Posted on August 08,2021 in Uncategorized

If you're facing a charge for driving under the influence (DUI) or driving while intoxicated (DWI) in another state, you may think it's a relief that the arrest didn't happen in Texas. Texas treats DWI convictions seriously, with serious penalties and consequences to your driving record. But don't breathe a sigh of relief yet. Texas and 44 other states belong to the Driver License Compact Commission to ensure that drivers convicted of DUI or DWI in other states will still face the consequences at home. While penalties for DUI vary widely across the country, if a state belonging to the Interstate Compact convicts you of DUI, you will still face serious consequences in Texas.

The Interstate Compact

Texas has been a member of the Interstate Compact since 1993. Under the Interstate Compact, Texas treats an out-of-state DWI offense by one of its licensed drivers as if the offense and conviction happened in Texas. Texas could take both criminal and administrative action against you, including:

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 Posted on August 08,2021 in Uncategorized

For many people, one or two arrests in a lifetime for DWI is simply a mistake – a tragic miscalculation of the amount you drank at dinner or an error in judgment on the part of the arresting officer. But for some people, multiple DWIs may be a sign of a more serious problem with alcohol or drugs. Even if a person does not have a problem, the perception of the prosecutor and judge will be that their is a serious concern or root problem that needs to be addressed.

A good example of this may be happening in a very public arrest related to a recent crash and DWI arrest involving a former Alamo city commissioner. Police responded to a crash in the 300 block of North 7th Street in Alamo at 3:43 am on May 26, 2021. As the first officer arrived on the scene, he reportedly saw a gray Ford F-150 traveling north away from the scene. The Alamo officer pursued the vehicle while a second officer arrived at the accident scene to help.

The victim of the crash and his passenger reported that he was traveling south when someone hit the front left side of his 2017 Honda Accord and left the scene of the accident without sharing information. An ambulance took the driver and passenger to the hospital. The Honda was reportedly a total loss, with more than $10,000 in damage.

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 Posted on August 08,2021 in Uncategorized

More than 1.35 million people die on U.S. roadways every year, many of them unavoidable accidents. Driving can be dangerous, and it's also one of the top causes of death for many age groups in the U.S., including Texas. According to the National Highway Transportation Safety Administration, Texas has one of the highest rates of DWI-related fatalities, ranking in the top five in the U.S.

But these numbers aren't just statistics. If you're involved in a fatal accident, you may be feeling moral and legal guilt, worry, and depression. These feelings are normal for crash survivors, but they can also be devastating. If you're also facing charges for a DWI and intoxication manslaughter related to the accident, the trauma can be even more serious, as some Texas drivers involved in recent accidents may find. Accidents involving serious bodily injury and/or death is a giant human tragedy for all involved.

Fatal Accident Fallout

In Austin, police are still investigating a fatal accident involving a car striking a pedestrian. Police arrested the 40-year-old man on suspicion of DWI after he allegedly struck a 66-year-old pedestrian with his Chevy Impala. For a first DWI, drivers in Texas can face up to 180 days in jail, license suspension for up to two years, and hefty fines. But if a suspected DWI involves a crash, serious injury, or death, drivers can face aggravated criminal charges. The penalties for intoxication manslaughter, a second-degree felony, can involve two to twenty years in prison and up to a $10,000 fine.

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 Posted on August 08,2021 in Uncategorized

If the police arrest you for a DWI outside of Texas, you may be wondering if this can affect your driving record in Texas and what consequences you might face in your home state. Out-of-state DWI convictions can impact your Texas driver's license, as a Texas mayor recently discovered. The small-town Texas mayor recently made national headlines last month after a DWI arrest led to his resignation. The police upgraded his charge to a felony DWI after discovering he had two previous convictions for DWI, a Texas conviction in 1999 and a Missouri DWI conviction in 2007.

Texas DWI Penalties

In Texas, a first DWI is a Class B misdemeanor, punishable by up to 180 days in jail, a license suspension of up to 180 days, and a $2,000 fine. Additionally, you will face another mandatory $3,000 administrative fine in addition to the fine imposed by the courts. A second DWI is a Class A misdemeanor, punishable by up to 12 months in jail and up to a $6,000 fine, in addition to administrative penalties.

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 Posted on August 08,2021 in Uncategorized

If you're arrested for DWI while driving a rental vehicle, you may have many questions about how damage to a vehicle you've rented can affect your prosecution for DWI. What happens to the vehicle? And will my insurance cover this? After a recent accident on US-59 in Houston, one Texas driver is probably wondering all of these things.

Rental Truck Roll Over

Early in the morning of Monday, May 17, 2021, an Enterprise Rental box truck driver was traveling southbound on Chimney Rock at US-59 when the truck struck a stopped car sitting at the red light at the intersection. The truck then veered off the side of the road and struck a concrete pillar under the freeway, flipping the truck over. The driver reportedly had minor injuries, but thankfully no one was seriously injured. Police took the driver into custody on suspicion of driving while intoxicated.

After the Arrest

If you're arrested for DWI while driving a rented vehicle, the police will probably impound the car or truck. If you have another sober, licensed driver in the car, the police may allow them to drive the car back to the rental company. If they're feeling generous, they may even wait and allow someone from your rental company to come pick up the vehicle. But the police don't have to do this, and they may impound the vehicle anyway. If you need to locate it, you can use FindMyTowedCar.com or call the tow line at 713-308-8580. You can also let your rental company know, and they will track the car down. They will, however, charge you for any impound fees and any damage to the vehicle.

