Posted on January 01,2023 in Uncategorized

If you're facing criminal charges in Texas and federal courts, you're undoubtedly worried about what might happen. Can you go to trial in two courts for the same crime? Can you hire the same lawyer for both? You can face both federal and state charges for the same crime in Texas. But you'll need a lawyer who is an expert in criminal defense, with extensive experience in both federal and state court by your side.

Federal Versus State Jurisdiction

Whether you face state or federal criminal charges largely depends on the statute you've allegedly violated. In Texas, the state penal code defines criminal conduct. It includes many "state crimes," such as murder, sexual assault, driving while intoxicated, or assault. These crimes are typically prosecuted solely by the state of Texas and investigated by state or local police and sheriff departments. The state handles most of the criminal cases in Texas.

But the United States Code also defines criminal conduct and actions that violate federal law. Some examples of federal crimes include:

Continue Reading ››

 Posted on December 12,2022 in Uncategorized

We don't often think about police officers, firefighters, and other first responders being pulled over by the police, but it happens. A drink or two with dinner, a night out at the bar watching basketball, a weekend at the lake, or even just date night can result in the police pulling over another law enforcement officer or first responder for a suspected DWI.

If you're a first responder facing a DWI, it's important to remember that you are innocent until proven guilty, no matter how many people you may have arrested yourself. A DWI arrest does not mean a court will convict you. But if you're a first responder, it's important to be aware of the possible consequences of a DWI conviction, not just potential prison time or fines. A DWI conviction could affect your career. That's why you must retain an expert in DWI defense as soon as possible. A skilled attorney like Doug Murphy by your side can guide your case to the best possible resolution.

What Is a DWI?

Continue Reading ››

 Posted on December 12,2022 in Uncategorized

We hear a lot about self-driving cars and how they're the wave of the future. Whether it's Waymo or Uber, we'll start seeing these cars popping up all over Houston in the years to come. Self-driving cars, also known as driverless cars, drive autonomously with little human intervention. This differs from an autopilot system, like those found in some Tesla car models, that enhance safety but still requires a fully attentive driver with their hands on the wheel.

There are advantages to a self-driving car, from relieving driver fatigue to ensuring that cars follow all the traffic laws. More than 80% of traffic accidents are the result of driver error. Driverless cars could make driving safer and more fuel efficient. It seems obvious that self-driving cars could also reduce drunk driving if intoxicated riders let the cars take the wheel. But could you still end up with a DWI in a driverless car in Texas? While the law doesn't directly address self-driving cars, it might not be legal.

Continue Reading ››

 Posted on December 12,2022 in Uncategorized

Facing a DWI arrest in Houston can be frightening. You may be worried about possible jail time, losing your license, or whether this can affect your career. But it's important to remember that you are innocent until proven guilty. Moreover, even if a court does convict you, you're human. We all make mistakes. If we learn from our errors and strive to improve, we can move forward without looking back. But if we fail to learn from our mistakes, the consequences can be serious. That's what a Midland man recently discovered after his seventh DWI arrest.

A Conviction for a Seventh DWI

Midland police stopped the man for driving erratically on Loop 250. The Midland Police Department reported that he refused to participate in field sobriety tests or submit to a breathalyzer test. But he freely admitted that he was "highly intoxicated." The police also found "numerous" bottles of alcohol in his car.

On September 30, 2022, the Midland County District Attorney, Laura Nodolf, announced that a jury convicted him and sentenced him to 25 years in prison. This was the Midland man's seventh conviction for DWI, and he won't be eligible for parole until he's served at least one-quarter of his sentence.

Continue Reading ››

 Posted on December 12,2022 in Uncategorized

If you're facing a drug DWI for marijuana intoxication, you probably have many questions. Aside from worrying about the possible consequences of a DWI conviction, you may be questioning exactly how a marijuana DWI prosecution works. After all, a stop for a suspected DWI with marijuana isn't the same as one for alcohol. But don't worry. An experienced Texas DWI attorney like Doug Murphy can help answer all your questions and guide your case to the best possible resolution.

What is a DWI and How Does Marijuana Fit In?

In some states, DWI laws specifically apply solely to people with a high blood alcohol concentration. But Texas's DWI law is broader. Under Texas's law, you are "intoxicated" if you:

[Don't have] 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; or having an alcohol concentration of 0.08 or more.

