Posted on November 11,2020 in Uncategorized

In the late hours of the evening in mid-September 2020, officers responded to an intoxicated driver complaint on Flower Mound Road. When they arrived, they found a severely damaged motor vehicle facing oncoming traffic. Officers discovered that both the driver and the passenger had fled the scene. The passenger was found behind a Wayfair store and arrested for alleged public intoxication. The driver was seen later by another officer but managed to flee into a heavily wooded area just south of Flower Mound Road. The police and the Texas Department of Public Safety tried to locate the suspect but were unsuccessful. Being charged with a DWI in Texas is a serious offense, but the seriousness increases several times over for a suspect that evades arrest or detention. Hiring an expert DWI attorney can help mitigate the severity of the crimes from the beginning.

What Happens if You Evade the Police When Stopped for a Texas DWI?

If caught, the suspect from the article above would be subject to both a DWI charge and a charge for evading arrest or detention. According to the Texas Penal Code, this offense is a Class A misdemeanor and is punishable by up to one year in county jail and fines up to $10,000. If you try to evade arrest while in a motor vehicle or have previously been convicted of another crime, these punishments increase significantly. If evasion becomes your first conviction and you were driving a car when it happened, the offense is considered a fourth-degree felony, which could result in 180 days to 2 years in jail and fines up to $10,000.

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 Posted on November 11,2020 in Uncategorized

In the wee hours of the morning of October 17, 2020, police arrested Fort Worth City Council Member Cary Moon, alleging that the council member was driving while intoxicated (DWI). In a statement, Moon said, "Thank you to those who have offered support. At this time, we are not able to discuss details of the case. I will be responsible for my actions and own up to any personal or legal failures." Both the arrest and Moon's comment highlight interesting ways that a DWI could impact someone running for, or currently holding, public office. Let's discuss a couple of these issues.

DWI Impacts Professional Licensing

Many individuals who hold elected office do so on the basis of their professional accomplishments. However, DWIs can cost someone their professional license in a number of fields-such as accounting, real estate, and the practice of medicine. Furthermore, for fields based on practitioners' reputation for truth, such as the practice of law, a license can be pulled for issues of character, and DWI can be used in this context as well.

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 Posted on November 11,2020 in Uncategorized

In October 2020, police arrested a 25-year-old man they allegedly found asleep at the wheel of a box truck stopped in an apartment complex's parking lot. The officers arrested the young man and charged him with a DWI and possession of marijuana and other controlled substances. After being processed into the Rowlett City Jail and placed into his cell, he was later found unresponsive by detention officers. They called Emergency Medical Services and administered CPR, but to no avail. The Texas Rangers are leading an investigation into the cause of death. While that remains unclear, it is important to note how traumatizing an arrest for a DWI can be. If you or someone you know has been charged with a DWI, hiring an attorney specializing in DWI defense is imperative. A DWI specialist focuses not only on your rights in court but also on mitigating the effects the DWI has on your physical and mental health.

DWI and Stress

The stress caused by a DWI charge can profoundly impact you– both emotionally and physically. You may have experienced incarceration for the first time in your life. Those charged with a DWI in Texas may find themselves suffering from migraines, bouts of depression, or uncontrolled anger. All of this is normal. You may be worried about your job, your family, or even your reputation. This stress only compounds as the hearings begin. There are important deadlines you must meet. If you inadvertently make an error, it may mean losing your driver's license permanently, missing even more work, and potentially not being able to provide for your family.

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 Posted on November 11,2020 in Uncategorized

During the summer of 2020, officers arrested Republican state Senate candidate Vanessa Tijerina for allegedly driving while intoxicated with her children in the car. Police officers had responded to an alert that the GOP candidate was driving under the influence. They initiated a routine traffic stop and noticed a strong marijuana odor coming from the car. When asked about it, Tijerina rolled up the windows and locked the car doors. Officers repeatedly tried to speak to her through the windows and then resorted to trying to pry the doors open. When Tijerina finally decided to exit the vehicle, she was charged with possession of drug paraphernalia, interfering with public duty, and two charges of DWI with child passengers.

A DWI is a serious charge for anyone, and it can gravely interfere with your future plans. In the instance mentioned above, the Texas GOP refused to support Tijerina's state Senate candidacy. This loss may not be a surprise, but there are various ways a DWI arrest can derail your plans-guilty or not. Having a DWI expert attorney will ensure you can navigate this confusing terrain more easily.

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 Posted on November 11,2020 in Uncategorized

On Sept 18, 2020, in the early hours of the morning, an 18-wheeler rig driving northbound on I-45 flew off an overpass . It was forced off the highway after a woman driving the wrong direction crashed head-on into the truck. Footage from the Downtown Aquarium captured the cab and the charcoal-carrying trailer as it fell over the bridge and landed in the Downtown Aquarium's restaurant parking lot. The 18-wheeler was destroyed by the fall.

According to officials, the 65-year old driver of the rig experienced cuts and bruises. He was also seen wearing a neck brace at the scene of the accident prior to being transported to the hospital.

