Posted on December 12, 2020 in Uncategorized

The prior 2020 Texas big DWI story addressed the concerning spread of a new but unreliable oral-fluid technology from which to infer blood-alcohol levels. Nationally recognized DWI specialist Doug Murphy stays on top of these trends to ensure that those charged with DWI offenses have the best representation. Consider here another 2020 Texas-DWI development affecting how Texas authorities process DWI charges.

The year 2020 in Texas marked something of a DWI watershed as the first full year of DWI deferred adjudications. In 2019, the Texas legislature adopted HB 3582 opening a longstanding Texas deferred-adjudication program to certain DWI offenders. Texas courts hearing DWI charges may now hold certain first-time DWI offenders' confession to the charge, allowing the offender to complete a diversion program, after which the court dismisses the charge. The broader Texas diversion program had been on the books for decades but closed to DWI offenders. The amendment opening diversion to DWI offenders took effect September 1, 2019, making 2020 its first full year of implementation.

Continue Reading ››

 Posted on December 12, 2020 in Uncategorized

If a "driving while intoxicated" (DWI) accident involves injury, that can result in increased penalties, but what happens if the DWI results in an injury to a police officer? That is the scenario posed by a recent incident in the Sunnyside area of Houston. According to an ABC13 news report, a driver allegedly failed to yield while making a right turn, striking a southbound police cruiser. The officer driving the cruiser was said to have been taken to the hospital for treatment of minor injuries. The police were reportedly investigating the crash as a DWI.

How does an officer's injury impact a DWI charge?

If DWI results in serious bodily injury, that can be charged as an intoxication assault. While that is usually a third-degree felony, if the injured person is a police officer , then it's enhanced to a first-degree felony, with possible penalties of a 5-99 year prison sentence and a fine of up to $10,000.

Continue Reading ››

 Posted on December 12, 2020 in Uncategorized

The prior big 2020 Texas DWI story had to do with how the pandemic roiled the pattern of DWI violations and prosecutions, specifically in the Houston area. Everyone knows that 2020 has been unlike any other year, which has been just as true for DWI prosecutions.

Another big 2020 DWI story is the continuing advance of DWI technologies affecting the incidence of DWI violations and repeat offenses. Late 2019 saw federal legislation introduced to require by 2024 that motor vehicles have advanced alcohol-detection devices preventing the vehicle from starting if the operator had illegal blood-alcohol levels. That federal legislation would vastly broaden current state laws requiring certain DWI offenders to install such devices on any operated vehicle.

Perhaps not surprisingly, given everything else going on politically in 2020, the federal legislation did not advance to become law in 2020. Ignition devices nonetheless made additional advances in 2020. A recent National Conference of State Legislatures report states that several more states in 2020 joined the many states already requiring DWI offenders to install advanced alcohol-detection devices on operated vehicles. Indeed, Texas Transportation Code 521.246 authorizes ignition interlock devices for first-time DWI offenders who wish to retain their driver's license while requiring ignition interlock devices for repeat offenders.

Continue Reading ››

 Posted on December 12, 2020 in Uncategorized

Police are investigating after a 25-year-old recently died in the Rowlett City Jail. Police found the man sleeping in his truck in an apartment complex parking lot after receiving a call of a possible drunk driver on the road. Police woke him and arrested him for driving while intoxicated. Later, police also charged him with possession of marijuana and other controlled substances. They then processed him into the Rowlett City Jail.

Rowlett Detention Officers later found the man unresponsive in his cell. They performed CPR and moved him to an area hospital via ambulance, where medical professionals later pronounced him dead. His cause of death is unknown. If the police arrest you for DWI, it can be scary, and you may not know what to do or even what you can do or request from the police. So, it's important to understand what happens after a DWI arrest and what you should do to avoid it.

What Happens After a DWI Arrest?

Once the police arrest you for a DWI, they'll administer a blood alcohol test if they haven't already. The BAC is typically a breathalyzer test or a blood test. If you refused the test, the police will get a warrant for a blood test. They will then take you to the police station for booking. You do not have to speak to the police or answer their questions.

Continue Reading ››

 Posted on December 12, 2020 in Uncategorized

On October 17, 2020, a celebrity gossip website announced that reality TV star Michelle Theriot-"Gramma Mimi" on TLC's hit show Outdaughtered-had been arrested under suspicion of driving while intoxicated (DWI). Theriot reportedly failed multiple field sobriety tests, and the website alleged she tried to cover up the smell of alcohol with a strong perfume or cologne.

Public figures arrested for DWI need an expert attorney right away.

According to the article, Theriot gave at least two different versions of the facts relating to her alcohol use to the police. Even if the police have reasonable suspicion to stop a driver, a driver is under no obligation to give them any information relating to the traffic stop. Instead, all a driver has to answer is to politely say, "I want my lawyer." Upon hearing this, the police must stop asking you questions. That is important, not only in terms of limiting the evidence against you, but it also reduces the amount of information in the arrest record-which could be used in news articles or gossip columns.

