Posted on December 12, 2021 in Uncategorized

A recent wrong-way interstate chase starting in Houston and ending about forty miles north in Conroe shows the great hazards of attempting to evade police in the course of a DWI stop and arrest. It doesn't pay to drink and drive. It really doesn't pay to drink, drive, and try to evade arrest.

The Wrong-Way Interstate Incident

The police chase began when the defendant left a restaurant after 2 a.m., ending up heading northbound on southbound Interstate 45. Cars, trucks, and 18-wheelers swerved to avoid the defendant's onrushing, wrong-way vehicle as the defendant continued to motor determinedly toward distant Conroe. The media report indicates that the defendant driver was so confused that he claims not to have realized that police were chasing, trying to stop him as his vehicle hurtled the wrong way for forty miles northward on the southbound interstate. Fortunately, police soon managed to close the southbound interstate to avoid the northbound defendant driver causing a head-on, high-speed collision. Police only managed to stop the defendant's vehicle using spike strips. When stopped, the driver reportedly thought he was on another road in another city a long way away.

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 Posted on December 12, 2021 in Uncategorized

A recent report indicates that the Austin Police Department is just beginning a new year-long no refusal program to increase DWI crime enforcement. The program aims to turn back the sharp increase in DWI crimes and accidents spurred by the pandemic's isolation. The program may be effective in reducing drunk driving in and around Austin. The question remains, though, whether Austin police and the local court, jail, and crime labs can manage the extra work the enforcement initiative will very likely entail. Stay tuned to Austin for the results of this latest DWI trend. In the meantime, consider what a no refusal program really is.

The Probable Cause Requirement

To understand what a no refusal program is, one must first know the role that the Constitution and its probable cause requirement play in DWI enforcement. Texas's Transportation Code once considered a driver's license to be the driver's implied consent to a blood test when stopped on suspicion of a DWI. Under that statute, police would simply stop drivers suspected of a DWI and obtain a blood test. But following the Supreme Court's decision in Missouri v McNeely, Texas courts have held Texas's implied consent law to be unconstitutional. To require a blood test, police must show probable cause that the driver has committed a DWI. And if the driver refuses, the police must go get a magistrate's warrant, issued only on that showing of probable cause. Police can still get the blood test. It just takes a lot more work obtaining the warrant.

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 Posted on December 12, 2021 in Uncategorized

A recent media report disclosed that Austin police are beginning a new year-long no refusal program to increase DWI crime enforcement. Another media report quoted the widow of a man who died in a drunk-driving crash, with the widow lauding Austin's new year-round no refusal program. Like the officials who pursued, approved, and funded Austin's program, the widow hopes that the program will prevent more deaths like the one of her husband. It may well do so, but it's also likely to produce an onslaught of new DWI arrests and charges.

A Vastly Expanded No Refusal Program

It's helpful to know that refusal programs aren't new and aren't restricted to Austin. No refusal programs still permit the driver arrested for a DWI to refuse a blood test. But the no refusal program means that the officer is going to go get a blood-draw warrant for every driver's refusal. Austin and other Texas locales have long-held no refusal DWI enforcement initiatives on a few significant holiday weekends each year. Those programs are nothing new. What's new is that Austin has announced its program for every Thursday, Friday, Saturday, and Sunday year-round into September 2022. That's a lot more no refusal days than a few big holidays each year. Indeed, for the year that Austin police plan the program, they'll have more no refusal days than not.

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 Posted on December 12, 2021 in Uncategorized

More of us are on the road during the holidays, off to see family and friends. Unfortunately, having more people on the roads means more accidents. More than 40,000 people across the U.S. die in traffic accidents each year, with many of those happening over holidays. And according to a new report from trip Advisor, Texas had more holiday traffic fatalities than any other state from 2015 to 2019. While Texas had the highest number of holiday traffic fatalities, it was fifth on the list of states with the highest number of accidents per capita.

Cracking Down on Texas Highways

When Texas crash and fatality statistics go up, it's a good reminder to all of us to be careful on the roads. But these statistics will also increase law enforcement presence on our highways and interstates and lead to more drunk traps and no refusal weekends. While some increased enforcement may make us safer on the roads, it can also lead to innocent people facing arrest.

No Refusal Weekends

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 Posted on November 11, 2021 in Uncategorized

A recent Dallas News media report highlights the current state of new Delta 8 THC products. Delta 8 is a less potent and still legal cannabis product that can produce some of the effects of illegal Delta-9 marijuana products. Delta 8 has so far largely managed to skirt drug laws, thereby flooding the legal THC gummies, oil, and vaping markets. That's one point of the Dallas News story: Delta 8 sales are so hot that new Delta 8 stores and products are swamping Texas. The recent 2018 Farm Bill legalized the new Delta 8 THC at the federal level as a hemp product, meaning not much time has passed since Delta 8 started flooding the market. Regulation of Delta 8 at the state level may yet occur. This story is not over.

Delta 8 Regulation

Indeed, the media report suggests that Delta 8 regulation in Texas may soon be coming. State lawmakers introduced a bill to ban Delta-8 products across Texas. The FDA has not approved Delta 8 as safe. The cannabis-advocate organization NORML maintains that unregulated Delta 8 products may contain such dangerous synthetic substances and byproducts that the government should ban the products. But reports indicate that Texas lawmakers struck the Delta-8 ban from the bill. Delta 8 is still legal in Texas and at the federal level, even though fifteen other states have restricted Delta-8 sales or use. The more cannabis-friendly states like Colorado, New York, and Washington are among the ones restricting Delta 8, which says something about the competitive nature of the cannabis-product markets and the political influence of cannabis producers. Regulation isn't solely about safety. It's also sometimes about profit.

