Posted on October 10, 2020 in Uncategorized

In Texas, if there are children in a vehicle, while a driver is intoxicated, the driver may be charged with "Driving While Intoxicated with Child Passenger" (DWI with Child Passenger), a felony punishable with time served in a state jail.

According to Texas Penal Code Chapter 12 § 49.045, a person commits a DWI with Child if:

(1) the person is intoxicated while operating a motor vehicle in a public place; and

(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

Note that the driver may be charged and convicted of a DWI with Child Passenger even if the child in the vehicle was not injured in an accident.

What is the Punishment for DWI with Child?

Driving While Intoxicated with Child Passenger is a state jail felony under Texas Law. Texas Penal Code Section 12.35 says that someone convicted of DWI with Child can be punished by between 180 days and two years in a state jail and/or a maximum fine of $10,000, and a 180-day suspension of a driver's license. Additional penalties can also be levied, ranging from probation to community service and more.

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 Posted on October 10, 2020 in Uncategorized

In August 2020 , in Midland, Texas, a woman was arrested and charged with a DWI after she'd allegedly hit another vehicle and then, after veering off the road, crashed into the back patio of someone's home. While Car versus House is fortunately not an everyday DWI case, DWIs frequently involve accidents that result in some form of property damage. Compared to a DWI that resulted from a traffic stop, property-related accidents can be much more serious, with criminal and civil liability. Given what's at stake, it is important to retain an attorney who specializes in DWI defense as quickly as possible.

Increased Penalties for DWI Involving Property

According to T exas Penal Code Chapter 49, the penalty for a first-time DWI conviction is a Class B misdemeanor subject to a jail sentence of up to 180 days and a fine of up to $3,000, as well as 72 hours of initial jail confinement and a mandatory driver's license suspension. Punishment increases for subsequent offenses.

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 Posted on October 10, 2020 in Uncategorized

Earlier this month, a 24-year-old Texas man found himself facing life-altering criminal charges in the wake of a head-on collision in Beaumont, TX-one that caused serious injury and at least one fatality. According to 12News, the defendant driver veered his car into oncoming traffic on the evening of October 3, striking another vehicle head-on. One of the occupants of the other vehicle was pronounced dead; the other sustained serious injuries. Police have charged the man with one count of intoxication manslaughter and one count of intoxication assault. If convicted, he could face upwards of 20 years in prison for the intoxication manslaughter charge alone.

This story shines a spotlight on a DWI offense unique to the State of Texas: intoxication manslaughter. Every state has some method of enhancing drunk driving penalties when death or injury is involved, but only Texas has created a specific charge for it. As the name suggests, intoxication manslaughter refers to causing the death of another individual as a direct result of driving while intoxicated. It is a second-degree felony that carries a penalty of between 2-20 years in prison and fines up to $10,000.

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 Posted on October 10, 2020 in Uncategorized

Best Lawyers in America recently named Houston attorney Doug Murphy the "Lawyer of the Year" for 2021 in DWI defense. The prestigious ranking, published by U.S. News and World Report, is based entirely on peer reviews by fellow lawyers, meaning Murphy's fellow Houston attorneys ranked him the best for his results, experience and expertise in DWI defense. Best Lawyers only awards "Lawyer of the Year" to one Houston-area DWI defense attorney with the highest overall peer-feedback.

Lawyer of the Year Selection

Being named "Lawyer of the Year" is a rigorous process, and Best Lawyers has used the same transparent methodology for more than 30 years.

1. Nominations:

Any lawyer can nominate another lawyer, but self-nomination is prohibited. All lawyers must be in private practice; no corporate in-house attorneys are eligible. The number of nominations an attorney receives does not affect the results.

2. Peer Review:

Currently-recognized attorneys provide feedback on the caliber of a nominated attorney's work. Best Lawyers uses a sophisticated survey process designed to elicit "meaningful and substantive" evaluations of a nominated attorney's work. Because attorneys provide peer-reviews only for their geographic area, the editorial staff tailors each ballot based on the reviewer's geographic region and practice area. Reviewing lawyers are not allowed to select the attorney they peer review.

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 Posted on October 10, 2020 in Uncategorized

In October of 2019, Errol Spence Jr., a popular boxer, was charged with Driving While Intoxicated (DWI) after losing control of, and flipping, his Ferrari. Police stated that Mr. Spence was allegedly drunk driving his vehicle at a high-speed rate in the early hours of the morning. He was not wearing a seat belt during the crash and suffered severe facial injuries that left him hospital-bound for a time. The young boxer was lucky to survive the accident and is back in fantastic fighting form, preparing to defend his title later this year. Native Texan Spence is an amazing example of how, despite his serious DWI charge, we are all capable of overcoming hard things.

What a DWI Can Teach You

Being charged with a DWI can be a stressful situation for nearly everyone. You may feel alone, confused, and worried about what others may think. These strong emotions can lead even the best of us to feel like we should shrink back from life. But what if you could use this incident as a learning experience – like Errol Spence Jr. Instead of focusing on what's happened, focus on what it can teach you. Mr. Spence focused on how lucky he was to be alive. His body was battered and bruised, he'd completely totaled an expensive vehicle, but he focused on what the experience taught him. He started training again, rehabbing his body, and getting into the best shape he can to take down another champion boxer in December 2020.

