Posted on November 11, 2018 in Uncategorized

This year, more than 4 million people in the state of Texas are expected to travel at least 50 miles to celebrate Thanksgiving. The holidays are often a time to relax with family and, if you're of age, enjoy a few drinks. Be careful if you decide to get behind the wheel on Thanksgiving. Texas State Troopers have made it clear that they'll be watching the roads carefully. While they'll be searching for any traffic violations, they'll really be keeping an eye out for drunk and impaired drivers.

DWI Arrests Tend to Spike Around the Holidays

There are two reasons DWI arrests tend to happen more around the holidays. First, the holidays are a time to celebrate. Celebrations often involve alcohol. As a result, more people may drive with alcohol in their system. Second, police dispatch additional officers to monitor the roads during the holidays. This is done, in part, because traffic tends to be heavier during these times. It's also done because police know drivers may be more likely to be intoxicated. The chances of being pulled over on suspicion of DWI are simply greater when there are more police watching the roads. The best advice for avoiding a DWI arrest is to completely abstain from drinking alcohol and then driving, even though the law allows a person to drink and then drive so long as they do not drink so much that they become legally drunk, or intoxicated. This is true because enforcement of DWI laws is very subjective and police tend to air on the side of caution and arrest rather than release those who have been drinking and driving.

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 Posted on November 11, 2018 in Uncategorized

In March 2017, 21-year-old Jack Young crashed his pickup truck into a church bus in South Texas. More than a dozen people were killed in the accident. Young was arrested on suspicion of DWI and subsequently charged with multiple counts of intoxication manslaughter. An investigation found that the young driver was driving under the influence of several controlled substances, including marijuana and the prescription sedative clonazepam. Earlier this week, Young was sentenced to 55 years in prison for his role in the fatal accident.

Drugged Driving in Texas

The crime is commonly referred to as "drinking and driving." However, Texas state DWI law involves much more than the consumption of alcohol. Specifically, it's a crime to operate a motor vehicle if you are intoxicated.

State law defines intoxicated to mean

not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.

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 Posted on November 11, 2018 in Uncategorized

A Houston police officer is facing criminal charges for DWI after allegedly causing a multi-car accident. According to reports, the Bobby Lee Jennings, 50, sideswiped two vehicles on Houston Ave and crashed into the back of another. Police arrived on the scene and determined that Jennings appeared to be intoxicated. A special investigator was called to handle the DWI assessment. Jennings, who was on call at the time of the accident, was taken into custody and later charged with driving while intoxicated. The officer will remain on paid administrative leave while an internal investigation is conducted.

Accidents Lead to Suspicion of DWI

Only a fraction of the traffic accidents in Houston involves a driver under the influence of drugs or alcohol. However, if you're involved in an accident, one of the first things police will try to determine is if you or any other drivers seem to be intoxicated. Officers will ask questions that are designed to identify impairment. These questions may include:

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 Posted on November 11, 2018 in Uncategorized

A 38-year-old semi-truck driver led Texas police on a 37-mile long pursuit that spanned three different counties. The incident began when officers noticed the truck "erratically swerving" in and out of lanes of traffic. The driver refused to yield to the officers' request to pull over. Instead, he continued to drive, making his way through residential neighborhoods and Texas highways. He even attempted to run over several deputies during the chase.

Police were ultimately able to stop the truck by puncturing the tires with spike strips. Once the truck came to a halt, police officers discovered that the driver was not alone. Instead, he was accompanied by his wife and two young children. He was promptly arrested for evading police, aggravated assault with a motor vehicle, and felony DWI.

Driving With Young Children Triggers Felony DWI Charges

The semi-truck driver was arrested on suspicion of DWI after leading police on a lengthy pursuit across three Texas counties. He will face felony DWI charges since his two young children - aged one and eight - were in the vehicle. If convicted of DWI with a child passenger, which is a State Jail Felony, the driver could face up to 2 years behind bars and be required to pay $10,000 in criminal fines. His driver's license will also be at risk. The consequences may be more severe since he holds a commercial license.

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 Posted on November 11, 2018 in Uncategorized

Earlier this month, Houston police received a concerned call about a potentially drunk driver at a local fast food restaurant. The caller noted that the driver had been sitting at the restaurant's drive-through window for more than 20 minutes. While responding to the call, an officer witnessed a vehicle without a license plate driving without its lights on. The officer diverted from the original call and proceeded to pull over the driver of this vehicle. According to reports, the vehicle smelled like alcohol and the driver was uncooperative. Subsequent chemical tests determined that her blood alcohol concentration was nearly three times the legal limit. She was arrested and charged with her second DWI offense.

How Reliable Are Breath Tests?

Police actually tested the DWI suspect's breath twice. While both tests showed that she was intoxicated, the results were not identical. The first test showed a blood alcohol concentration of.227 percent. The second test showed a blood alcohol concentration of.218 percent. That's a difference of nearly one-tenth of one percent. It may not sound like much, particularly in this context where the BAC is so extremely elevated, but an additional.009 percent could be quite significant in other DWI cases.

