Posted on February 02, 2023 in Uncategorized

You may know that Texas's penalties for a DWI conviction can be steep. But what happens if the police also charge you with a serious traffic violation like running a red light or reckless driving? Can this increase your fines or jail time if the court convicts you of the DWI? In this article, we'll discuss some of the most common questions our clients have when arrested for DWI, along with serious traffic infractions.

Driving While Intoxicated in Texas

You may face a charge for DWI in Texas if you are driving in a public place while intoxicated. However, the Texas definition of "intoxicated" can be broad. You may be "intoxicated" under our penal code if:

• Your blood alcohol content is.08% or higher,.04% or higher if you hold a commercial driver's license, or
• If you no longer have the normal use of your mental or physical faculties.

So, the police can arrest you for DWI even if your BAC is below the legal limit if they believe you don't have the normal use of your faculties. This is a subjective determination of whether you are intoxicated.

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 Posted on February 02, 2023 in Uncategorized

Video is everywhere these days. Many cars have cameras, and we walk and drive past dozens of traffic cameras daily. Businesses and homes have security cameras outside and inside. And nearly every person we encounter every day has a video camera in the cell phone they carry. So, if you're arrested for a DWI, you're undoubtedly wondering what kind of video evidence might pop up in your case. And is it admissible in your trial?

When is Evidence Admitted in DWI Cases?

For evidence to be admissible in a Texas DWI case under the Texas Rules of Evidence, it must be relevant, material, authentic, and not privileged.

• Relevant: Evidence is relevant if it may make a fact of consequence to the case more or less probable than it would be without the evidence.
• Material: Evidence is material if it relates to the issues the court is deciding in your case.
• Authentic: Evidence is authentic if it is genuine and real rather than fake or forged. Often, an attorney will authenticate video evidence through the testimony of a person with knowledge of the evidence.

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 Posted on February 02, 2023 in Uncategorized

The laws surrounding the purchase and use of marijuana are changing rapidly across the country. Recreational use of marijuana is now legal in 21 states, with medical marijuana legal in 37 states--but not in Texas. If you're using medical marijuana or purchasing weed legally in another state and bringing it home to Texas, you may be tempted to share it. After all, if you've purchased it legally, why can't you sell it to someone else? But marijuana isn't legal in Texas for the public, and medical marijuana is only available to those under a doctor's supervision and with a proper prescription. So, it's best to know and understand Texas laws before you bring marijuana back from another state or share your legally obtained medical marijuana.

Texas Marijuana Laws

The recreational use of marijuana or THC is illegal in Texas, and our state has some of the most serious penalties in the country for the use and distribution of marijuana in sometimes unexpected ways. For example, while possession of four ounces or less of marijuana is a misdemeanor, possession of a THC vape cartridge is a felony in Texas. Texas law also treats marijuana you purchase legally in another state just like illegal marijuana in our state. You won't receive an exception or exemption because you purchased weed legally elsewhere and brought it to Texas.

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 Posted on January 01, 2023 in Uncategorized

So, you're facing a charge for driving while intoxicated in Houston. It happens to many people after a few drinks with dinner or out at the game. But maybe you're sure that you weren't intoxicated, and the BAC test the police gave you is just wrong. What if your absorption rate for alcohol is lower than most people's? Can you use this as a defense for a DWI in Texas?

What is Driving While Intoxicated in Texas?

You can get arrested for DWI in Texas even if your blood alcohol content is below the.08% legal limit. Under Texas law, the definition of "intoxicated" extends beyond just your BAC. The Texas statute states that someone is intoxicated if they:

• Not having the normal use of either your 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.

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 Posted on January 01, 2023 in Uncategorized

You undoubtedly have many questions if you're facing a charge for driving while intoxicated on federal lands in Texas. How is this different from a state DWI? Is it more serious? In many states, federal DWI or DUI law is stricter than state law. That's not necessarily true in Texas, where strict DWI laws exist. But even if you're facing a DWI on federal lands, an expert in Texas DWI can help.

Texas DWI Law

Under Texas law, you can face DWI charges even when your blood alcohol content is below.o8%, which is the legal limit. That's because Texas defines someone as "intoxicated" if they:

• 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; or having an alcohol concentration of 0.08 or more.

Tex. Penal Code § 49.01 (2001). So, you can face DWI charges if you were operating a motor vehicle in public, and you have a BAC over.08%, or you don't have the normal use of your mental or physical faculties.

