Posted on May 05, 2023 in DUI/DWI

We've all seen street racing in the movies and on TV. A woman stands in the middle of the street, waves a scarf or flag, and the two studs in their souped-up cars burn rubber at top speed. But while this may look romantic and exciting in the movies, it can put pedestrians and other cars on the road in danger.

Street Racing in Texas

But after the COVID-19 pandemic, more people are taking to public streets to race their cars. Street takeovers and street races are happening more frequently in Texas and states across the U.S. Street "takeovers" involve cars coordinating to block off public intersections while cars do tricks like donuts, drifting, or ghost riding, where a driver jumps out of the car to dance or perform alongside a moving vehicle.

In mid-January of this year, a TikTok video of a street takeover in San Antonio went viral. Police reported that the takeover resulted in a four-vehicle crash and a shooting. To keep the streets safe, police are cracking down on enforcing street racing laws. Moreover, if you're arrested during a street racing or takeover incident and have been drinking, you could face additional charges for DWI. If that happens, attorney Doug Murphy is an expert in DWI Defense and Criminal Defense Law, and he can help. Call the Murphy & McKinney Law Firm, P.C. at 713-229-8333">713-229-8333.

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 Posted on May 05, 2023 in DUI/DWI

We all make mistakes. Sometimes that can include drinking too much and realizing you shouldn't drive. For example, you head out to dinner with friends and have a few beers or glasses of wine. But when you head home, you realize you may not be in the best shape to drive. So, maybe you pull over to the side of the road and decide to sleep it off before continuing home. Or maybe you head out to the parking lot, put the keys in the ignition to turn on the radio, close your eyes, and nap.

If the police show up and decide that you are intoxicated, but you weren't actually driving, can they still arrest you? Unfortunately, they may charge you with DWI. The good news is that an expert in DWI Defense, like Attorney Doug Murphy, may be able to negotiate with the prosecutor or use it in your defense.

What is a DWI in Texas?

You can face a charge for a DWI in Texas if you are "operating a motor vehicle" in a public location while intoxicated. Unfortunately, the Texas statute isn't as clear-cut as it seems. "Intoxicated" in our state isn't always black and white. You're considered "intoxicated" if:

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 Posted on April 04, 2023 in DUI/DWI

If you're facing a DWI charge, it's always a stressful situation. You're undoubtedly worried about the possible consequences of a criminal conviction and how it might interfere with your life. But if you hold a public office, have a high-profile job, or are well-known in your community, a criminal DWI charge can have serious consequences beyond potential jail time and fines. After a recent arrest, a Texas councilman discovered that the impact of body cam footage from a DWI arrest could go beyond the courtroom.

Body Camera Footage as Evidence

On November 6, 2022, San Antonio police arrested a local councilman after he allegedly crashed his Jeep Wrangler into a Honda Civic at Jones Maltsberger and Redland. Police charged him with DWI and fleeing the scene of a crash after he drove home, and police found him in his front yard. Police reported the councilman had difficulty standing and was slurring his words. News reports indicated that the councilman was on his way home from a bar, reportedly consuming 14 drinks within a few hours. He then drove to Bill Miller Bar-B-Q, where he engaged in some erratic behavior. Police are currently investigating the bar for overserving.

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 Posted on April 04, 2023 in DUI/DWI

The consequences can be serious if you're facing a DWI in Texas. But if someone dies as a result, the penalties can be even more severe. We don't typically anticipate a pedestrian running across a highway in front of us, especially at night, but it does happen. Unfortunately, if you've been drinking, alcohol can slow your reaction time and make it harder to respond quickly to obstacles in your path while driving, including pedestrians. That's what led to tragedy on the Gulf Freeway in February.

On February 20, 2023, a pedestrian died after being struck by a car while trying to cross the Gulf Freeway around midnight. A white Nissan struck the man, flipping him over the hood. A second car then struck the man. Paramedics declared the pedestrian dead at the scene. Police reported that the driver of the white Nissan showed signs of intoxication and took him into custody.

DWI Conviction in Texas

A first DWI in Texas is typically a Class B misdemeanor. A conviction is punishable by up to 180 days in jail, a $3,000 fine, license suspension, and a mandatory administrative fine of $3,000. However, if someone dies in a crash related to your DWI, you could face more serious charges.

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 Posted on April 04, 2023 in DUI/DWI

Facing a DWI can be a scary situation because it's hard to know what will happen next and the consequences you could face. But for a police officer or other first responders, an arrest for a DWI could end a career. That's what a Dallas police officer recently discovered. In February, the Dallas police arrested an off-duty Dallas police officer on suspicion of DWI. She's now on administrative leave pending an internal affairs investigation.The consequences of a DWI can be even more serious when your job is on the line. That's why it's essential you remember that you are innocent until proven guilty. You need an expert in DWI law to ensure the best possible chance of successfully resolving your case. Attorney Doug Murphy is an expert in DWI defense and can help you. Call the Murphy & McKinney Law Firm, P.C. at 713-229-8333">713-229-8333 or contact them online to schedule your consultation.

