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 […]
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 […]