Posted on January 01, 2020 in Uncategorized

If you have been arrested under suspicion of driving while intoxicated in Houston, you probably have plenty of concerns running through your head. How will this affect your job? Is it possible to defeat a DWI charge? Are the penalties steeper in Harris County? One question that you might struggle to find an answer for is whether possessing a handgun at the time of your arrest will impact your case.

Texas gun laws allow you to carry in a variety of ways. However, the violation of these laws could result in their own criminal charges. While it is true that having a gun in your possession at the time of your DWI arrest could have far-reaching consequences, it will not directly impact your DWI case.

It is important that you understand your rights in these situations. To ensure you are well-informed, it could benefit you to discuss your options with a skilled defense attorney. Attorney Doug Murphy has an extensive background in defending the rights of those accused of DWI. What's more, he could advise you on how a DWI case could impact your right to own guns in the future.

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 Posted on January 01, 2020 in Uncategorized

It is no secret that the vast majority of arrests for driving while intoxicated (DWI) in Houston occur during traffic stops. Typically, police officers will pull over a suspect for some sort of moving violation or infraction. This could include anything from speeding to driving with expired tags. If the officer at the traffic stop suspects the driver is intoxicated, they normally investigate the case and make an arrest immediately.

However, a driver that makes it home after drinking and driving may not necessarily be in the clear. While rare, it is possible for the police to arrest you for DWI in Houston after the fact. This is most likely following an accident where the suspected driver left the scene.

While these charges are possible, they are difficult for the state to prove. An arrest after the fact will not have a breath, blood, or urine test to rely on. In many cases, the prosecutor could have a difficult time even proving a person was driving, let alone intoxicated while doing so. If you have been charged after the fact with DWI in Houston, let attorney Doug Murphy evaluate the strength of the charges against you.

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 Posted on January 01, 2020 in Uncategorized

The typical Houston DWI arrest follows a similar pattern. First, you are pulled over by the police while driving down a public roadway. This can be for any moving violation or suspicion of driving while intoxicated. Next, the police investigate you. If they decide you are under the influence of drugs or alcohol, they will place you under arrest.

What happens if you were never driving on a public roadway in the first place? Unfortunately, in many cases, the police may still arrest you under suspicion of DWI.

DWI Standard in Texas

The charge of DWI is governed by Texas Penal Code § 49.04. According to the statute, a person commits DWI when they operate a motor vehicle in a public place while intoxicated.

The statute does not define what makes a public place. However, years of court decisions have helped narrow down whether or not a person is in public, or whether the general public has access. This is a sticking point for some DWI cases, so discussing it in detail with a Board Certified DWI attorney could be in your best interest.

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 Posted on December 12, 2019 in Uncategorized

A 26-year-old woman and mother of two was arrested November 9, 2019, in Harris County after a car accident injured one child and claimed the life of another. Following the crash, the woman was investigated for driving while intoxicated. She now faces criminal charges related to the death.

Cristal Gonzales was charged with one count of felony murder and one count of intoxication assault after crashing her car while allegedly driving under the influence of alcohol. Her three-year-old son died in the crash, while her eight-year-old son was injured. Early in the morning of Saturday, November 9^th, Gonzales struck a median while driving on Mykawa road near the Sam Houston Tollway. Both Gonzales and her older son survived, despite both suffering critical injuries.

According to law enforcement, Gonzales had a blood alcohol concentration (BAC) more than three times the legal limit. Due to the death of her child, she faces felony murder charges. Prosecutors typically use this charge as opposed to intoxication manslaughter when the underlying DWI would have been a felony had there not been a fatality. In addition to the felony murder charge, Gonzales also faces intoxication assault charges related to her older son's injuries.

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 Posted on December 12, 2019 in Uncategorized

For as long as driving while intoxicated has been a crime in Texas, there have been myths and misconceptions about the offense. Misconceptions about the law and false tips to beat a breathalyzer have always spread like wildfire, particularly in the age of the internet.

These myths can be problematic when taken seriously. If you are relying on bad information to prevail in a criminal trial or trick a breathalyzer, you are putting yourself at unnecessary risk. Below, we consider some of the common myths about DWI.

Myth #1: A Penny in Your Mouth will Trick a Breathalyzer

A rumor that has floated around for decades is that placing a penny in your mouth could lower the blood alcohol concentration (BAC) result on a breathalyzer test. The theory goes that the metal in the penny somehow reacts with the breathalyzer, giving off a false negative. There is no scientific evidence to suggest this is true, as there are no studies to suggest any substance can lower the BAC levels of a breathalyzer test. On the contrary, there are a variety of substances like mouthwash that might raise your BAC artificially. Residual mouth alcohol is scientifically known to falsely elevate a breath test, as does residual food or tobacco in the mouth during a breath test.

