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, […]
Driving with an open container of alcohol in your car is never a good idea. For one thing, it’s against the law. And if you are charged with drunk driving, the open container’s presence may lead to enhanced DWI penalties. But you also need to consider that once a police officer spots an open container […]
A DWI accident can lead to multiple criminal charges, especially if the crash results in serious injury or death to another person. For example, a drunk driver who “causes the death of another by accident or mistake” may be charged with intoxication manslaughter, a second-degree felony under the Texas Penal Code. Separately, the driver may […]
The state of Texas has fairly strict laws when it comes to driving while drinking or while under the influence of drugs. Over the past several years, the state has cracked down on drivers who violate those laws, resulting in large fines and even jail time for violators. There are a few things, called enhancements, […]