Posted on October 10, 2022 in Uncategorized

The Problem of a Second or Subsequent DWI

Most drivers know that second, third, fourth, or subsequent DWIs generally bring progressively stiffer penalties. Those stiffer penalties should make sense: if a drunk driver doesn't learn the lesson after a first DWI, the stiffer penalties of subsequent DWIs should bring home the lesson. Progressively stiffer penalties are the law in Texas as elsewhere. But what happens if the first DWI or DUI was in another state other than Texas? Would Texas treat its own DWI charge as the first, or would it count the DWI or DUI in the other state so that the Texas DWI charge would become the second or subsequent? The short answer is that generally, a DWI or DUI conviction in another state can serve to exchange for the DWI charge in Texas. That general rule, however, doesn't mean an automatic second or subsequent DWI conviction. Your defenses of a second or subsequent DWI are generally just as good as if the charge was for your first DWI. That means that you should defend and defeat the new DWI charge for your best possible outcome. If you face a Texas DWI charge after already facing DWI or DUI charges in another state, retain DWI Specialist attorney Doug Murphy to ensure your best possible outcome. Defend and defeat the subsequent charge to avoid enhanced penalties.

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 Posted on October 10, 2022 in Uncategorized

Rising Marijuana and Alcohol Use Leads to DWI Charges

Therapeutic and recreational use of marijuana, whether smoked, chewed as gummies, or otherwise consumed, is clearly on the rise nationally and across Texas. Texas hasn't joined the many states legalizing marijuana for recreational use, only for very limited therapeutic use. But some jurisdictions across Texas aren't enforcing laws criminalizing marijuana use. And legal or not, marijuana use remains on the rise. Indeed, marijuana is readily available at some Texas clubs or other party locations, right along with alcohol. The availability of both marijuana and alcohol raises an important question: what double-whammy DWI charge could you face for driving after smoking marijuana and drinking alcohol? The answer is the same DWI charge you'd face for either smoking marijuana or drinking alcohol and driving. Doing both, smoking pot and drinking alcohol, may just make the Texas DWI charge harder to defend and easier to prove. If you face a Texas DWI charge alleging both alcohol and marijuana use, retain DWI Specialist attorney Doug Murphy for your best defense. Get the help you need to defend and defeat the charge.

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 Posted on October 10, 2022 in Uncategorized

Domestic violence is a serious problem in Texas and across the country. According to the Texas Department of Public Safety, there were nearly 200,000 domestic violence incidents in the state in 2011, involving more than 194,000 domestic violence offenders. According to a study by the University of Texas at Austin, 37.7% of Texas women and 26.8% of Texas men have experienced intimate partner violence. At the same time, police estimate that victims report fewer than 50% of all domestic violence incidents. Domestic violence is a widespread problem that harms families and children. But if you're facing accusations of domestic violence and want help understanding your impulses and holding yourself accountable, there are many options in the Houston area.

You should also seek legal guidance to ensure that an expert in criminal defense law is also protecting your rights. Charges for domestic assault include both misdemeanors and felonies, with, in some cases, ten to 20 years in prison. Texas law limits alternatives to jail or prison time for domestic violence convictions. However, a deferred adjudication may be possible for a first conviction if the judge believes it's in the victim's best interests.

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 Posted on October 10, 2022 in Uncategorized

When we go out in the evening, whether to a restaurant or a club, we never expect it to end in an altercation. But sometimes, it happens. In fact, arecent shooting outside a Houston nightclub ended with one person dead and two injured. But while we tend to hear about only the most serious crimes that happen at nightclubs in the Houston area, homicides aren't the most common nightclub crimes. Those who regularly attend nightclubs arethree times more likely to become the victims of violent crimes, including robberies, assaults, and sexual assault.

Houston Nightclub Shooting

TheHouston nightclub shooting happened outside Heart Nightclub on Washington Avenue just after 2 am on Monday, August 15, 2022. Police reported that the shooting resulted from a dispute between two men over a woman. An off-duty police officer working a side job was the first to hear the shots. The first victim, a 33-year-old man, died at the scene. Two other men, ages 36 and 37, were shot in the arm and leg, respectively. They were taken to the hospital and are in good condition.

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 Posted on October 10, 2022 in Uncategorized

Drivers facing a Texas DWI charge usually first think of their freedom, hoping to avoid any jail time. They may next think of their finances, hoping to avoid stiff monetary fines and penalties. But DWI charges and convictions can bring other serious collateral consequences, including affecting a job, career, professional or business license, and even child custody, among other things. One of those other concerns is your ability to travel. Make no mistake: a DWI charge or conviction can affect your ability to travel. Don't underestimate or ignore the potential impacts of a DWI charge, especially if your ability to travel around the United States or abroad is important to you, your job, or your family. If you face a Texas DWI charge, retain DWI Specialist attorney Doug Murphy for your winning defense.

Restrictions on Driving Privileges

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 Posted on October 10, 2022 in Uncategorized

Beware Rules of Thumb for Alcohol Absorption

So, you've had some alcohol to drink at the bar or party. Does waiting it out before driving home make any sense? You'll hear the rules of thumb for how quickly a body absorbs and dissipates alcohol. Those guidelines include things like "wait one hour per drink" or "wait four hours after the last drink before driving." But rules of thumb are, at best, a very rough guide. In any one case, those guides can be grossly inaccurate. Think of all you have riding on a DWI charge, things like your freedom and finances, not to mention collateral consequences like your job or business, career, child custody, and reputation. Do you really want to risk a DWI charge by following a rough guide? Determining an accurate blood alcohol content is problematic even with decent equipment, so don't trust a rough rule of thumb. The better approach is not to rely on rough guides or rules of thumb if you think any possibility exists that you may have imbibed over the legal limit. If you face a Texas DWI charge, retain DWI Specialist attorney Doug Murphy for your aggressive and effective defense.

