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. […]
On February 21, Texas state Rep. John Kuempel, a Republican from Guadalupe County, introduced House Bill 2152. This bill would make it legal for restaurants with a liquor license to deliver alcoholic beverages to “off-premises” consumers. In other words, if you order food from a restaurant via a third-party app on your phone, the restaurant […]
When drunk driving leads to a deadly accident, the driver faces some of the most serious penalties available under Texas law. In some cases, the state may charge the driver with felony murder. While DWI accidents are rarely intentional, when a person dies during the commission of another felony (i.e., the DWI itself), it can […]
Everyone knows that drunk driving is illegal in Texas. What you may not know is that there are additional rules that apply when an open container of alcohol is found in a car. Even when there is no proof of drunk driving, the open container alone can land you in legal trouble. With that in […]
DWI accidents present a unique challenge for law enforcement. Under normal circumstances, a police officer needs to obtain either a suspect’s permission or a warrant before conducting a blood test to determine potential intoxication levels. Such a test is considered a “search” under the Fourth Amendment to the U.S. Constitution. But the courts do make […]