Most states have some form of open container law. In Texas, this refers to a specific statute that prohibits an individual from operating any kind of motor vehicle while there is an open “bottle, can or other receptacles that contain any amount of alcoholic beverage” in it. In other words, it is perfectly fine to […]
There are a number of national parks near Houston, including Big Thicket National Preserve, Padre Island National Seashore, and Big Bend National Park. These parks are popular recreational sites with Houston residents and other visitors alike. But when enjoying these parks, it is important to obey all applicable federal laws and regulations. For example, there […]
Drunk driving accidents can lead to serious criminal and civil consequences. And there are times when the intersection of civil and criminal can lead to conflict. We recently discussed a decision from the Texas First District Court of Appeals in Houston on the subject of whether a person accused of criminal DWI can be forced […]
Non-celebrity DWI cases typically do not make national headlines. But there is always the exception that proves the rule. Consider this recent CNN report: A local sheriff’s department in Ohio is currently looking for two men suspected of drinking while driving a horse-and-buggy. According to CNN, the two men are apparently members of the local […]
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 […]
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 […]
Not all DWIs are created the same in Texas. In many cases there may be special circumstances that justify an “enhanced” DWI charge–i.e., one that may result in more jail time or higher fines. One of the more common enhancements in Texas is the DWI with open container charge. Plastic Cup, Empty Bottle Helps Justify […]
It is common practice in Texas DWI cases for a police officer to request a suspected drunk driver take a Breathalyzer test. A Breathalyzer is a device used to measure a person’s blood-alcohol content (BAC). Texas, like most states, considers a person guilty of a DWI if his or her BAC exceeds .08 percent. Is […]