Posted on October 10, 2018 in Uncategorized

The fact that you've been charged with a DWI can stay with you for the rest of your life. The record will show up anytime someone runs a criminal background check or takes an in-depth look into your past. In today's technology-driven world, a simple internet search can yield a lot of information about your prior run-ins with the law.

Back in 1998, Beto O'Rourke -- current candidate for the United States Senate - was arrested for DWI in Anthony, TX. Thanks to a diversion program, O'Rourke was never technically convicted of the offense. However, the fact that he was arrested for DWI when he was 26 has been a central issue in his fight for the Senate seat against incumbent Ted Cruz.

Why Was Beto O'Rourke Arrested for DWI?

According to the police report, O'Rourke was speeding, lost control of his vehicle, and struck a truck in a nearby lane. This caused his car to cross the center median and come to rest in front of oncoming traffic. O'Rourke then allegedly got out of his vehicle and began to walk away from the scene before he was stopped by a reporter. O'Rourke contests this allegation.

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 Posted on October 10, 2018 in Uncategorized

In September, more than 50 people were arrested on felony DWI charges in Houston. Most felony arrests were based on the fact that drivers had at least two prior DWI convictions. Nine drivers, however, were arrested for felony DWI because they had a child with them in the vehicle. Driving while intoxicated with a child is always a felony in Houston, whether it's your first or fourth offense.

Aggravating Factors in Houston DWI Cases

Without any aggravating factors, driving while intoxicated (DWI) is a Class B Misdemeanor for first-time offenders. Aggravating factors elevate the seriousness of a crime. When aggravating factors are present in a case, the potential charges and penalties can be enhanced.

Examples of aggravating factors can include:

• Driving with a blood alcohol concentration at or above.15 percent
• History of DWI convictions
• Getting into an accident
• Causing another person to suffer an injury, and

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 Posted on October 10, 2018 in Uncategorized

A Galveston County man recently learned the hard way that driving while intoxicated can have serious consequences. According to reports, the man was found while passed out in his SUV in a parking lot, surrounded by empty beer bottles. Chemical tests showed that his blood alcohol concentration was greater than.13 percent.

At trial, the jury was told that the man had several prior criminal convictions, including at least two others for DWI. After deliberation, the jury determined that the man was guilty of this most recent DWI offense. The defendant also chose to let the jury decide his sentence, which could range from between 25 years and life. The jury, after considering his history of DWIs, decided that he should spend the rest of his life behind bars.

Felony DWI in Texas

For most people, first DWI and second DWI offenses will be misdemeanors in the state of Texas. Things change when you are arrested for DWI and have at least two prior convictions. At this point, you'll be facing felony DWI criminal charges. The charges and penalties you'll face will become more severe with each additional conviction.

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 Posted on October 10, 2018 in Uncategorized

What happens when are you arrested for DWI in another state? Dustin Calhoun, a 22-year-old Houston man, will find out in the very near future. Earlier this month, Calhoun was charged with DWI in Missouri after he drove his pickup truck into a tree. He could still face consequences at home in Texas even though the DWI occurred in Missouri.

Can I Be Charged with DWI In Texas If I Was Arrested in Another State?

No. The state of Texas doesn't have jurisdiction over crimes committed outside of the state. If you live in Texas and are arrested for DWI elsewhere, you'll be subject to criminal charges in that other state.

For example, Dustin Calhoun lives in Houston, Texas. He was arrested on suspicion of DWI in Wright County, Missouri. The state of Missouri has charged Calhoun with the crime of DWI. If convicted, he will face the penalties imposed by that state. He will not be subject to additional criminal charges when he comes back home.

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 Posted on October 10, 2018 in Uncategorized

Veteran METRO Bus Driver Charged with Felony in Death of Pedestrian

Sadly, pedestrians are struck and killed as a result of a tragic motor vehicle accidents in Harris County, Texas, which carries one of the worst reputations in the country for vehicular fatalities. The fact that the driver was charged on-scene, however, is surprising because not all tragic fatality accidents are crimes.

According to news reports, a Houston METRO bus driver was charged with Criminally Negligent Homicide after hitting and killing a woman who had just exited another bus and was crossing the street.

Criminally Negligent Homicide Charges

The driver, Oscar Martinez, who had been driving METRO busses for 27 years, now faces a felony charge that carries a punishment of 180 days up to 2 years in the State Jail and up to a $10,000 fine. If prosecutors decide to allege that Martinez had used or exhibited a deadly weapon, namely a motor vehicle, in the commission of the offense, Martinez could face between 2 and 10 years in prison and up to a $10,000 fine.