Consequences of a DWI Conviction

Police officers and other first responders aren't supposed to receive special treatment when arrested, so you'll likely face the same process and consequences as anyone else arrested for a DWI. But you may also face consequences to your career due to your arrest.

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 Posted on April 04, 2023 in DUI/DWI

We all know that bad things can result from driving while intoxicated. If intoxicated, we know we should hand over the keys to someone else or use Uber or a cab. But if a DWI crash does happen, what happens if the driver was obviously intoxicated, and a bar or restaurant continued to serve them alcohol? In this situation, a bar, bartender, or restaurant that continues to serve someone who is intoxicated can face legal liability for overserving a customer. That's what happened recently to a Lake Worth bartender.

DWI Crash in Lake Worth

On November 27, 2021, a customer in a Lake Worth taco shop was involved in a crash that killed a Euless police detective. The man ran a red light and hit the off-duty detective's vehicle, killing the detective and critically injuring his wife and two children. The man's blood alcohol level was twice the legal limit of.08%, and he had THC in his system. But the bartender who served the man in the taco shop is also facing charges. Police say she overserved the DWI driver, and her license to serve alcohol expired then. She is facing a charge of "sale to certain persons."

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 Posted on April 04, 2023 in DUI/DWI

If you're facing DWI charges, it can be stressful and frightening. But if you're also facing additional charges for illegally carrying a firearm, the consequences can be even more serious. That's what a Lorena woman recently discovered. Police arrested the woman for DWI and, while in the back seat of the police car, allegedly stashed a handgun she had on her after divesting herself of the handcuffs and waist chain she was wearing during the ride to prison.

Judge Susan Kelly of Waco's 54th State District Court recently sentenced the 55-year-old woman to eight years in prison for two counts of felony DWI and one count of tampering with evidence. As part of a plea deal, the prosecutor dismissed a charge for burglary of a habitation, alleging she broke into a friend's home after he died in March of 2022.

DWI Charges in Texas

While the consequences of a DWI conviction alone can be serious, the penalties can be even more severe if you're also arrested for gun charges simultaneously. A first DWI in Texas is typically a Class B misdemeanor. A conviction is punishable by up to 180 days in jail, a $3,000 fine, suspension of your driver's license, and additional mandatory administrative fines of $3,000. You could face additional jail time and heftier fines if there are aggravating circumstances.

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 Posted on April 04, 2023 in DUI/DWI

Facing a DWI charge is never easy. You may be concerned about possible jail time, fines, or a license suspension. But you may also be concerned about your personal and professional reputation, and with good reason. If you hold a visible position in your community, whether it's through public office, well-regarded charity work, or a highly notable career, a public arrest can affect you personally as well. That's what a Texas State Senator discovered when news of his DWI arrest hit the news.

DWI Arrest for Texas State Senator

In February of this year, an officer spotted the senator's car "swerving to the right and left and split the two lanes repeatedly" at about 2 am on a Tuesday. The officer stopped the senator on suspicion of DWI and stated in his affidavit that the senator had glassy, watery, bloodshot eyes, was confused, and had slurred speech. He also stated that the senator "had a strong odor of alcoholic beverage on his breath." Police arrested him for misdemeanor DWI.

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 Posted on April 04, 2023 in DUI/DWI

When you're involved in a suspected DWI crash, you might expect that property damage can happen. You could damage your car or other cars on the road. But sometimes, property on the side of the road can also face substantial damage. That's what an Austin homeowner discovered recently.

Drunk Driver Crashes into Austin Home

In January of this year, a drunk driver crashed into an Austin house at 2:30 in the morning. Thankfully, the car landed in an unoccupied guest bedroom, but the crash caused a great deal of damage to the home. After rescue crews extricated the driver, police arrested him for DWI. News articles indicated that the driver's insurance company would cover the damages. However, this indicates the type of collateral damage you or your insurance company could be responsible for after a DWI crash.

In a bizarre turn of events, the property owner received a letter from the city detailing code violations due to the state of his house. The letter was dated the day of the crash and threatened fines if the homeowner didn't remedy the situation within 30 days. Fortunately, the city indicated it would allow the homeowner additional repair time.

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 Posted on March 03, 2023 in Criminal Defense

Being arrested is almost always a frightening and sometimes even traumatic experience. But if you're completely innocent of the crime the police are accusing you of, and you know who did it, it can be even more so. You may wonder what you should say and whether you should be loyal and just keep your mouth shut. In some cases, knowing about a friend's crimes can also be a crime if you knowingly aided in some way or were present at the crime scene. Unless you want to go to jail, you must speak to an experienced Texas criminal defense lawyer as soon as possible.

Were You an Accomplice?

Before you simply tell the police, "I didn't do this, but I know who did," you should speak to an attorney. In some cases, if you were present at the scene, you may be considered an accomplice and guilty of the charged crime or a similar crime. For example, if you're out with friends and one of them decides to smash a store window, your friend may be guilty of criminal mischief or a similar crime in Texas, and you may be blameless. But if you encouraged them to smash the window, handed them a large rock to throw, acted as a lookout, or helped or advised in any way, you could also be guilty of criminal mischief. It's always a good idea to talk to an attorney before you talk to the police to ensure you don't unknowingly implicate yourself in a crime.

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