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 Posted on November 11, 2018 in Uncategorized

Getting a DWI in Houston can adversely affect your ability to work. After a recent DWI arrest, a local Houston firefighter is learning this lesson the hard way. According to reports, Severiano Vasquez was arrested on suspicion of DWI earlier this month after crashing his car into a light post. Even though the firefighter wasn't on duty at the time of the incident, his job may still be in jeopardy. He's currently under administrative investigation and suspended from the department.

Can Firefighters in Texas Be Fired For DWI?

It's possible. Each fire department in Texas has the ability to set its own administrative policies. This includes policies relevant to employee termination. As long as the policy isn't discriminatory, it's possible for departments to call for the termination of firefighters if they're arrested or convicted for DWI. Many fire departments across the state of Texas have such rules in place.

One example of a Texas fire department DWI-related policy comes from San Antonio. After DWIs involving their firefighters, the department revamped its internal policies. If a San Antonio firefighter is arrested for a first DWI offense they can automatically be placed on administrative suspension. The department reserves the right to impose penalties, including additional suspension, rehabilitation, and/or mandatory counseling if an investigation determines that the firefighter violated the law. A firefighter can be terminated from his or her employment the second time they're arrested for DWI.

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 Posted on November 11, 2018 in Uncategorized

A Houston woman is facing felony criminal DWI charges for allegedly driving drunk with her two small children in the vehicle. The woman wasn't actually behind the wheel at the time of her arrest. She was reportedly slumped over the vehicle's door frame when officers arrived on the scene. Police discovered her two young children fastened into seats in the rear of the vehicle.

DWI and Operation of a Motor Vehicle

It's illegal to drink and drive in Texas. However, the state's DWI laws address behavior that goes above and beyond "driving." According to Section 49.04 of the Texas Penal Code, you can be arrested for DWI if you "operate" a motor vehicle in a public place while intoxicated.

The term "operating" isn't specifically defined in the Penal Code. However, courts have held that the phrase involves much more than simply driving a vehicle from one place to another. According to the Texas Court of Criminal Appeals, the term operate means that a person "exerted personal effort upon his vehicle for its intended purpose." Whether or not someone was operating a vehicle in violation of state DWI law is something that must be considered in light of relevant circumstances.

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 Posted on November 11, 2018 in Uncategorized

A Houston man is facing multiple criminal charges for his role in a tragic multi-vehicle accident. According to reports, the accident occurred when 30-year-old Fernando Carcamo ran a red light and crashed into a truck. The impact of the collision caused the vehicles to crash into a third vehicle. Carcamo was driving his two sons at the time of the accident. His 5-year-old son suffered severe injuries, but his 8-year-old did not survive the crash.

Police initially believed that Carcamo was intoxicated at the time of the accident. However, the driver's blood alcohol concentration was well below the legal limit of.08 percent. It was later determined that he was not intoxicated, but rather incredibly shaken because of the fatal crash. Had Carcamo been drunk behind the wheel he would have likely faced charges for murder, rather than manslaughter.

Behavior After an Accident Can Mimic Intoxication

When police arrived on the scene of the Houston accident they initially believed that Carcamo was intoxicated. However, after an investigation, officers determined that he was not, in fact, under the influence of drugs or alcohol. Instead, his behavior after the accident was merely consistent with that of a person who had consumed certain substances.

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 Posted on November 11, 2018 in Uncategorized

This December, Utah will become the first state in the country to reduce the legal limit for driving while intoxicated from.08 percent to.05 percent. The state's new law comes on the heels of a national poll conducted by the Texas Medical Center Health Policy. The study found that 54 percent of Americans support lowering the legal limit for DWI.

It appears that the state of Texas may be thinking about following Utah's lead. The Texas Medical Center Health Policy found that support for lowering the legal limit is as high as 60 percent. Many even support a limit of 0.0 percent.

Despite support for lowering the limit at which you're legally allowed to drive, there are many concerns about the new law as implemented in Utah that Texas should be aware of.

Lowering the Legal Limit Targets Responsible Drivers

Utah's law is intended to prevent and reduce alcohol-related accidents. However, many fear that lowering the legal blood alcohol concentration limit will unfairly target responsible drivers. Most people who drink know how alcohol affects them. They know when it's safe for them to get behind the wheel. For many, this may include times when their blood alcohol concentration is at or near.05 percent. Under the new law, drivers who are alert, attentive, and responsive -- despite a slightly elevated BAC -- may face criminal charges for their actions. Utah probably doesn't intend for its new law to catch safe rivers in its web, but it's certainly a possible result.

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 Posted on October 10, 2018 in Uncategorized

A 22-year old man was recently stopped by Harris County police on suspicion of DWI after officers witnessed him driving on the wrong side of the road. According to reports, the man was driving westbound in an eastbound lane. During the stop, the driver allegedly attempted to prevent officers from conducting an investigation and was said to have become combative. But -- regardless of these allegations -- he submitted to chemical testing. The test results claimed his blood alcohol concentration was 2.5 times the legal limit. He was arrested and charged with DWI and interfering with public duties.

Can Being Combative With Police During a DWI Stop Aggravate DWI Charges?

Driving while intoxicated, for a first-time offender, is typically a Class B Misdemeanor in Texas. Class B Misdemeanors are punishable by

• 72 hours to 180 days in jail,
• up to $2,000 in criminal fines, and/or

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