Police reported that the driver of the wrong-way car, a 56-year-old woman, stated she was on the way to the bank and then to pick up her daughter. She is facing DWI charges and, according to the police, suffered a broken leg from the accident.

In order to clear the debris and investigate the accident, the freeway was closed for many hours. The accident and debris also impacted nearby feeder roads.

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 Posted on November 11,2020 in Uncategorized

In College Station, Texas, driving while intoxicated (DWI) arrests have substantially decreased during the COVID-19 pandemic, as much as 25%. Police have theorized that the reduction-both arrests and DWI-related accidents-may be because there are fewer people in town at the moment. Is this a predictor of a lower rate of DWIs for other areas of Texas, including Houston? Unfortunately, no.

Houston is not seeing a meaningful decline in DWIs. Through August, the City of Houston only had a 5% reduction in DWI arrests. Harris County had 16% fewer DWI arrests than this same time in 2019. However, in 2019, the county's DWI arrests increased by an astonishing 2,000% from the previous year. That means that a slight dip isn't nearly enough: 2020 is on track for another record number of Harris County DWIs.

At this point, College Station will likely see an uneven trend in DWIs through the remainder of the year. For example, Texas A&M students returned to campus-that could increase area alcohol use during the Fall. But DWIs may decline, since a recent post-Halloween spike in COVID-19 cases has meant that the university is announcing new restrictions on campus social events, and at least one football game has been delayed.

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 Posted on October 10,2020 in Uncategorized

Being charged with Driving While Intoxicated (DWI) can be frightening and embarrassing. For some people, it can even impact their ability to earn a living. If you're facing a DWI charge, you're likely worried about what the future could mean for you. But, if it's your second, third, or more offense, it's not a maybe anymore. You're likely very worried about the genuine consequences you know that you're facing.

Multiple Offenses in Texas

Under Texas law, a driver who has a previous conviction for DWI faces even stiffer penalties than a first time offender, and those penalties continue to increase in severity with each subsequent offense. Texas prosecutors are not likely to show leniency to someone who has received a DWI conviction before. It's more important than ever that a multiple offender hires an aggressive attorney who knows this area of the law backward and forward.

In Texas, a second DWI is typically charged as a Class A misdemeanor. This means the penalties can include a fine of up to $4,000, a minimum of 30 days in jail, and having your driver's license suspended for up to two years. You could also be ordered to install an ignition interlock device in your vehicle.

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 Posted on October 10,2020 in Uncategorized

Earlier this month, an alleged drunken driver hit two off-duty deputy constables while they were working traffic control in a construction zone in Austin, Texas. At around 12:30 am, the deputies, while working on a lane closure, were allegedly hit by a Honda Civic when it tried to change lanes while going about 110 – 120 mph. The vehicle spun out of control, crushing one officer's foot and breaking the other's leg in three places. The arresting officers charged the driver with the intoxication assault of a peace officer, which is more severe than the average Driving While Intoxicated (DWI) charge. While a DWI charge is serious on its own, complicating factors can increase the stakes considerably. Having a great attorney on your side can ensure your rights upheld, your charges are not overblown, and your outcome is as favorable as possible.

Factors That Could Enhance a DWI Charge

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 Posted on October 10,2020 in Uncategorized

In Texas, if there are children in a vehicle, while a driver is intoxicated, the driver may be charged with "Driving While Intoxicated with Child Passenger" (DWI with Child Passenger), a felony punishable with time served in a state jail.

According to Texas Penal Code Chapter 12 § 49.045, a person commits a DWI with Child if:

(1) the person is intoxicated while operating a motor vehicle in a public place; and

(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

Note that the driver may be charged and convicted of a DWI with Child Passenger even if the child in the vehicle was not injured in an accident.

What is the Punishment for DWI with Child?

Driving While Intoxicated with Child Passenger is a state jail felony under Texas Law. Texas Penal Code Section 12.35 says that someone convicted of DWI with Child can be punished by between 180 days and two years in a state jail and/or a maximum fine of $10,000, and a 180-day suspension of a driver's license. Additional penalties can also be levied, ranging from probation to community service and more.

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 Posted on October 10,2020 in Uncategorized

In August 2020 , in Midland, Texas, a woman was arrested and charged with a DWI after she'd allegedly hit another vehicle and then, after veering off the road, crashed into the back patio of someone's home. While Car versus House is fortunately not an everyday DWI case, DWIs frequently involve accidents that result in some form of property damage. Compared to a DWI that resulted from a traffic stop, property-related accidents can be much more serious, with criminal and civil liability. Given what's at stake, it is important to retain an attorney who specializes in DWI defense as quickly as possible.

Increased Penalties for DWI Involving Property

According to T exas Penal Code Chapter 49, the penalty for a first-time DWI conviction is a Class B misdemeanor subject to a jail sentence of up to 180 days and a fine of up to $3,000, as well as 72 hours of initial jail confinement and a mandatory driver's license suspension. Punishment increases for subsequent offenses.

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