Posted on February 02, 2023 in Uncategorized

We all know that driving while drunk is a bad idea. Of course, we want to avoid this! But it's hard for most people to know exactly where the line is between sober and drunk. How can you figure out when it's safe to drive? If you feel like your reaction time is impaired, that may be an easy decision. But what about when you've had a drink or two? Thankfully, it is theoretically possible to generally estimate your blood alcohol concentration based on your personal factors and what and how much you've had to drink.

Legal Limit in Texas

In Texas, the police can arrest you for DWI if you are "intoxicated" because either:

• Your BAC is over the legal limit of.08%, or.04% if you hold a commercial driver's license, or
• You no longer have the normal use of your mental or physical faculties.

The police can arrest you based on their subjective opinion of whether or not you are impaired. Still, they usually administer a blood or breathalyzer test to measure your BAC, which is more objective.

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 Posted on February 02, 2023 in Uncategorized

We hear about "cold cases" in the media, movies, and TV. But in reality, cold cases aren't as easily solved as in a 45-minute TV show. According to the Houston Police Department, a case becomes cold when "all probative investigative leads available to the primary investigators are exhausted and the case remains open and unsolved after a period of three years." In many cases, the police won't continue to pursue an unsolved crime if it isn't a serious felony. But what about DWIs? Will the police continue to pursue an unsolved DWI crime?

Pursuing a Cold DWI in Texas?

Typically, a DWI is not a serious enough crime for the police to pursue if they don't immediately catch the driver. For example, if someone calls in an erratic driver on the interstate and the police suspect DWI but don't find the driver, they're unlikely to continue pursuing the tip. However, under some circumstances, such as if a potential drunk driver causes an accident that seriously injures or kills someone, the police will continue to pursue it, even if it becomes a cold case.

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 Posted on February 02, 2023 in Uncategorized

Getting arrested for DWI is never good, and you're undoubtedly concerned about what will happen next and how you can defend yourself. But what if you're sure that the police didn't see you behind the wheel of a vehicle? Can they still arrest you, and how will that affect your defense? The good news is that it may affect the state's case against you. An expert in DWI defense, like Attorney Doug Murphy, may be able to use this in your defense or negotiations with the prosecutor.

What is a DWI in Texas?

You may face an arrest for DWI in Texas if you are operating a vehicle in public while intoxicated. However, the definition of "intoxicated" goes beyond an objective measure of your blood alcohol content by a blood or breathalyzer test. Under Texas law, you may be "intoxicated" if you:

• Have a BAC over the legal limit of.08%, or.04% if you hold a commercial driver's license, or

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 Posted on February 02, 2023 in Uncategorized

You may know that Texas's penalties for a DWI conviction can be steep. But what happens if the police also charge you with a serious traffic violation like running a red light or reckless driving? Can this increase your fines or jail time if the court convicts you of the DWI? In this article, we'll discuss some of the most common questions our clients have when arrested for DWI, along with serious traffic infractions.

Driving While Intoxicated in Texas

You may face a charge for DWI in Texas if you are driving in a public place while intoxicated. However, the Texas definition of "intoxicated" can be broad. You may be "intoxicated" under our penal code if:

• Your blood alcohol content is.08% or higher,.04% or higher if you hold a commercial driver's license, or
• If you no longer have the normal use of your mental or physical faculties.

So, the police can arrest you for DWI even if your BAC is below the legal limit if they believe you don't have the normal use of your faculties. This is a subjective determination of whether you are intoxicated.

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 Posted on February 02, 2023 in Uncategorized

Video is everywhere these days. Many cars have cameras, and we walk and drive past dozens of traffic cameras daily. Businesses and homes have security cameras outside and inside. And nearly every person we encounter every day has a video camera in the cell phone they carry. So, if you're arrested for a DWI, you're undoubtedly wondering what kind of video evidence might pop up in your case. And is it admissible in your trial?

When is Evidence Admitted in DWI Cases?

For evidence to be admissible in a Texas DWI case under the Texas Rules of Evidence, it must be relevant, material, authentic, and not privileged.

• Relevant: Evidence is relevant if it may make a fact of consequence to the case more or less probable than it would be without the evidence.
• Material: Evidence is material if it relates to the issues the court is deciding in your case.
• Authentic: Evidence is authentic if it is genuine and real rather than fake or forged. Often, an attorney will authenticate video evidence through the testimony of a person with knowledge of the evidence.

