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, […]
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 […]
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 […]
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 […]
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 […]
In Texas, there are separate criminal offenses for DWI and driving with an open container of alcohol in your vehicle. But when you combine the two–DWI with an open container–a defendant may face significantly higher penalties if convicted. And things may get even worse if there are other factors involved in the drunk driving arrest, […]