Causing an accident while intoxicated comes with serious penalties in Texas. This is true even in minor accidents when no one was hurt, as drivers face charges not only for driving under the influence, but also for recklessly damaging or destroying someone else’s property. When combined, these charges can have significant repercussions, so if you […]
Motorists in Texas are prohibited from possessing an open container of alcohol, not only while driving but also while parked or stopped, as long as the vehicle is located on a public road. Although many people don’t realize it, this prohibition applies to anyone who is sitting in a passenger area, even if they never […]
There is still some confusion regarding the scope of Texas open container laws. Some people believe that it is illegal to have an open container of alcohol in any public place, such as a local park or while walking down the street. In reality, this will depend on where you live. As far as Texas […]
A DWI accident will always draw the attention of law enforcement. If an innocent person is killed in the accident, the drunk driver can be charged with intoxication manslaughter, a second-degree felony in Texas. As with any DWI case, the prosecution must prove the defendant was intoxicated at the time of the accident, which is […]
Texas is one of the most popular states when it comes to purchases of motorhomes and recreational vehicles. Indeed, many Texans spend a good part of the year living full-time out of their vehicles. And while most activities of daily RV or motorhome living do not raise any legal issues, there is one thing you […]
When police suspect that drunk driving played a role in a car accident, officers may seek a search warrant in order to take a sample of the driver’s blood. But does such a warrant automatically cover the right to analyze the blood sample as well? A recent decision from a Houston appeals court, Davis v. […]
We have discussed Texas open container laws many times before. To briefly recap, if you are caught by law enforcement with any open container of liquor in the passenger area of your vehicle, you can be cited for a Class C misdemeanor, which carries a $500 fine but no jail time. Of course, if you […]
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 […]
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 […]