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 Posted on February 02, 2023 in Uncategorized

The laws surrounding the purchase and use of marijuana are changing rapidly across the country. Recreational use of marijuana is now legal in 21 states, with medical marijuana legal in 37 states--but not in Texas. If you're using medical marijuana or purchasing weed legally in another state and bringing it home to Texas, you may be tempted to share it. After all, if you've purchased it legally, why can't you sell it to someone else? But marijuana isn't legal in Texas for the public, and medical marijuana is only available to those under a doctor's supervision and with a proper prescription. So, it's best to know and understand Texas laws before you bring marijuana back from another state or share your legally obtained medical marijuana.

Texas Marijuana Laws

The recreational use of marijuana or THC is illegal in Texas, and our state has some of the most serious penalties in the country for the use and distribution of marijuana in sometimes unexpected ways. For example, while possession of four ounces or less of marijuana is a misdemeanor, possession of a THC vape cartridge is a felony in Texas. Texas law also treats marijuana you purchase legally in another state just like illegal marijuana in our state. You won't receive an exception or exemption because you purchased weed legally elsewhere and brought it to Texas.

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 Posted on January 01, 2023 in Uncategorized

So, you're facing a charge for driving while intoxicated in Houston. It happens to many people after a few drinks with dinner or out at the game. But maybe you're sure that you weren't intoxicated, and the BAC test the police gave you is just wrong. What if your absorption rate for alcohol is lower than most people's? Can you use this as a defense for a DWI in Texas?

What is Driving While Intoxicated in Texas?

You can get arrested for DWI in Texas even if your blood alcohol content is below the.08% legal limit. Under Texas law, the definition of "intoxicated" extends beyond just your BAC. The Texas statute states that someone is intoxicated if they:

• Not having the normal use of either your mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.

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 Posted on January 01, 2023 in Uncategorized

You undoubtedly have many questions if you're facing a charge for driving while intoxicated on federal lands in Texas. How is this different from a state DWI? Is it more serious? In many states, federal DWI or DUI law is stricter than state law. That's not necessarily true in Texas, where strict DWI laws exist. But even if you're facing a DWI on federal lands, an expert in Texas DWI can help.

Texas DWI Law

Under Texas law, you can face DWI charges even when your blood alcohol content is below.o8%, which is the legal limit. That's because Texas defines someone as "intoxicated" if they:

• Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.

Tex. Penal Code § 49.01 (2001). So, you can face DWI charges if you were operating a motor vehicle in public, and you have a BAC over.08%, or you don't have the normal use of your mental or physical faculties.

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 Posted on January 01, 2023 in Uncategorized

In the age of all things digital, you may have seen dozens of arrests posted online. The viral recording of George Floyd's death in Missouri in 2020 led to mass protests across the country and put police actions under a microscope in many states in the U.S. Since then, arrest videos from bystanders and the subjects of the arrest themselves have proliferated across social media. At the same time, more law enforcement officers must now wear body cameras or use dashboard cameras during interactions with the public, stops, and arrests. But what if you want to record your own interactions with the police in Texas? Can you record your arrest with your cell phone?

Can You Record Your Arrest?

The Supreme Court has never directly ruled on whether you have the right to record the police on your cell phone. But many federal appellate courts have held that you have a First Amendment right to record police officers in public places. Even in states requiring two-party consent for audio recordings, courts have held that police officers don't have any expectation of privacy during a traffic stop, and you don't need their consent to record them. Recording the police is not a violation of wiretapping statutes that restrict when you can record audio of another person without consent. If you are on private property, the property owner may be able to set rules about recording others. But under Texas law, you only need one party's consent to record.

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 Posted on January 01, 2023 in Uncategorized

Understanding state and federal laws about carrying a gun can be tricky. Gun laws vary from state to state, and while Texas has gun-owner-friendly legislation, knowing where you can carry a gun and whether and when you need a license can be challenging. That's why we're answering some of the most common questions we hear from our clients about Texas gun laws.

Who Can Carry a Gun in Texas?

On September 21, 2021, Texas enacted new legislation making it easier to carry a gun. If you qualify, you can carry a gun in a public place without a license to carry it, as long as you carry it in a holster. You may qualify to carry a gun under Texas state law if:

• You are at least 21,
• You don't have any prior felony firearms convictions,
• You don't have any recent convictions for certain misdemeanors for carrying an unlawful weapon or unlawful possession of a firearm,
• You don't have an unexpired protective order in place against you,
• You aren't restricted from possessing a firearm because of prior federal firearms charge under 18 U.S.C. § 922(g), and

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