Motorists in Texas are prohibited from possessing an open container of alcohol, not only while driving but also while parked or stopped, as long as the vehicle is located on a public road. Although many people don’t realize it, this prohibition applies to anyone who is sitting in a passenger area, even if they never […]
There is still some confusion regarding the scope of Texas open container laws. Some people believe that it is illegal to have an open container of alcohol in any public place, such as a local park or while walking down the street. In reality, this will depend on where you live. As far as Texas […]
A DWI accident will always draw the attention of law enforcement. If an innocent person is killed in the accident, the drunk driver can be charged with intoxication manslaughter, a second-degree felony in Texas. As with any DWI case, the prosecution must prove the defendant was intoxicated at the time of the accident, which is […]
When you are injured in a car accident and receiving emergency medical treatment, that would not seem like the ideal time to be answering questions. Yet when police suspect drunk driving played a role in your accident, it is common practice for officers to immediately question a potential defendant. As with all such police interviews, […]
Texas is one of the most popular states when it comes to purchases of motorhomes and recreational vehicles. Indeed, many Texans spend a good part of the year living full-time out of their vehicles. And while most activities of daily RV or motorhome living do not raise any legal issues, there is one thing you […]
When it comes to drunk driving, the fact someone is a police officer will not necessarily help them avoid an arrest. The Laredo Morning Times recently reported on the arrest of a local officer charged with DWI and open container violations. According to an affidavit reviewed by the Times, the officer was arrested on July […]
We have discussed Texas open container laws many times before. To briefly recap, if you are caught by law enforcement with any open container of liquor in the passenger area of your vehicle, you can be cited for a Class C misdemeanor, which carries a $500 fine but no jail time. Of course, if you […]
When police respond to the scene of a car accident, they are not just looking to render assistance to anyone who has been injured. They are also looking for any evidence of drunk driving. And if an officer finds such evidence, the person identified as the driver may face serious criminal charges. This recent case […]
When there is any evidence to suggest that a traffic accident was the result of intoxication–which covers both drug and alcohol use–the driver may face intoxication manslaughter or intoxication assault charges if anyone else was killed or injured. These are serious crimes that can land a person in jail for decades depending on the circumstances […]
If you are arrested for drunk driving, the presence of an open container of alcohol in your vehicle can add fuel to the legal fire. In Texas, a first-time DWI is charged as a Class C misdemeanor, but with an open-container enhancement that gets bumped to a Class B misdemeanor. In practical terms, this effectively […]