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 Posted on November 11, 2021 in Uncategorized

If the police arrest you for a DWI in Texas while you already have one or more pending DWI charges, it can be a serious matter. However, you are still innocent until proven guilty, and a skilled DWI lawyer can help you navigate this stressful path.

Multiple Pending DWIs in Texas

Many factors can affect the severity of multiple DWI charges and the penalties you might face, including where the DWIs happened, whether your attorney can get one dismissed, and whether the prosecutor in each case files each matter as a first offense.

1. Where Did the DWI Happen?

One thing to consider is where your open DWIs occurred. Were your charges in the same county? If so, the cases may end up consolidated. But even if the cases are in two counties, you need to assume that the prosecutor in each case will eventually become aware of your separate DWI charges. You don't want this to be a surprise when you're far into the court process. If the cases are in two different counties, you want a DWI expert with experience in multiple Texas counties. An attorney with experience in both courts can better navigate two simultaneous charges and get the best possible outcome for you in both counties.

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 Posted on November 11, 2021 in Uncategorized

If the police arrested you for a DWI in Texas, you might be worried about what will happen next. You may also be concerned about how a DWI conviction will affect your life. Your concerns are valid, but it's important not to jump ahead and assume that a court will convict you. Even with a blood alcohol content (BAC) over the legal limit, a DWI charge isn't insurmountable. With an expert in DWI defense by your side, you'll have the best possible chance for a good outcome.

What is a DWI in Texas?

Texas law defines driving while intoxicated as operating a motor vehicle in a public place:

• With a BAC of.08% or higher, or.04% or higher if you have a commercial driver's license, or
• When you no longer have the normal use of your physical or mental faculties.

See Tex. Criminal Code § 49.01. A DWI in Texas doesn't have to involve a BAC over the legal limit. Under Texas law, the police can also arrest you for DWI if you no longer have the normal use of your mental or physical faculties. Of course, this is a subjective standard, so many DWI arrests do involve a BAC over the legal limit of.08% or.04%.

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 Posted on November 11, 2021 in Uncategorized

Bad things often happen in Texas vehicle crashes. Worse things can happen when one of the involved drivers is intoxicated. Vehicle accidents involving intoxicated driving can lead to both DWI charges and a civil lawsuit against the intoxicated driver. If another vehicle occupant or pedestrian suffered an injury in an accident in which authorities charged a driver with a DWI, then the chances are good that the driver may face a civil lawsuit in addition to the DWI charges. Don't panic, though. Expert DWI Specialist defense can help you beat the DWI charge. And the chances are good that liability insurance will pay for defense and damages in the civil lawsuit.

Differences Between a DWI Charge and Civil Lawsuit

Big differences exist between a Texas DWI charge and a civil lawsuit filed under Texas civil procedures against you arising out of the same vehicle accident. You may face both DWI charges, whether your first, second, or subsequent such charge, and a civil lawsuit out of a motor vehicle accident, but the stakes, procedures, and outcomes differ. Here are some of the main differences:

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 Posted on November 11, 2021 in Uncategorized

Holidays are a great time to relax and have fun. We spend time with our family and friends, have dinner and drinks, and celebrate. But after celebrating with loved ones, it can be a dangerous time on the roads. Not only does drinking and driving increase during the holidays, but police enforcement of traffic laws also increases in the Houston area. During holidays and large events, law enforcement agencies across the state roll out "no refusal" policies for DWI stops. Unfortunately, even people who aren't necessarily intoxicated can get caught up in overzealous enforcement.

Implied Consent to Testing

The law of the land in Texas used to be "implied consent." That meant that by driving with a Texas license, you gave your automatic consent to BAC testing if the police stopped you on suspicion of DWI. But in 2014, the Texas Supreme Court ruled the implied consent rule was unconstitutional, violating the Fourth Amendment prohibition against "unreasonable search and seizure." Now, if you refuse BAC testing during a DWI stop, the police may arrest you and take you to jail. But to test your blood, they'll need a warrant for a BAC test from the court. In the time it takes to get one, your BAC can change dramatically, making a reliable BAC level less likely.

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 Posted on November 11, 2021 in Uncategorized

Recently, Galveston County Judge Jack Ewing signed an order in DWI Case No. MD390019 excluding the testimony of a certain Friendswood police officer as "an unreliable and not credible witness." Multiple sources report that the judge's order followed allegations that the suspect officer was making DWI and other traffic stops without probable cause, based on out-of-town residence or other profile. The Friendswood Police Department promptly placed the officer on paid administrative leave while police conducted an internal investigation and prosecutors reviewed cases and charges.

The Difference that Officer Credibility Makes

The above story proves once again just how significant officer credibility is to sustaining DWI charges. Make no mistake: officer credibility wins or loses cases. Nothing proves that point more than the report that Galveston County prosecutors have already dismissed around thirty-five or thirty-six cases, most of them DWIs, because of the judge's order barring the officer's testimony in that one case. Another report indicates that Harris County prosecutors are reviewing 235 more cases involving the same officer. Prosecutors have a burden to prove each element of a DWI charge beyond a reasonable doubt. They know that a skilled, aggressive, and expert Texas DWI defense attorney like 2021 Houston Lawyer of the Year Doug Murphy can cast reasonable doubt on the testimony of an officer whom a judge has already ruled lacks credibility. Better to abandon a losing case than to waste prosecutorial resources.

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