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, […]
Driving while intoxicated is a serious offense in Texas, but driving while intoxicated and causing an accident is a crime. If you or a loved one caused an accident while driving under the influence, you face a criminal conviction, jail time, and fines. In short, your future is at stake. A skilled DWI defense attorney […]
The presence of an open container can not only serve as grounds to charge with you with an enhanced DWI offense. It frequently serves as justification for giving a police officer probable cause to detain you of suspicion of DWI in the first place. Remember, Houston-area law enforcement is carefully trained to spot any potential […]
A DWI accident can lead to felony charges of intoxication assault or intoxication manslaughter if someone else is injured or killed, respectively, as a result of drunk driving. The penalties for either offense carry significantly higher penalties that first-time DWIs. In the case of intoxicated assault, a third-degree felony, the defendant may be sentenced to […]
Everyone knows that drunk driving–DWI–is illegal in Texas. But many people are unaware of the additional penalties a person faces for simply having an “open container” of alcohol in their car. Below are some basic questions about the open container laws in Texas and how they could affect you. What Is Considered an “Open Container”? […]
It is common knowledge that the legal blood-alcohol concentration (BAC) limit for drunk driving in Texas is 0.08 percent. BAC varies depending on a person’s weight, metabolism, and the type of alcohol consumed. But just to give you a rough idea, a 160-pound man will likely be at or over 0.08 percent BAC after 3 […]