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, […]
A drunk driving arrest can easily lead to felony criminal charges in Texas, particularly if you have prior DWI convictions or there is evidence of an open container violation. For example, law enforcement in the north Texas community of Mount Vernon recently charged a 40-year-old woman with felony DWI following an incident on I-30. According […]
When a drunk driving accident causes injuries to a third party, the driver faces not only likely criminal charges, but also a potential civil lawsuit from the victim. This can put the defendant in a difficult legal position. After all, any testimony offered in defending the civil case could conceivably be used against the defendant […]
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 […]
You probably know that Texas has laws prohibiting the possession of an open container of alcohol in a motor vehicle. You may also be aware that the penalties for DWI may be greater in cases where there is also an open-container violation. But what you may not know is that federal law also plays a […]
In a criminal prosecution arising from a DWI accident, a court will often make an “affirmative finding” that the defendant “used or exhibited a deadly weapon” in the commission of the offense. The “deadly weapon” in this context is the car itself. And while not all felony DWI cases require such a finding, when one […]
Having an open container of alcohol in your car is essentially an invitation to a police officer to detain you on suspicion of drunk driving–or worse. From a legal standpoint, the open container provides the officer with “reasonable suspicion of criminal activity.” This means that while you may not be under arrest, you are also […]
When it comes to a DWI accident, especially one that involves the death of another person, Texas law enforcement will make every effort to hold accountable the person whom they think is responsible. This sometimes leads to officers taking unconstitutional shortcuts to gather evidence. Blood Test Ruled Inadmissible After Police Fail to Obtain Search Warrant […]
Texas law enforcement officers are often asked to respond to unusual situations. One of the more notable incidents this year involved a call to the Wichita Falls police from a local Walmart. According to the Wal-Mart’s employees, there was a woman who had spent several hours driving around the store’s parking lot in an electric […]
A DWI accident becomes intoxication manslaughter when a driver “is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.” The difference between intoxication manslaughter and a “normal” DWI cannot be overstated. A first-time DWI is a normally a Class C misdemeanor, while intoxication manslaughter is a second-degree felony. […]