Posted on November 11, 2019 in Uncategorized

In New Mexico, a former State Police officer facing driving while intoxicated (DWI) charges has made headlines by seeking the dismissal of her case and the suppression of a 911 call that is the basis for her arrest. The issues in her case are not unique to New Mexico, as Houston defense attorneys like Doug Murphy have focused on similar issues in the past.

The Arrest

Former State Police officer and sheriff's deputy Jessica Turner was arrested on suspicion of DWI in February 2018 after she was found slumped over her steering wheel while parked on the side of a country road. Law enforcement was notified through a 911 call of an erratic driver, and Turner's pickup truck matched the vehicle.

After her arrest, she maintained her innocence, and her attorney has raised a number of issues pointing to her not driving the vehicle while intoxicated:

• the truck was not in drive;
• the keys were not in the ignition or even in the vehicle;

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 Posted on November 11, 2019 in Uncategorized

Many driving while intoxicated (DWI) arrests follow a familiar pattern: an officer stops a driver for a traffic violation. Suspecting the driver is intoxicated, they ask the driver to perform field sobriety tests. The officer then informs the driver that he or she failed the field sobriety tests (FST) and places the driver under arrest. But what happens when the driver passes the FST and yet the officer still makes an arrest anyway? Truth is, sober people fail police field sobriety tests because of the unfair scoring of particularized clues.

While rare, DWI arrests can still happen despite a driver passing some or all of the administered field sobriety tests. While many drivers might believe that "passing" these tests exonerates them or protects them from prosecution, the truth is it does no such thing.

All that is needed is a belief that your faculties are impaired. This can be suggested through physical and verbal cues without even taking the FSTs (or even if you take them and pass). Examples of verbal or physical signs of illegal intoxication include:

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 Posted on November 11, 2019 in Uncategorized

On October 29^th, a Houston-area man was arrested under suspicion of DWI. In some cases, a conviction for driving while intoxicated will result in little more than a night sobering up behind bars. For this driver, his four prior convictions could be enough to send him to prison for the rest of his life.

The arrest occurred on the 2200 block of FM 1960 in Harris County. At approximately 4:30 p.m., sheriff deputies responded to the scene of a single-vehicle accident. At the scene, officers encountered the driver, 45-year-old Houston resident John Greco. According to the police report, deputies were immediately suspicious that Greco was intoxicated. The police administered field sobriety tests. During the arrest, Greco allegedly became combative. This led officers to place Greco in a spit mask during his booking photos.

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 Posted on October 10, 2019 in Uncategorized

When it comes to arrests for driving while intoxicated (DWI), every state creates its own guidelines. While each state prosecutes a driver based on blood alcohol concentration (BAC), the legal limit could theoretically vary across state lines, but up until 2019, the legal limit was the same across the United States at.08%.

Utah changed that with a new law that came into effect in 2019. Utah is the first state to lower its BAC to.05%. This is familiar territory for Utah – it was also the first state to lower the legal limit to.08% from.10%. After Utah, in the late 1990s, a legislative push resulted in other states following suit and lowering the legal limit to.08 BAC.

Now, Utah is the first to respond to calls for further movement. Other states, like California and Washington, have also considered similar measures. Texas is not one of these states, and for good reason: the reduced BAC level doesn't do anything to reduce DWIs; it only serves to put restrictions on your freedom.

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 Posted on October 10, 2019 in Uncategorized

Under Texas law, prosecutors are empowered to defer adjudication of many crimes for first-time offenders. Deferred adjudication allows a defendant to plead guilty to a crime, but avoid a conviction on their criminal record if they meet certain conditions. Since 1984, that option has been off the table for anyone convicted of a DWI. Now, however, the law has changed again.

Since September 1, 2019, Texas prosecutors may once again offer deferred adjudication for intoxication offenses like driving while intoxicated and boating while intoxicated. Many prosecutors have pushed for a change in the law, arguing its inflexibility has made it difficult to settle DWI cases out of court. Now, the state legislature has listened, passing the change that was ultimately signed by the governor.

This effort to change the law was the fifth attempt since 1984. This effort succeeded where others failed in part because of the growing support among prosecutors for this change. Court officials have also come out in favor of the change, given that the vast majority of criminal trials are in DWI or alcohol-related cases.