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 Posted on December 12, 2019 in Uncategorized

Most of the talk about the value of a DWI defense attorney revolves around how they can help an innocent person beat a charge. There is no question that the police mistakenly arrest innocent people for DWI constantly. Some of those arrests are due to the false positives on a breath test. Others occur due to how inaccurate field sobriety tests can be. Then there are flaws and breaks in the chain of custody with blood testing that create pre-analytical errors that makes blood testing unreliable.

It goes without saying, however, that some people that face arrest for DWI are under the influence of alcohol or other substances. If that is the case for you, it might leave you wondering if hiring a defense attorney is worth it. If you believe you were intoxicated at the time of your arrest, is the cost of hiring a defense attorney worth it? Before you resign yourself to pleading guilty, there are some important factors to consider.

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 Posted on December 12, 2019 in Uncategorized

For years, law enforcement and anti-drunk driving advocacy groups have pushed state legislators across the country to increase the required use of ignition interlock devices (IID). These devices are designed to prevent drunk driving by requiring the operator to blow into it prior to starting a vehicle and periodically while driving the vehicle. If the device detects the presence of alcohol on the driver's breath, the vehicle will shut down or force you to pull over.

According to Car and Driver, there is some evidence that these devices can limit the rate of drunken driving. However, an investigation by the New York Times highlights some surprising facts about the device. These devices have the potential to put your life and the lives of other drivers at risk, and you have little say in whether the government requires them in your vehicle following a DWI conviction.

IID Supporters Fail to Consider the Risks

There are many interested parties that are in favor of expanded IID requirements. Mothers Against Drunk Driving have long sought mandatory use for every person convicted of a DWI. The CDC has also signaled it is in favor of expanded IID requirements.

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 Posted on December 12, 2019 in Uncategorized

The walk and turn field sobriety test is a common trope in popular culture. Many television depictions of a DWI arrest involve some version of the accused "walking the straight line." As one of the three standardized field sobriety tests, the walk and turn test is also commonplace in real-life DWI arrests. But should they be?

The most often-cited study regarding the accuracy of these tests suggests they are not a strong indicator of intoxication. According to the National Highway Transportation Safety Administration, this test only accurately identifies drivers with a blood alcohol concentration of.10 or more 68 percent of the time. While a 32 percent false-positive rate is very high, the figures buried in the study are worse. The overall accuracy rate was bolstered by the officer's ability to identify subjects that were highly intoxicated. This was not the case for the sober drivers in the study. The officers taking part reported that 52 percent of subjects under the legal limit failed the walk and turn test. This means even under the most favorable results, the majority of sober drivers showed false-positive signs of intoxication.

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 Posted on November 11, 2019 in Uncategorized

There are few career paths as long and winding as becoming a lawyer. Anyone dreaming of practicing law or becoming a judge must not only complete their undergraduate work but also graduate from an accredited law school. A law degree does not entitle you to practice law, however. The next step involves passing the bar exam and obtaining gainful employment. Unfortunately, a DWI conviction can throw a wrench in the entire process.

Each year, people across the country see their ambitions crushed thanks to a criminal conviction. While a DWI conviction may not guarantee that your odds of being a lawyer are zero, there is always a risk. The good news is that a misdemeanor DWI is not a crime of moral turpitude. The most important aspect is that you disclose your arrest in your application and in your declaration of intent to study law. Failure to disclose is worse. After all, certain criminal convictions can result in a licensed attorney to face suspension or even lose his or her license. If sitting attorneys face these consequences, it should not surprise you that prospective attorneys could as well.

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 Posted on November 11, 2019 in Uncategorized

For many Houston residents, having a drink after work or at a ball game is one of life's simple pleasures. Looming over every drink, however, is the risk of an arrest for driving while intoxicated. It should come as no surprise, then, that many drivers look for ways to stay out of trouble after a night of drinking. While many are content to take a rideshare or taxi home, others are unwilling or unable to leave their vehicle behind. Personal breathalyzers are the answer for some of these drivers.

The idea is simple: by carrying your own breathalyzer with you, you can test your blood alcohol concentration (BAC) before you drive. If your breathalyzer indicates your BAC is below the legal limit, you are good to drive, right? Unfortunately, it may not be so simple.

How Accurate are Personal Breathalyzers?

Like with any product including the breath machines used by Houston police officers, the quality of personal breathalyzers can vary dramatically. There are keychain breathalyzers available in many drugstores for a few dollars as well as specialty models that can cost several hundred. Unsurprisingly, the difference in accuracy between models is enormous. There are also other reasons why a personal breathalyzer should not be relied on.

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