as evidence against the vehicle’s driver or passengers. This is why it is important to always remember you have the right […]
When drunk driving leads to a deadly accident, the driver faces some of the most serious penalties available under Texas law. In some cases, the state may charge the driver with felony murder. While DWI accidents are rarely intentional, when a person dies during the commission of another felony (i.e., the DWI itself), it can […]
A DWI-related auto accident can leave you facing not just serious jail time, but also a crippling financial debt. In addition to criminal fines for intoxication assault or intoxication manslaughter, a judge can order you to pay restitution to any victims of the accident. And this can leave you on the hook for a six-figure […]
Driving with an open container of alcohol in your car is never a good idea. For one thing, it’s against the law. And if you are charged with drunk driving, the open container’s presence may lead to enhanced DWI penalties. But you also need to consider that once a police officer spots an open container […]
A DWI accident is more complicated than a simple drunk driving case simply because there are victims to consider. Even in cases where the victims are not killed or seriously injured, the drunk driver may still be criminally liable to pay restitution to the victims. Under Texas law, a court may order such restitution as […]
A DWI accident is obviously more complicated than the run-of-the-mill drunk driving arrest. There tend to be more police involved with the investigation of an accident, especially where someone has been seriously injured or killed. And if you are the person suspected of causing the accident, you need to be prepared to deal with the […]
A Texas woman who struck a group of bicyclists has recently been charged with intoxication assault. Upon arrest, the 50-year-old woman she showed signs of intoxication. The report shows that she struck a group of five bicyclists, leading to the death of one. One other bicyclist suffered from bruises and fractures, but is expected to […]
A DWI accident that causes the death of another person is considered second-degree felony manslaughter in Texas. Police and prosecutors will not go easy on a defendant just because the victim was a family member, or even if the defendant himself was seriously injured. That said, in their zeal to prove a defendant’s guilt, police […]
It is common practice in Texas DWI cases for a police officer to request a suspected drunk driver take a Breathalyzer test. A Breathalyzer is a device used to measure a person’s blood-alcohol content (BAC). Texas, like most states, considers a person guilty of a DWI if his or her BAC exceeds .08 percent. Is […]