Posted on March 03, 2023 in Uncategorized

It can seem like a good idea at the time. You've been out with friends or at dinner and had a few drinks. On the way home, you see blue lights flashing behind you, and you begin to worry that your blood alcohol content might be too high. The police officer talks to you about your evening, asks you to perform some sobriety tests, and then asks you to submit to a blood alcohol concentration test. Then he tells you your BAC is over the legal limit, and he's arresting you. What happens if you try to bribe a police officer to let you go?

What Happens During a DWI Stop?

The police can't just pull you over for the heck of it; they need "reasonable suspicion" that you've committed a crime. But a traffic violation like speeding, failing to use your blinker, or failing to yield gives the police reasonable suspicion to pull you over. The police will then interview you and ask for your license. During the stop, they'll be observing you and your behavior, deciding whether there is a possibility that you are intoxicated.

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 Posted on March 03, 2023 in Uncategorized

Most of us have done it at some point in our lives. You're out with friends for the evening, you've had a few drinks, and when it's time to head home, you realize it's probably a good idea to wait a while before driving. Sleeping it off in your car is the responsible thing to do, right? Unfortunately, you could still face a DWI in some situations if the Houston police decide to wake you up and charge you. It can seem like you're being punished for being responsible. But it's important to remember that you are innocent until proven guilty. Moreover, you may have a good defense. You should immediately talk to a Texas DWI law expert to discuss your options.

What is a DWI in Texas?

The Texas statute on driving while intoxicated makes it a crime to operate a motor vehicle in a public place if you're intoxicated.

1. Public Place Driving in a "public place" doesn't have to mean a road or a highway. Public places under the DWI statute also include any place typically open to the public, like a shared driveway or a parking lot, even if it's on private property. It can also include the shoulder on the road.

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 Posted on March 03, 2023 in Uncategorized

Drag racing is nothing new in Texas and the U.S. For decades, our movies, books, and the media have glorified street racing and the racers behind the wheel. But street racing is on the rise, and when it happens on public streets, innocent bystanders can get hurt. At a recent 2K drag race event, police arrested more than 100 people over five days for illegal street racing on highways and freeways near the event at the Baytown drag strip.

With the increase in street racing on Houston-area streets, more accidents and injuries are inevitable. As a result, the police and local officials are cracking down on drag racing. If you're caught up in a street racing arrest, you need an expert in criminal defense law, like Doug Murphy, to protect your rights. Call the Doug Murphy Law Firm, P.C. at 713-229-8333">713-229-8333.

Leaving the Scene of an Accident

If you're involved in any crash in Texas that results in someone injured, property damage, or damage to another car, you must remain at the scene of the accident, provide your name and information to others involved, and help if needed. See Tex. Transp. Code § 550.022 (2005). You also have a duty to stop if you damage a home or city, or state property like a "structure, fixture, or highway landscaping." Tex. Transp. Code § 550.025 (2017).

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 Posted on March 03, 2023 in Uncategorized

Crashes often result from driving while intoxicated in Texas. And while we often expect that damage to a car may happen during an accident, sometimes a DWI car crash can cause substantial damage, whether to multiple vehicles or buildings and structures beside the road. That's what an unfortunate Austin homeowner recently discovered.

Drunk Driver Crashes into House

On January 19, 2023, at 2:30 am, a drunk driver crashed into the home of Austin resident Chris Newby. The car thankfully crashed into an unoccupied guest bedroom, but the accident caused substantial damage to the home. Rescue crews had to extricate the driver, and police arrested him on suspicion of intoxicated driving. A KRQE news article noted that the driver's insurance company would be paying for the repairs, but this is a good example of collateral consequences that can happen if you're involved in an accident that causes substantial property damage along with a DWI.

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 Posted on March 03, 2023 in Uncategorized

Holidays are a time for cheer, friends, family, and having a good time. Whether it's New Year's Eve, St. Patrick's Day, Mardi Gras, spring break, or the Fourth of July in Houston, we know how to have a good time. Heading to the bar, to the beach, or to a friend's house for a party or barbecue is how many of us relax and have fun. But if you plan to have a few drinks while you party, remember to watch out for Houston's DWI enforcement.

It's not your imagination if you think there seem to be more DWI arrests and accidents over the holidays in Houston. There are. Why? It may be that more people are on the roads while drinking, making accidents more likely. But Houston's "no refusal" DWI enforcement may also contribute to the high number of arrests.

Houston Holidays and "No Refusal"

Over holidays like Christmas, New Year's, and Memorial Day, or for significant sporting events like the Super Bowl, Texas rolls out "no refusal" weekends with heightened traffic enforcement, looking for suspected DWIs. Usually, if the police want to perform BAC testing on you, they need your permission. If they have probable cause to test you, and you refuse BAC testing, they'll likely arrest you. But before they can test your blood alcohol level, they must have a warrant. Obtaining one can be time-consuming, and BAC levels can change significantly by the time they test someone.

