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 […]
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 […]
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 […]
On February 2, 2020, Harris County sheriff’s deputies responded to the scene of a fatal accident on Bammel North Houston Road and Champions Forest Drive. According to the Houston Chronicle, a man in the turning lane of Bammel North Houston Road “attempted to make a left turn onto Champion Forest Drive” on a flashing yellow […]
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 […]
When police suspect drunk driving played a role in an auto accident, they may seek to force the defendant to submit a blood sample under Texas’ implied consent law. But there are certain rules law enforcement must still follow in such cases. For example, Section 724.017 of the Texas Transportation Code states that only certain […]
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 […]