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 Posted on January 01, 2023 in Uncategorized

In the age of all things digital, you may have seen dozens of arrests posted online. The viral recording of George Floyd's death in Missouri in 2020 led to mass protests across the country and put police actions under a microscope in many states in the U.S. Since then, arrest videos from bystanders and the subjects of the arrest themselves have proliferated across social media. At the same time, more law enforcement officers must now wear body cameras or use dashboard cameras during interactions with the public, stops, and arrests. But what if you want to record your own interactions with the police in Texas? Can you record your arrest with your cell phone?

Can You Record Your Arrest?

The Supreme Court has never directly ruled on whether you have the right to record the police on your cell phone. But many federal appellate courts have held that you have a First Amendment right to record police officers in public places. Even in states requiring two-party consent for audio recordings, courts have held that police officers don't have any expectation of privacy during a traffic stop, and you don't need their consent to record them. Recording the police is not a violation of wiretapping statutes that restrict when you can record audio of another person without consent. If you are on private property, the property owner may be able to set rules about recording others. But under Texas law, you only need one party's consent to record.

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 Posted on January 01, 2023 in Uncategorized

Understanding state and federal laws about carrying a gun can be tricky. Gun laws vary from state to state, and while Texas has gun-owner-friendly legislation, knowing where you can carry a gun and whether and when you need a license can be challenging. That's why we're answering some of the most common questions we hear from our clients about Texas gun laws.

Who Can Carry a Gun in Texas?

On September 21, 2021, Texas enacted new legislation making it easier to carry a gun. If you qualify, you can carry a gun in a public place without a license to carry it, as long as you carry it in a holster. You may qualify to carry a gun under Texas state law if:

• You are at least 21,
• You don't have any prior felony firearms convictions,
• You don't have any recent convictions for certain misdemeanors for carrying an unlawful weapon or unlawful possession of a firearm,
• You don't have an unexpired protective order in place against you,
• You aren't restricted from possessing a firearm because of prior federal firearms charge under 18 U.S.C. § 922(g), and

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 Posted on January 01, 2023 in Uncategorized

The internet can seem like the Wild West sometimes. People often do and say whatever they want and seem nearly anonymous. But your actions online can come back to haunt you, particularly if some of your online activity is legal. Some of the most common legal troubles people run into online include:

• Making online threats
• Illegal searches
• Revenge porn
• Hate speech
• Illegal activity

But if you do run afoul of the law for your online endeavors, it's important to remember that you are innocent until proven guilty, just like you are for any charged criminal offense. With the help of an expert in Texas criminal defense law, you'll have the best possible chance of a positive outcome.

Making Online Threats and Stalking

Texas's Electronic Communications Act of 2001 makes it illegal to stalk, harass, abuse, or threaten others online. Crimes could include actions like:

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 Posted on January 01, 2023 in Uncategorized

Getting arrested is always a scary prospect. It can be humiliating, frightening, and overwhelming all at the same time. It's hard to know what to do and what to expect, but at least you can usually handle it privately while going about your regular life. However, if you're arrested at work, your arrest suddenly becomes a public spectacle in front of your colleagues, boss, and maybe even people who work for you. In this stressful time, it's important to remember that you are innocent until proven guilty, and your arrest does not mean a court will convict you. You need an expert in Texas criminal defense to protect your rights and guide your case to the best possible resolution.

What Happens After an Arrest?

After the police take you into custody, they'll take you to a police station or central processing station. You do not have to answer their questions beyond basic information about yourself. In fact, you should ask for an attorney before you speak to the police. After booking, you'll face the following:

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 Posted on January 01, 2023 in Uncategorized

Cybercrime is increasingly common in the U.S. and Texas, targeting businesses and individuals across the state. Internet crimes cost Americans more than $6.9 billion in 2021 and cost the state of Texas hundreds of millions each year. According to the Texas Comptroller, Texas victims reported $117 million in internet crime losses in 2017. And those are just the crimes reported to law enforcement agencies. As a result, Texas and federal law enforcement agencies treat online crimes harshly and target them for aggressive enforcement.

If you're accused of a Texas cybercrime, it can be frightening, with the possibility of severe penalties looming over your head. But if you live outside of Texas, the arrest can be even more stressful. Whether you're solely facing state cybercrime charges or also facing federal internet crime charges in Texas, it's important to remember that you are innocent until proven guilty. But you do need an experienced Texas criminal defense attorney well-versed in handling both federal and state cybercrime charges. An expert in criminal defense law like attorney Doug Murphy can help.

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