Continue Reading ››

 Posted on December 12,2022 in Uncategorized

Why DWI Defendants Ask About Chances

Here's what every DWI defendant wants to know: what are my chances of winning or losing on the charge? It's a good question. DWI defendants are right to focus on the outcome. DWI defendants generally know or soon learn that they can have a lot riding on a DWI case. A first DWI conviction can bring jail time up to 180 days, a $3,000 fine, and loss of driving privileges. Aggravating factors like a minor child in the vehicle, blood alcohol of.15 or above, or injuries to or death of vehicle occupants or pedestrians can increase the penalties to up to twenty years in prison and a $10,000 fine. DWI convictions of any kind can also bring collateral consequences like job loss, loss of professional licenses or certifications, loss of security clearances and gun permits, and even deportation if you are in the U.S. on a visa or undocumented. So it's natural that DWI defendants want to know their chances. If a DWI defendant stands no chance of avoiding conviction, then what difference does a defense make?

Continue Reading ››

 Posted on December 12,2022 in Uncategorized

A recent news story reports fifty-nine DWI-related arrests made in two weekend enforcement initiatives around the Austin City Limit Music Festival. Austin's Zilker Park hosts the popular annual festival over two three-day weekends. So the Austin Police Department coordinated with the Texas Department of Transportation to conduct a DWI Enforcement and No Refusal Initiative over both Festival weekends. Although word of the first weekend's twenty-eight DWI-related arrests surely got around, the second weekend produced even more, another thirty-one, arrests. Music festivals are supposed to be a rollicking good time. The Houston area offers its own great music fun, like Eleanor Tinsley Park's We Are One Music + Arts Festival. No one goes to a music festival just to endure a DWI arrest. But the rules of the road apply even around music festivals. And the agencies conducting the ACL Music Festival DWI enforcement initiative were quick to point out that safe driving without DWI crashes preserves the fun.

Continue Reading ››

 Posted on November 11,2022 in Uncategorized

If you're a regular or occasional user of cannabidiol (CBD) products, you're no doubt concerned about whether using CBD can lead to an unintentional DWI if a police officer mistakes CBD for marijuana or THC. If you're facing an arrest for a DWI while under the influence of CBD or THC, you're no doubt concerned about defending yourself from the charges. Texas has some of the toughest marijuana laws in the country, where using a marijuana vape or gummy can lead to felony charges. As a result, it's a good idea to make sure you understand the Texas laws on using CBD and Texas laws regarding driving while intoxicated.

While CBD products aren't necessarily illegal, if the police believe you are impaired to intoxication in Texas, you could still face a DWI arrest. Moreover, if the amount of THC advertised on your CBD product is incorrect, you could face drug charges. If you're arrested for a DWI or a DWI and drug charges, you should hire an experienced Texas attorney who is an expert in both criminal law and DWI defense.

Continue Reading ››

 Posted on November 11,2022 in Uncategorized

Facing an arrest is always frightening. The threat of possible jail time, fines, and damage to your reputation is anxiety-inducing. But if you have joint custody of your children after a separation or divorce, your biggest concern may be what can happen to your custody arrangements. Can you lose custody or visitation? Even if your split was amicable and you and your ex can co-parent without conflict, an arrest, particularly for a serious charge, could throw that into jeopardy. That's why your first step after an arrest should be to hire an expert in criminal defense law to ensure you have the best possible outcome in your case and to discuss the possible effects on your child custody arrangements.

Custody Decisions in Texas

Texas courts typically divide custody decisions into two categories, conservatorship and "possession and access."

1. Conservatorship

Conservatorship refers to who has the right to make major decisions for a child, including medical, educational, and religious decisions. The parents often share these decisions in a joint managing conservatorship. In others, one parent may make all the decisions in a sole managing conservatorship. In determining whether one or both parents make decisions for a child, the court will decide what is in the "best interests of the child." While a joint conservatorship is typical, the court may not choose a joint conservatorship if one parent has a history of abuse or neglect, family violence, alcohol or drug abuse, or abandonment.

Continue Reading ››

 Posted on November 11,2022 in Uncategorized

Blackouts after drinking alcohol are a medically well-documented and publicly pretty well-known phenomenon. People don't always remember where, when, and how much they drink. What isn't always so clear to a DWI defendant is the consequence of a blackout. What happens if you've suffered a DWI arrest and charge, but you don't remember drinking? Does the defendant who has no recollection of having had anything to drink before a DWI arrest have a better chance of beating the charge? Wish it were that simple. Just because you can't remember drinking doesn't mean that you'll surely beat the charge. Loss of memory is not generally a helpful factor. That a blackout may be your DWI defense is another DWI misconception. But that doesn't mean that you'll lose the DWI charge. You may have other defenses related or unrelated to your loss of memory. Retain Texas DWI Specialist attorney Doug Murphy for the best outcome on your DWI charge, even if you can't remember drinking.

Continue Reading ››