Posted on May 05, 2023 in DUI/DWI

We all know that driving after you've had too much to drink is not a good idea. Most people don't intend to drive drunk when they get behind the wheel after having a few drinks. But you can also face charges far more serious than a DWI if you get into an accident and injure or kill someone in your family riding in the car. That's what a former truck driver in Waco recently discovered in this horrifying scenario.

DWI Crash in Waco

In April 2020, Waco police arrested a retired truck driver on suspicion of DWI after a crash in the 1400 block of Dallas Street. His wife died in the crash. According to the arrest affidavit, witnesses reported the couple appeared to be arguing in the car while driving. A witness saw the woman reach over and grab the steering wheel, "and that they lost control and hit the curb." The 2005 Ford Focus then rolled, ejecting the man and his wife from the car. The woman died at the scene.

Police reported that the man admitted to drinking a 12-ounce beer and a shot of liquor but denied police a blood sample for a BAC test. After the police obtained a warrant for a blood sample, testing revealed a BAC of.162, more than twice the legal limit of.8 percent. The man pled guilty to intoxication manslaughter in January of 2023.

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 Posted on May 05, 2023 in DUI/DWI

When you're facing a DWI charge, it's already a stressful situation. You're undoubtedly concerned about whether you could end up serving jail time, lose your driver's license, or pay hefty fines. But on top of that, a DWI can affect your professional career, especially if you hold a trusted position in the community, like a teacher. That's what an 8th-grade teacher from Houston ISD discovered recently.

Teacher's DWI Arrest in Harris County

Police arrested the teacher, an employee of Patrick Henry Middle School, in March of 2023 when they found him allegedly passed out behind the wheel of his car in the 22300 block of Hildebrandt Road. According to law enforcement officials, he was asleep behind the wheel of his car and stopped in a lane of moving traffic. Police reported that he showed signs of intoxication when he woke up, and they performed standard field sobriety tests.

In a statement to ABC13, HISD said, "The employee is still employed with the district. The district receives notification and follows standard procedures for reviewing and addressing any case of an employee's arrest." This was the man's third DWI charge. He was already out on bond related to two previous DWI charges from 2019 and 2022.

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 Posted on May 05, 2023 in DUI/DWI

As a religious leader in the community, you undoubtedly face a great deal of pressure. Not just to hold your congregation together and give religious guidance but also to act as a pillar of the community. We hold our religious leaders like pastors, priests, and rabbis to impossibly high standards. Clergy make mistakes too. But if you make the mistake of driving after you've had too much to drink, you could face serious consequences beyond potential jail time and fines.

Fortunately, you don't have to handle a DWI charge on your own. With an expert in DWI Defense by your side, like attorney Doug Murphy, you'll have a better chance for a successful outcome. If you receive a conviction, a DWI can impact your professional future as a religious leader and devastate your reputation in the community. That's what the leader of a prominent Texas Baptist church recently discovered.

Texas Baptist Pastor Resigns

The lead teaching pastor at a prominent North Texas Baptist church resigned in March after a DWI arrest. The following week the church's elder board emailed a statement to the congregation noting that the pastor had resigned effective immediately and reporting, "We assure you that Drew was not fired and that no improprieties have occurred at TABC."

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 Posted on May 05, 2023 in DUI/DWI

We've all seen street racing in the movies and on TV. A woman stands in the middle of the street, waves a scarf or flag, and the two studs in their souped-up cars burn rubber at top speed. But while this may look romantic and exciting in the movies, it can put pedestrians and other cars on the road in danger.

Street Racing in Texas

But after the COVID-19 pandemic, more people are taking to public streets to race their cars. Street takeovers and street races are happening more frequently in Texas and states across the U.S. Street "takeovers" involve cars coordinating to block off public intersections while cars do tricks like donuts, drifting, or ghost riding, where a driver jumps out of the car to dance or perform alongside a moving vehicle.

In mid-January of this year, a TikTok video of a street takeover in San Antonio went viral. Police reported that the takeover resulted in a four-vehicle crash and a shooting. To keep the streets safe, police are cracking down on enforcing street racing laws. Moreover, if you're arrested during a street racing or takeover incident and have been drinking, you could face additional charges for DWI. If that happens, attorney Doug Murphy is an expert in DWI Defense and Criminal Defense Law, and he can help. Call the Murphy & McKinney Law Firm, P.C. at 713-229-8333">713-229-8333.

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 Posted on May 05, 2023 in DUI/DWI

We all make mistakes. Sometimes that can include drinking too much and realizing you shouldn't drive. For example, you head out to dinner with friends and have a few beers or glasses of wine. But when you head home, you realize you may not be in the best shape to drive. So, maybe you pull over to the side of the road and decide to sleep it off before continuing home. Or maybe you head out to the parking lot, put the keys in the ignition to turn on the radio, close your eyes, and nap.

If the police show up and decide that you are intoxicated, but you weren't actually driving, can they still arrest you? Unfortunately, they may charge you with DWI. The good news is that an expert in DWI Defense, like Attorney Doug Murphy, may be able to negotiate with the prosecutor or use it in your defense.

What is a DWI in Texas?

