Posted on November 11, 2019 in Uncategorized

Following an arrest for driving while intoxicated in Harris County, you could find your normal standard of living is turned upside down. Simple tasks like getting to work or going to the store are suddenly a challenge due to your driver's license suspension. This suspension happens after an arrest but can also be a part of a sentence if you are later convicted of the DWI.

Sure, options like rideshare exist for anyone that no longer has a valid license. For anyone working on a budget, however, the additional cost of hiring a cab or a rideshare driver multiple times each day could be too much. Additionally, with insurance premiums often paid in advance, it is likely impossible to avoid the cost of maintaining your vehicle, whether you can drive it or not.

Recognizing these issues, Texas adopted what are known as occupational licenses. These licenses allow you to drive while your license remains suspended due to DWI. However, there are strict limitations on the hours you can use this license.

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 Posted on November 11, 2019 in Uncategorized

Despite freezing conditions, Arlington police arrested a man naked from the waist down on November 15, 2019. Despite arriving on the scene to investigate reports of a disturbance, police ultimately arrested him on the charge of driving while intoxicated.

Residents of the Arlington neighborhood phoned police on the evening of November 15 after Walied Taha, 27, allegedly began knocking on doors in the 4800 block of Hollow Tree Court in Arlington. According to the police report, the residents noticed Taha acting erratically. This was punctuated by the fact that he was wearing a jacket but was nude from the waist down.

When police arrived at the scene, they observed a vehicle parked in the middle of a roadway nearby. As the officers investigated the vehicle, the partially nude man approached them admitted to owning the vehicle. The police report reflects that the officers suspected Taha was under the influence of drugs or alcohol at the time. After Taha performed field sobriety tests, the officers arrested him under suspicion of DWI despite never seeing him drive.

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 Posted on November 11, 2019 in Uncategorized

There is no question that a conviction for driving while intoxicated can have major consequences for anyone. Spending the night in jail and losing the right to drive temporarily are major setbacks, but they are only part of the problem for a person that is arrested under suspicion of driving while intoxicated during the process of immigrating to the United States.

Applying for and receiving a green card is a long, drawn-out process. The agents involved in making the decision to accept or reject applicants have significant amounts of leeway in their decision making, which makes it crucial to limit potential legal hurdles as much as possible. A conviction for a DWI could quickly upend your chances for success. If you are facing a DWI charge in Houston, discuss your case with attorney Doug Murphy before these charges impact your immigration status.

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 Posted on November 11, 2019 in Uncategorized

A DWI checkpoint is a powerful tool used by law enforcement in some states. These checkpoints are roadblocks used to screen for drunk drivers. In some cases, the police will set up roadblocks on days where a high number of intoxicated drivers are suspected, like New Years' Eve or July 4^th.

The procedure at each DWI checkpoint differs. In some instances, every driver that comes through is given a breathalyzer. In other cases, drivers are only stopped at intervals. Other times, officers who suspect a stopped driver is intoxicated will investigate further. In many cases, this will result in their arrest under suspicion of DWI.

However, the constitutionality of DWI checkpoints has long been a divisive issue. While the United States Supreme Court has ruled that checkpoints may be used in some cases, not every state allows them. That begs the question: are DWI checkpoints legal in Texas?

Federal Law Regarding DWI Checkpoints

In 1990, the Supreme Court took up the issue of whether DWI checkpoints were constitutional. Detractors argued that being stopped at a checkpoint – no matter how briefly – constitutes an illegal seizure. The Court disagreed, holding states could authorize checkpoints if there is a reasonable system used by police. Typically, this involves DWI checkpoints that are minimally intrusive.

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 Posted on November 11, 2019 in Uncategorized

Could you be charged with driving while intoxicated after consuming an energy drink? You might be surprised to learn that energy drinks are a common cause of false positives on portable breath tests. While the window for these false positives to occur is fairly small, the reality is that energy drinks have led to the arrest for suspicion of DWI for people that are entirely sober. How is this possible?

Ethanol and Energy Drinks

These results occur for a simple reason: there are small amounts of alcohol in most energy drinks. This is not the sort of alcohol that you might find in a cocktail, however. For any energy drink, the ingredients include small levels of ethanol alcohol. The alcohol concentration in these beverages is negligible; nowhere near high enough to classify them as an alcoholic beverage. However, reports of false positives in DWI breath-testing have been common since these drinks' popularity has skyrocketed.