Continue Reading ››

 Posted on December 12, 2020 in Uncategorized

According to KTSM, El Paso, Texas, police recently arrested a man for driving while intoxicated. The suspect was purportedly driving erratically before the police pulled him over; then, he abandoned his vehicle and led police on a foot chase. After he was caught, he allegedly had a breath alcohol concentration (BAC) of.202-almost two-and-a-half times the legal limit (.08). The police booked the suspect for a "3^rd or more" offense of "driving while intoxicated" (DWI) and evading arrest. Further, the man reportedly had previous convictions for DWIs and two outstanding warrants for other DWIs and evasions of arrest. From the perspective of a DWI Defense Specialist, it is extremely important to understand the facts at the root of each of these allegations, as well as the impact on potential penalties, in order to develop the strongest defense strategy.

The news report is unclear in terms of how many previous convictions the suspect had on his record. We also don't know what punishment the driver received for these convictions-if the driver had only been required to pay a fine or if he had served any jail time. If we were defense attorneys for the suspect, this is crucial information because, for those who have three or more DWI convictions, any subsequent DWI can be charged as a third-degree felony DWI, with a jail sentence of 2-10 years. Further, if the earlier convictions resulted in incarceration, then any later offense can be charged as a second-degree felony (with a sentence of up to 20 years). If it's a third DWI with two or more jail sentences, then it is an enhanced felony-with a possible sentence of 25 years-to-life.

Continue Reading ››

 Posted on December 12, 2020 in Uncategorized

Social media is part of our lives now. Whether we go out with friends or have a family party, we know that photos and videos will end up on Facebook, Instagram, TikTok, or Snapchat. Facebook is the new family photo album, and we've all gotten used to seeing our happy moments on the internet for all of our friends to see. While having a convenient record of fun events can be wonderful, social media also has a downside. What happens when moments you'd prefer to keep private end up online for the world to see, including the prosecutor on your DWI case and potential jurors?

I think we can all agree that getting arrested is one of the worst moments of your life. Even if you've done nothing wrong, it's humiliating and frightening. Having it happen in public or with many witnesses can be even more humbling. But what happens if people around you post what happened on social media channels? What if they post about an outing or event that happened before your DWI arrest? In another recent post, we discussed how you should avoid using social media after a DWI arrest. In this post, we'll discuss how to handle social media accounts and what other people post about you.

Continue Reading ››

 Posted on December 12, 2020 in Uncategorized

KBTX, a Bryan, Texas, station, recently reported that police had arrested an area resident for "driving while intoxicated" (DWI). According to the news report, the alleged offender crashed his vehicle into a semi-truck, and, shortly after contact, his own vehicle caught fire. Thankfully, no one was injured in the accident, but damage to the vehicles was, of course, substantial.

DWI cases are always serious, but they are much more of a concern when there is an accident.

A car accident may result in significantly increased penalties for a DWI charge. Typically, a first-offense DWI is a class B misdemeanor; however, prosecutors may increase the severity of the charges if an accident has occurred. In addition to DWI charges, you could also be charged with other related crimes, such as reckless damage or criminal mischief. The exact charges will depend on both the amount of the alcohol the driver consumed and the damage caused by the accident.

Continue Reading ››

 Posted on November 11, 2020 in Uncategorized

In the late hours of the evening in mid-September 2020, officers responded to an intoxicated driver complaint on Flower Mound Road. When they arrived, they found a severely damaged motor vehicle facing oncoming traffic. Officers discovered that both the driver and the passenger had fled the scene. The passenger was found behind a Wayfair store and arrested for alleged public intoxication. The driver was seen later by another officer but managed to flee into a heavily wooded area just south of Flower Mound Road. The police and the Texas Department of Public Safety tried to locate the suspect but were unsuccessful. Being charged with a DWI in Texas is a serious offense, but the seriousness increases several times over for a suspect that evades arrest or detention. Hiring an expert DWI attorney can help mitigate the severity of the crimes from the beginning.

What Happens if You Evade the Police When Stopped for a Texas DWI?

If caught, the suspect from the article above would be subject to both a DWI charge and a charge for evading arrest or detention. According to the Texas Penal Code, this offense is a Class A misdemeanor and is punishable by up to one year in county jail and fines up to $10,000. If you try to evade arrest while in a motor vehicle or have previously been convicted of another crime, these punishments increase significantly. If evasion becomes your first conviction and you were driving a car when it happened, the offense is considered a fourth-degree felony, which could result in 180 days to 2 years in jail and fines up to $10,000.

Continue Reading ››

 Posted on November 11, 2020 in Uncategorized

In the wee hours of the morning of October 17, 2020, police arrested Fort Worth City Council Member Cary Moon, alleging that the council member was driving while intoxicated (DWI). In a statement, Moon said, "Thank you to those who have offered support. At this time, we are not able to discuss details of the case. I will be responsible for my actions and own up to any personal or legal failures." Both the arrest and Moon's comment highlight interesting ways that a DWI could impact someone running for, or currently holding, public office. Let's discuss a couple of these issues.

DWI Impacts Professional Licensing

Many individuals who hold elected office do so on the basis of their professional accomplishments. However, DWIs can cost someone their professional license in a number of fields-such as accounting, real estate, and the practice of medicine. Furthermore, for fields based on practitioners' reputation for truth, such as the practice of law, a license can be pulled for issues of character, and DWI can be used in this context as well.

Continue Reading ››