You can face a charge for a DWI in Texas if you are "operating a motor vehicle" in a public location while intoxicated. Unfortunately, the Texas statute isn't as clear-cut as it seems. "Intoxicated" in our state isn't always black and white. You're considered "intoxicated" if:

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 Posted on April 04, 2023 in DUI/DWI

If you're facing a DWI charge, it's always a stressful situation. You're undoubtedly worried about the possible consequences of a criminal conviction and how it might interfere with your life. But if you hold a public office, have a high-profile job, or are well-known in your community, a criminal DWI charge can have serious consequences beyond potential jail time and fines. After a recent arrest, a Texas councilman discovered that the impact of body cam footage from a DWI arrest could go beyond the courtroom.

Body Camera Footage as Evidence

On November 6, 2022, San Antonio police arrested a local councilman after he allegedly crashed his Jeep Wrangler into a Honda Civic at Jones Maltsberger and Redland. Police charged him with DWI and fleeing the scene of a crash after he drove home, and police found him in his front yard. Police reported the councilman had difficulty standing and was slurring his words. News reports indicated that the councilman was on his way home from a bar, reportedly consuming 14 drinks within a few hours. He then drove to Bill Miller Bar-B-Q, where he engaged in some erratic behavior. Police are currently investigating the bar for overserving.

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 Posted on April 04, 2023 in DUI/DWI

The consequences can be serious if you're facing a DWI in Texas. But if someone dies as a result, the penalties can be even more severe. We don't typically anticipate a pedestrian running across a highway in front of us, especially at night, but it does happen. Unfortunately, if you've been drinking, alcohol can slow your reaction time and make it harder to respond quickly to obstacles in your path while driving, including pedestrians. That's what led to tragedy on the Gulf Freeway in February.

On February 20, 2023, a pedestrian died after being struck by a car while trying to cross the Gulf Freeway around midnight. A white Nissan struck the man, flipping him over the hood. A second car then struck the man. Paramedics declared the pedestrian dead at the scene. Police reported that the driver of the white Nissan showed signs of intoxication and took him into custody.

DWI Conviction in Texas

A first DWI in Texas is typically a Class B misdemeanor. A conviction is punishable by up to 180 days in jail, a $3,000 fine, license suspension, and a mandatory administrative fine of $3,000. However, if someone dies in a crash related to your DWI, you could face more serious charges.

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 Posted on April 04, 2023 in DUI/DWI

Facing a DWI can be a scary situation because it's hard to know what will happen next and the consequences you could face. But for a police officer or other first responders, an arrest for a DWI could end a career. That's what a Dallas police officer recently discovered. In February, the Dallas police arrested an off-duty Dallas police officer on suspicion of DWI. She's now on administrative leave pending an internal affairs investigation.The consequences of a DWI can be even more serious when your job is on the line. That's why it's essential you remember that you are innocent until proven guilty. You need an expert in DWI law to ensure the best possible chance of successfully resolving your case. Attorney Doug Murphy is an expert in DWI defense and can help you. Call the Murphy & McKinney Law Firm, P.C. at 713-229-8333">713-229-8333 or contact them online to schedule your consultation.

Consequences of a DWI Conviction

Police officers and other first responders aren't supposed to receive special treatment when arrested, so you'll likely face the same process and consequences as anyone else arrested for a DWI. But you may also face consequences to your career due to your arrest.

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 Posted on April 04, 2023 in DUI/DWI

We all know that bad things can result from driving while intoxicated. If intoxicated, we know we should hand over the keys to someone else or use Uber or a cab. But if a DWI crash does happen, what happens if the driver was obviously intoxicated, and a bar or restaurant continued to serve them alcohol? In this situation, a bar, bartender, or restaurant that continues to serve someone who is intoxicated can face legal liability for overserving a customer. That's what happened recently to a Lake Worth bartender.

DWI Crash in Lake Worth

On November 27, 2021, a customer in a Lake Worth taco shop was involved in a crash that killed a Euless police detective. The man ran a red light and hit the off-duty detective's vehicle, killing the detective and critically injuring his wife and two children. The man's blood alcohol level was twice the legal limit of.08%, and he had THC in his system. But the bartender who served the man in the taco shop is also facing charges. Police say she overserved the DWI driver, and her license to serve alcohol expired then. She is facing a charge of "sale to certain persons."

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 Posted on April 04, 2023 in DUI/DWI

If you're facing DWI charges, it can be stressful and frightening. But if you're also facing additional charges for illegally carrying a firearm, the consequences can be even more serious. That's what a Lorena woman recently discovered. Police arrested the woman for DWI and, while in the back seat of the police car, allegedly stashed a handgun she had on her after divesting herself of the handcuffs and waist chain she was wearing during the ride to prison.

Judge Susan Kelly of Waco's 54th State District Court recently sentenced the 55-year-old woman to eight years in prison for two counts of felony DWI and one count of tampering with evidence. As part of a plea deal, the prosecutor dismissed a charge for burglary of a habitation, alleging she broke into a friend's home after he died in March of 2022.

DWI Charges in Texas

While the consequences of a DWI conviction alone can be serious, the penalties can be even more severe if you're also arrested for gun charges simultaneously. A first DWI in Texas is typically a Class B misdemeanor. A conviction is punishable by up to 180 days in jail, a $3,000 fine, suspension of your driver's license, and additional mandatory administrative fines of $3,000. You could face additional jail time and heftier fines if there are aggravating circumstances.

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