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 […]
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 […]
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 […]
Even if you are not driving while intoxicated, it is still against the law in Texas to have an open container of alcohol in the passenger area of your vehicle. This means you can be stopped and cited by an officer if there is a half-empty beer can or wine bottle on the floor of […]
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 […]
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 […]