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 Posted on October 10, 2019 in Uncategorized

Could law enforcement arrest you under suspicion of driving while intoxicated (DW) while you ride a horse in Texas? The idea may sound absurd, but in some states, a horse counts as a vehicle. Under current law, you could face arrest for DWI on a horse in Louisiana and Montana, among other states. It may not surprise you that horseback DWI arrests occur in Florida as well. So is it possible to get a DWI on horseback in Texas?

Can you Get Arrested for DWI on Horseback in Texas?

At first glance, it is easy to assume riding a horse while intoxicated would not qualify under the DWI statute. To be found guilty, you must have operated a motor vehicle on public roadways while intoxicated. However, the state's definition of a motor vehicle is vague. Texas Penal Code Section 32.34(a) defines a motor vehicle as:

a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.

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 Posted on October 10, 2019 in Uncategorized

In the early morning hours of October 10, 2019, two drivers were arrested under suspicion of driving while intoxicated (DWI) following unrelated accidents. In an unusual twist, the collisions happened at the same spot, but several minutes apart.

Shortly after midnight, Houston police responded to the scene of a car accident on Interstate 10 at Kirkwood. According to the police report, a driver crashed into a stalled tractor-trailer on the shoulder of the Katy Freeway. Because of the risk of fire, law enforcement called in the fire department to secure the scene. When fire trucks arrived, they blocked a lane of traffic to protect the scene. During their investigation, police determined that the driver was intoxicated and placed him under arrest.

While the fire trucks were still on the scene, a second driver approached at high speed, before crashing into one of the fire trucks. Law enforcement also suspected the second driver was under the influence of drugs or alcohol. The police arrested the second driver as well.

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 Posted on October 10, 2019 in Uncategorized

According to data provided by the Harris County Sheriff's Office, there have been more than 10,000 DWI charges filed in Houston this year alone. The records also reflect a 74 percent increase in DWI arrests compared to the previous year. This number averages to more than 40 DWI arrests in Harris County every day.

At first glance, it might seem as though the nation has plunged into a DWI epidemic after years of declining DWI numbers. However, there is little to suggest this is the case. In the last ten years, the rate of DWIs in Texas has declined by more than three percent, which is consistent with the national trend of declining DWI rates.

Another possibility is that the pressure on law enforcement to enforce DWI laws has pushed officers to make arrests that were unwarranted. There are several ways in which wrongful DWI arrests could occur.

Wrongful DWI Arrests in Harris County

Innocent people face criminal charges on a daily basis. While most focus on wrongful convictions of crimes like murder, the reality is that there are likely more wrongful DWI arrests than any other charge. There are a few reasons why these wrongful arrests might occur.

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 Posted on October 10, 2019 in Uncategorized

A College Station, Texas phlebotomist was arrested on October 12, 2019, after leaving work allegedly under the influence of alcohol. The erratic behavior in this case suggests more to the story than just alcohol intoxication, but a conviction for driving while intoxicated in and of itself could be career-ending in some cases.

In the afternoon of October 12, 32-year-old Jennifer Vann was reportedly intoxicated at work at her lab near Longmire Drive. According to police records, Vann removed her clothes while at work before exiting the facility. From there, she reportedly entered her vehicle and sped away.

The police report reflects that an on-duty officer witnessed Vann swerving in traffic moments later, nearly striking a curb. When the officer attempted to pull her over, she initially refused to stop. According to the report, she allegedly continued driving until there were police officers following her and one specifically driving next to her attempting to pull her over.

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 Posted on October 10, 2019 in Uncategorized

After years of development, researchers with the University of Pittsburgh have announced the development of a marijuana breathalyzer. If this device becomes accepted by the courts, it could have a significant impact on the rates of DWI drug charges.

The device operates like a standard breathalyzer. The subject simply breathes into the device, which gives the operator a reading. Instead of detecting alcohol on your breath, this device claims to detect THC – the psychoactive component in marijuana.

The Drive to Discover a Marijuana Breathalyzer

There has long been talk among law enforcement regarding the need for a marijuana breathalyzer. To date, there has been no accurate method to identify if a person was currently under the influence of marijuana.

The process is complicated in part by the fact that evidence of marijuana stays in the body well after the effects have worn off. In many cases, a positive result materializes from drug use weeks before the arrest.

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