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 Posted on October 10, 2018 in Uncategorized

Police have to have reasonable suspicion to make a motor vehicle stop in Texas. Driving eastbound in a westbound lane would certainly provide police with the cause they need to stop a driver on suspicion of DWI. This is precisely what happened to a man in Humble, TX earlier this week.

According to reports, Aaron Abernathy was stopped by police for driving the wrong way down a Harris County highway. Abernathy was questioned by police and asked to perform several field sobriety tests, which he allegedly failed. Chemical testing later showed that Abernathy's blood alcohol concentration was twice the legal limit. He was arrested and charged with a first-time DWI offense.

What is Reasonable Suspicion for a DWI Stop in Texas?

Police can't just stop a driver for suspected DWI without a good reason. You have certain rights, and police are required to respect them. Those rights can only be infringed when police have a minimally-acceptable level of suspicion or cause to do so. For traffic stops, police must have what is known as "reasonable suspicion."

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 Posted on September 09, 2018 in Uncategorized

There's a growing trend in Houston area law enforcement efforts to not only go after the drivers involved in alcohol-involved fatality accidents, but the bars and bartenders that serve the drinks. For those charged with Driving While Intoxicated (DWI) or more severe crimes like Intoxication Assault and Intoxication Manslaughter, this trend has serious implications on the type and quality of evidence prosecutors have to make their case. In fact, counties such as Harris County, Galveston County, or Montgomery County have specialized prosecutors and divisions dedicated to investigating and filing these types of charges and usually have a significant resource advantage over smaller counties.

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 Posted on September 09, 2018 in Uncategorized

According to the Texas Forensic Science Commission, the crime lab of the Houston Department of Public Safety is under investigation after a set of blood samples from a felony DWI arrest were mistakenly mailed to a defense attorney that is not involved in the case. The Texas Forensic Science Commission has announced the issue would be taken up at their quarterly meeting on October 5, 2018.

The blood sample was taken in northern Texas during the DWI investigation. It was sent by law enforcement to the Department of Public Safety lab in Garland, Texas. However, due to a recent resignation, the Garland lab has been woefully understaffed. To clear the bottleneck, other labs have been testing samples in order to help the Garland lab catch up.

In this case, after the Houston lab completed the test the sample was intended to be returned to the Garland lab. There, the results of the testing would be forwarded to the arresting officers in northern Texas. Instead, the results were mailed to a criminal defense attorney in Houston that was entirely unrelated to the case.

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 Posted on September 09, 2018 in Uncategorized

Micaya White, a standout on the University of Texas Volleyball team, will finally get her day in court to dispute driving while intoxicated charges stemming from a 2017 arrest. The trial is scheduled to begin on January 14 of next year.

White, the 2018 Big 12 Preseason Player of the Year, was arrested on the evening of March 18, 2017, on suspicion of DWI. According to the police report, White was pulled over by law enforcement for following another vehicle too closely and driving without headlights. The arrest affidavit reflects that White admitted to drinking to shots of vodka. The report also states she failed a field sobriety test. White was charged with DWI, released on bail, and ultimately pleaded not guilty to the charge.

What to Expect During a DWI Trial

No two Houston DWI trials are ever exactly the same, but they all follow the same general format. Both your defense attorney and the prosecutor will have a chance to present their arguments to a jury of your peers. A judge will hear the case and resolve any disputes over legal issues that might come up.

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 Posted on September 09, 2018 in Uncategorized

An off-duty Houston police officer was temporarily relieved of her duty this week after she was arrested under the suspicion of driving while intoxicated following a traffic accident. The stakes are higher for the law enforcement officer than a typical first-offense DWI however, as her 13-year-old daughter was a passenger.

Cassandra Crosby, an 11-year veteran of the Houston Police Department, was taken into custody after causing a collision at the intersection of Fondren and South Main in southwest Houston. The accident occurred on Sunday, September 9, at approximately 8 p.m.

According to court records, Crosby was the cause of a vehicle collision after illegally entering an intersection with flashing red lights in all directions. After the accident, Crosby pulled her vehicle into the parking lot of a nearby business. When patrol officers arrived and made contact with her, they allege to have detected the smell of alcohol while speaking with her. After initially claiming she had only had one or two glasses of wine, Crosby admitted that she had drunk an entire bottle before getting in her vehicle.

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