The Missouri Department of Health and Senior Services decided to test the impact these beverages had on the state's blood alcohol concentration (BAC) testing equipment. First, the researchers tested the drinks themselves. They determined that nearly 90 percent of these energy drinks contained low levels of ethanol alcohol. The researchers then had volunteers sample 27 of the most popular brands of energy drinks. After finishing an entire can, each volunteer was tested repeatedly using both portable breath tests as well as the breathalyzer machines used in police stations across the state.

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 Posted on November 11, 2019 in Uncategorized

Traffic stops follow a familiar pattern when an officer suspects you of driving while intoxicated. First, the police will look for any obvious signs of alcohol use. This could include the smell of an alcohol beverage, drink containers in plain sight, or even an admission from you of consuming an alcoholic beverage. When the police believe you are under the influence of alcohol but lack the evidence to make an arrest, a common tool for obtaining probable cause is the use of field sobriety tests.

Field sobriety tests do not measure the alcohol in your bloodstream like a breath or blood test. Instead, they are a series of physical activities that supposedly subjective evidence of intoxication. While it is common knowledge that refusing a breath test can potentially have consequences against your driving privileges, is the same true for field sobriety tests?

Understanding Field Sobriety Tests

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 Posted on November 11, 2019 in Uncategorized

"But officer, I swear I wasn't drinking!"

It's a common refrain that police hear every day in Houston. While some drivers suspected of driving while intoxicated might be less than truthful at the time of their arrest, others are genuine. The fact is, many DWI arrests are based on false-positive results. Some of these can involve calibration problems with the breath testing device while others are caused by contaminates that throw off the results. There are other rare causes of "false" positives as well. One of these is a condition known as gut fermentation.

Gut Fermentation

There are other causes of a positive BAC reading in addition to false results. In some unusual and rare medical conditions, the human body can actually ferment alcohol. This condition is informally known as gut fermentation. Gut fermentation, also known as auto-brewery syndrome, has not always been recognized as a legitimate medical condition. Once a myth, researchers have since confirmed that in rare circumstances this condition can occur.

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 Posted on November 11, 2019 in Uncategorized

What happens to your car after an arrest for driving while intoxicated? Who has to pay for storing it? These are valuable questions for anyone facing a DWI charge in Houston. In the confusion following a DWI arrest, the last thing on your mind could be the status of your vehicle. However, what happens to your car after an arrest will quickly come to the forefront of your mind after you are no longer in custody.

After a DWI arrest, you could learn that your vehicle has been impounded. This involves law enforcement towing it from the scene and holding it in their impound lot until you can pay to remove it. The cost of impounding and towing can be expensive, and it can be only one of the unexpected expenses that come with an arrest. Working with an experienced DWI defense lawyer could help you substantially limit some of the expenses that come with an arrest or conviction.

How do you find your car after a DWI arrest?

Impounding a vehicle is most common for Houston police, but it is not the only possible outcome because Houston Police Department general orders allow police to release a car rather than tow it. In some cases, the police on the scene will allow you to make other arrangements. The options following a DWI arrest may include:

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 Posted on November 11, 2019 in Uncategorized

In New Mexico, a former State Police officer facing driving while intoxicated (DWI) charges has made headlines by seeking the dismissal of her case and the suppression of a 911 call that is the basis for her arrest. The issues in her case are not unique to New Mexico, as Houston defense attorneys like Doug Murphy have focused on similar issues in the past.

The Arrest

Former State Police officer and sheriff's deputy Jessica Turner was arrested on suspicion of DWI in February 2018 after she was found slumped over her steering wheel while parked on the side of a country road. Law enforcement was notified through a 911 call of an erratic driver, and Turner's pickup truck matched the vehicle.

After her arrest, she maintained her innocence, and her attorney has raised a number of issues pointing to her not driving the vehicle while intoxicated:

• the truck was not in drive;
• the keys were not in the ignition or even in the vehicle;

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 Posted on November 11, 2019 in Uncategorized

Many driving while intoxicated (DWI) arrests follow a familiar pattern: an officer stops a driver for a traffic violation. Suspecting the driver is intoxicated, they ask the driver to perform field sobriety tests. The officer then informs the driver that he or she failed the field sobriety tests (FST) and places the driver under arrest. But what happens when the driver passes the FST and yet the officer still makes an arrest anyway? Truth is, sober people fail police field sobriety tests because of the unfair scoring of particularized clues.

While rare, DWI arrests can still happen despite a driver passing some or all of the administered field sobriety tests. While many drivers might believe that "passing" these tests exonerates them or protects them from prosecution, the truth is it does no such thing.

All that is needed is a belief that your faculties are impaired. This can be suggested through physical and verbal cues without even taking the FSTs (or even if you take them and pass). Examples of verbal or physical signs of illegal intoxication include:

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