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 Posted on September 09, 2022 in Uncategorized

Every year brings another one of these unfortunate stories of a college athlete's DWI charge suddenly placing the athlete's school scholarship and sports future at risk. A recent story broke about a star Texas A&M Aggies wide receiver suffering arrest on DWI, weapons, and marijuana possession charges. The unfortunate story ran not just in local but also state and national press. The arrest occurred in the middle of a weeknight after police stopped the athlete driver for allegedly speeding. A field sobriety test ensued, leading to the DWI arrest. A vehicle search allegedly turned up a loaded firearm and a small amount of marijuana, resulting in the additional charges.

Immediate Impacts of College Athlete DWI Arrest

The arrest and charge of the Aggies wide receiver, entering his senior season as a team captain and the team's leading receiver the prior season, may well have placed his pro sports future at stake. The press reports indicated his prompt suspension from the school's team, as Texas A&M policies required. The Aggies wide receiver also missed his team's press day leading up to his senior season, while the team's head coach and other officials looked into the matter. While the athlete was his team's leading receiver the prior season, he doubtless had a lot yet to prove in his senior season. Otherwise, he would not have returned for his senior season and would instead have entered the NFL, like one of his Aggies receiver teammates did. As long as the unfortunate athlete remained on suspension with his DWI charge pending, he could not improve his receiving skills on the team and gain the greater notoriety he sought for a pro career. A DWI arrest can quickly put a pro career on hold and at risk.

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 Posted on September 09, 2022 in Uncategorized

It's never a good time to face an arrest for driving while intoxicated. But if you're currently going through a divorce, particularly if child custody is an issue, this can be a frightening time. It is unfortunately common for good folks be be arrested for a first time DWI with a pending divorce. In addition to court-imposed penalties, you could also lose your driver's license or job. But most importantly, a conviction for DWI could affect your child custody and visitation. That's why it's important to hire an attorney who is a DWI expert in DWI cases like Doug Murphy.

Legal Penalties for DWI

A first DWI conviction in Texas is a Class B misdemeanor. You could receive up to 180 days in jail and court-imposed fines of up to $2,000. If convicted, you will also face mandatory administrative fines of $3,000 for the first DWI conviction in 36 months. The court has no control power to lower these mandatory administrative fines.

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 Posted on September 09, 2022 in Uncategorized

A recent Texas Observer press report recounts just how bad Houston's Forensic Science Center once was for the criminally accused, including motor vehicle drivers charged with a Harris County DWI in Houston. According to the report, local and national media stories labeled the Center the country's worst. The report attributes the Center's former reputation not just to its decrepit facility but to the many wrongful convictions due to the biased or incompetent work of the Center's under-qualified staff, who even lied about their credentials. That's not a pretty picture for the criminally accused, including DWI defendants whose fingerprints, blood, DNA, and other physical evidence the Center collected, analyzed, stored, and produced as prosecution evidence.

Critical Reform of Houston DWI Evidence Procedures

The Texas Observer's press report, though, isn't about the Houston Forensic Science Center's appalling past. The report is instead about the Center's much better present. The Center's badly needed overhaul began in 2014 with cleaving the Center from Houston's police department. When the police control the forensics, prosecution bias is too great a risk. City officials who fund and oversee the Center put the newly independent Center under its own governing board. Refreshingly, that board includes advocates for the criminally accused. The board promptly hired a forensic scientist to lead the Center and to staff it with other qualified scientists. According to the report, the Center now boasts 212 qualified staff members. The press report calls the formerly tarnished but now-reformed Center a national leader, which indicates how deep the reforms went and how well the reforms may have worked.

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 Posted on September 09, 2022 in Uncategorized

The problem leading to a DWI arrest isn't just the fateful "one for the road." The problem can instead be just one drink. One drink isn't always enough to make the driver legally intoxicated under Texas DWI laws. One drink may not raise the driver's blood alcohol above the legal.08% limit (.04% for commercial drivers). But under certain circumstances, one drink can still be enough for a drunk driving charge and even for a drunk driving conviction. Don't mistakenly assume that a one-drink rule is good for you or good for a friend or anyone else who desires to drive after the drink. Just one drink can, in some circumstances, be one drink too many. If you face a Texas DWI charge after having had just one drink, retain DWI Specialist attorney Doug Murphy for your aggressive and effective defense.

Misconceptions over Breathalyzer and Blood Test Results

Drivers tend to hold several common misconceptions about Texas DWI laws. One of those misconceptions has to do with breathalyzer and blood test results. It's true that Texas DWI laws set certain legal limits to blood alcohol concentration (BAC) levels when operating a motor vehicle. But just because you blow a.08 in a portable breath test (PBT) doesn't mean you will avoid all charges. On the contrary, police may stop and arrest you on suspicion of a DWI violation when they have probable cause to believe that you lack normal use of your physical or mental faculties due to consumption of drugs or alcohol. Officers may draw that probable cause from your erratic operation of your motor vehicle or, after a lawful stop for speeding or other violations, from open containers or your appearance and behavior, even from a field sobriety test. Indeed, the portable breath test comes only after the stop, generally after the officer observes other DWI evidence. And whether you pass or fail the portable breath test, it won't be the admissible evidence. Police will generally only use it to get a more-reliable blood alcohol test.

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