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 Posted on October 10, 2020 in Uncategorized

The COVID-19 pandemic has changed life as we know it here in Texas. We've faced more than 754,000 cases in the state and more than 139,000 in the Houston area alone. In April, Governor Greg Abbott shut down all but essential businesses, including bars, live events, and concerts. With cases peaking again in June, Governor Abbott again closed down bars, limited restaurants to 50% capacity indoors, and restricted outdoor gatherings to 100 people.

Texas Shuts Down

With bars, live events, and concerts shut down or limited in capacity since April, we'd expect arrests for people driving while intoxicated (DWI) to decrease dramatically. Instead, arrests for DWIs are holding steady. Sgt. Don Egdorf of the HPD DWI Task Force says, "The DWI numbers are still up here instead of taking a big drop." Houston police reported about 4,500 arrests for DWI in 2019. The numbers for 2020 are on track to reach 4,300 arrests for DWI.

What is DWI in Texas?

A person is driving while intoxicated in Texas if their blood alcohol level is.08% or higher. But an individual is still intoxicated if they are impaired due to alcohol or drugs regardless of their BAC. See Tex. Penal Code § 49.01 (2001). A DWI conviction comes with severe penalties, even for a first offense:

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 Posted on October 10, 2020 in Uncategorized

Police recently arrested a Harris County Precinct 6 Deputy after she allegedly choked another woman until she passed out on the side of the Gulf Freeway. She faces charges of DWI and aggravated assault after the incident.

Police received a call to a crash and major disturbance after 6 pm on Sunday, October 4th. Police reported that the off-duty deputy was driving along the Gulf Freeway when one of her passengers asked her to pull over so she could be sick. When she did, she purportedly crashed into a concrete barrier. Then she and her passenger began arguing, and the deputy allegedly choked the woman until she passed out.

The Harris County Sherriff's Department released a statement indicating that the deputy was still on probation, having been employed with the department for only four months before her arrest. The department reported that the deputy "was with Precinct 6 for only four months but has been fired and is no longer employed with the precinct."

If you are facing a DWI charge in Texas--even if, fortunately, you didn't try to choke someone out--it can be scary and overwhelming. Often people are tempted to plead guilty, pay their fine, serve their time, and forget about it. Unfortunately, there can be long-lasting professional ramifications from a DWI conviction.

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 Posted on October 10, 2020 in Uncategorized

Driving while intoxicated (DWI) issues become more complex if the driver has a commercial driver's license (CDL) and was operating a commercial vehicle such as a large truck or semi at the time of the arrest. Given the seriousness of these issues, it is vital that anyone with a CDL charged with a DWI immediately hire an attorney. Time is of the essence.

Commercial Driver's Licenses-Different Legal Standards Apply

Holders of a commercial driver's license are not permitted to drive while intoxicated, whether from the use of alcohol or any drugs, illegal narcotics, or other chemical substances.

Under Texas state law , a commercial driver operating a commercial motor vehicle on a public road can be found guilty of a DWI with a blood alcohol concentration (BAC) of 0.04 or more. That is only half of the BAC allowed for commercial drivers when they are operating non-commercial vehicles.

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 Posted on October 10, 2020 in Uncategorized

Driving while impaired (DWI) in Texas can come with severe consequences: A DWI conviction can mean prison time, steep fines, and suspension of your driver's license. But people are much less aware that if you have a professional license, that, too, is at risk with a DWI.

What Is a DWI in Texas?

First, it is important to understand what constitutes a DWI in Texas. In Texas, a person is legally intoxicated and may be charged with DWI if they are not able to function normally. Impairment can be tested with field sobriety tests, but it is presumed to be the case if someone has blood or breath alcohol concentration (BAC) of.08% or more.

Further, DWI's are not limited to alcohol: A person may also be considered intoxicated if they are impaired due to alcohol or other drugs.

How Can a DWI Affect Your Professional Licensing?

Many jobs-from dentistry to teaching-require professional licensing before a person can practice or hold such a position. In doing so, the governing boards that establish those licensing requirements-including under what conditions someone may be stripped of their license.

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 Posted on October 10, 2020 in Uncategorized

A recent two-car crash in Harris County demonstrates how tragic car accidents can be. The September 11, 2020, crash near Greenhouse and Morton roads sent four people to the hospital, including two children. Three of the injured were life-flighted to nearby hospitals, and police suspect one of the drivers was intoxicated.

We all know that driving while intoxicated is wrong, but if you're arrested on suspicion of driving while intoxicated (DWI) with injuries to others, don't panic. A tragic accident doesn't mean that an arrest means you will be automatically convicted of DWI, but you should be aware of the possible consequences.

Driving While Intoxicated

A driver is considered intoxicated in Texas if their blood alcohol content (BAC) is.08% or higher. Or, if the driver is impaired by drugs or alcohol, regardless of their BAC. See Tex. Penal Code § 49.01, et seq. (2001). A driver is "impaired" if they don't have normal use of their physical or mental faculties.

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