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 Posted on March 03, 2023 in Uncategorized

Most of the time, we assume that someone who drinks at a bar or restaurant must drink responsibly. If they get arrested for drinking and driving, it is simply their poor choice, right? But someone who serves an individual later arrested for DWI or an alcohol-related charge can also face criminal charges. That's what happened to a Lake Worth bartender recently.

Serving Intoxicated Individuals in Texas

The bartender, who worked at Fuzzy's Taco Shop in Lake Worth, is accused of overserving a man convicted in a 2021 drunk driving crash. The driver ran a red light and crashed into an off-duty police detective and his family, killing the detective and critically injuring his wife and two children. At the time of his arrest, the driver's blood alcohol level was twice the legal limit in Texas, and he had THC in his system.

A DWI that results in someone's death or serious injury can have severe consequences. Both intoxication assault, a DWI involving a serious bodily injury, and intoxication manslaughter, a DWI involving a death, are felony charges. But if someone served a clearly intoxicated person before the DWI occurred, they could also face charges.

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 Posted on March 03, 2023 in Uncategorized

An arrest for a DWI is always stressful and frightening. You're undoubtedly concerned about what will happen next and the potential penalties you could face. But if you're a high-profile person in our community, you must face DWI charges while also undergoing heightened scrutiny from the media and their communities. That's what one Texas state senator recently discovered.

Senator Arrested for DWI

Police arrested Senator Charles Schwertner of Georgetown in early February for DWI in Travis County. The arresting officer reported that Sen. Schwertner's black Cadillac was "swerving to the right and left and split the two lanes repeatedly." The police affidavit also stated that when they pulled him over, he had bloodshot, glassy, and watery eyes, was slurring his speech, exhibited confusion, and had a strong odor of alcohol on his breath. Sen. Schwertner's attorney reported that the senator was "clear-eyed, sober, and making good sense" at the time of his arrest and looked forward to reviewing discovery once it is available.

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 Posted on March 03, 2023 in Uncategorized

We all have visions of street racing from the movies; whether it's Danny and Leo facing off in Grease, the Fast and the Furious, or American Graffiti, street racing has been around almost as long as we've had cars to race. But when it happens on a public roadway, it can be dangerous for the racers and everyone else on the road, particularly if the participants are intoxicated. In Texas, after a spate of street racing and street "takeovers," authorities are cracking down to keep the roads safe.

Street Takeovers in Texas

A street takeover, sometimes called a "sideshow," involves blocking off intersections or roads with flash mobs of spectators. Drivers then do stunts like doughnuts, drifting, and "ghost riding," where the driver jumps out of a moving car to dance or perform beside the car before jumping back in. But street takeovers can be as dangerous as street racing, particularly when large groups gather on public streets.

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 Posted on March 03, 2023 in Uncategorized

We all speed sometimes. You may even have revved your engine at a light to egg someone on. But drag racing on public roads can be dangerous, and police in Houston are cracking down. At a recent annual 2K drag race event near Baytown this month, police reported that many illegal street races popped up in the area, resulting in more than 100 arrests over five days.

Street racing charges alone can be serious, but if the police believe you've also been drinking, you could face additional charges and more serious penalties. That's why you need an expert in criminal and DWI defense law, like attorney Doug Murphy, to protect your rights. Call the Doug Murphy Law Firm, P.C. at 713-229-8333.

Street Racing in Texas

In Texas, street racing is illegal. Typically, a conviction for a first offense is a Class B misdemeanor, which is punishable by up to 180 days in jail and a $2,000 fine. However, if you are intoxicated or have an open container of alcohol in the car while drag racing, street racing becomes a Class A misdemeanor. A conviction for a Class A misdemeanor is punishable by up to one year in jail and a $4,000 fine. You can face even more serious charges if you have two or more prior convictions or if someone is injured or dies. The police may also charge you with organized criminal activity, and if convicted of street racing, you will also face the forfeiture of any motor vehicle used in the race.

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 Posted on March 03, 2023 in Uncategorized

In the decade since George Zimmerman's shooting of Trayvon Martin in 2012, we've heard a lot about Stand Your Ground laws and shooting in self-defense. In Texas, a similar law is known as the Castle Doctrine. But when is it legal to shoot someone in self-defense? Is it ever legal to shoot to defend your property?

The Castle Doctrine in Texas

The Castle Doctrine is Texas's version of the Stand Your Ground laws that have cropped up all over the U.S., starting in Florida in 2005. Under the Castle Doctrine, you can use deadly force if you believe doing so will protect you, someone else, or your property.

1. Self-defense Texas law presumes that you're justified in using force to defend yourself at home when:

• Someone unlawfully enters with force, or
• Someone removes or attempts to remove you from your "castle" with force.
• See Tex. Crim. Code § 9.31 (2007). Your "castle" can be an occupied habitat like your home, an occupied vehicle, or your place of employment.

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