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 Posted on July 07,2021 in Uncategorized

National media recently reported an allegedly drunken driver injuring an off-duty police officer in a vehicle crash. Few drunk-driving incidents make national media. But the injured officer just happens to moonlight as a film actor. And he also just happened to be running for mayor of the town where the crash occurred. Sometimes, truth is more interesting than fiction, real life more interesting than art. The story also illustrates two significant issues that can arise relating to a DWI arrest. One issue has to do with the field sobriety tests on which authorities in the above story charged the driver with a DWI. The other issue has to do with the fact that the injured party was a police officer.

When Should I Expect a Field Sobriety Test?

In the above story, authorities charged the driver with a DWI when she failed field sobriety tests after her discharge from the hospital. Officers use field sobriety tests like walking a line, touching the nose with eyes closed, or balancing on one foot, for evidence of intoxication. Officers having reasonable suspicion to make an investigatory stop will observe the driver as they request license and insurance. If they smell alcohol, hear slurred speech, notice unsteady gaze, or have other indications of intoxication, then they may request a field sobriety test. Expect a request once officers notice something suspicious. You need not comply with a request, but refusing a field sobriety test won't stop your DWI arrest.

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 Posted on July 07,2021 in Uncategorized

A DWI arrest has its own direct impact. Without an aggressive and effective legal defense, a DWI conviction and fines or imprisonment may follow. But DWI arrests can have several other collateral consequences. A DWI arrest can affect security clearances, firearms licenses, legal residency status, professional licenses, and even child custody. A DWI arrest can also affect one's job. Don't take a DWI arrest lightly. Retain Board Certified DWI Specialist Doug Murphy to aggressively assert your DWI defenses and beat your DWI charge.

A Close Call on DWI Effects on Employment

A recent story of a Wichita County commissioner's DWI charge shows the tough call employers face when employees get arrested on DWI charges. The story alleges that the commissioner appeared drunk when running his vehicle into a post on county premises. The commissioner's rollover accident shortly later led to the commissioner's arrest on DWI charges. The county's drug-and-alcohol-free workplace policy could have affected the commissioner's job. But a local judge ruled that the county policy didn't quite apply to elected county officials. The commissioner appears to have avoided any direct impact on his job.

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 Posted on July 07,2021 in Uncategorized

Better Free on Bail

Bail enables a defendant arrested on a DWI charge to leave jail while awaiting the DWI charge's trial, dismissal, or other disposition. Better to be free while awaiting trial than to languish in jail. Freedom on bail enables a defendant to work, care for family, and help the DWI defense lawyer prepare for trial. Bail traditionally involves posting a specific sum of money that the defendant would forfeit if not returning to court as ordered. Bail bond companies save the defendant from posting the full cash amount by posting a bond instead for a fee a fraction of the amount of bail.

Complying with Bail Conditions

Texas Code of Criminal Procedure Article 17.15 permits the judge, magistrate, or another officer at arraignment to set bail conditions for the defendant's release. Under Article 17.15, those conditions

• must give reasonable assurance that the defendant will comply;
• must not oppress the defendant who no one has yet convicted of a crime;

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 Posted on July 07,2021 in Uncategorized

Over holidays and major events, it's common for the Texas Department of Transportation to increase traffic enforcement and watch for drivers without seat belts, driving too fast, drinking and driving, or breaking other traffic laws. Law enforcement officers also watch for people not complying with the state's "Move Over, Slow Down" law, requiring drivers to move over a lane and slow down when they encounter a stationary vehicle on the road or the shoulder. Enforcement campaigns also include the Texas Click It or Ticket program, urging Texans to buckle up.

DWIs During High Traffic Enforcement

When the Department of Transportation puts more police on the roads, they will naturally make more traffic stops and make more arrests. Over Christmas and New Year's weekends in 2018, police made more than 400 DWI arrests. To prepare for holidays, law enforcement will:

• Put more police on the roads, watching for drunk drivers on routes they're most likely to use,

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 Posted on June 06,2021 in Uncategorized

Many DWI charges begin predictably. The suspected intoxicated driver weaves across the centerline or otherwise drives erratically, resulting in a lawful police stop and DWI arrest. Yet, that's not the only way that police find probable cause to suspect a DWI crime. Your vehicle making the roadway unsafe is another way that can lead to a DWI arrest. Control your vehicle so that it does not create a road hazard. Otherwise, you may find yourself responding to a police stop and DWI charge.

Unsafe Roadway Leads to DWI Charge

A recent story illustrates the hazard. Harris County authorities allege that an intoxicated driver's wandering vehicle struck a roadway median, tearing apart the vehicle's oil pan. The driver motored onto a distant parking lot, leaving behind a mile-long oil slick. A motorcyclist encountering the oil slick crashed, killing himself and leaving the motorcycle in the roadway for another vehicle to strike. Police responding to the accident scene traced the oil slick to the intoxicated driver's distant parked vehicle. The intoxicated driver now faces a DWI charge, after allegedly showing signs of impairment at his arrest. No witness complained of the intoxicated driver's wandering vehicle. Police found that the physical evidence was alone enough to pursue the DWI charge.

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