Posted on November 11, 2022 in Uncategorized

An arrest is frightening. You're undoubtedly wondering what will happen next and where you're going. Many of our clients are also concerned about the possible consequences of a conviction and whether they'll spend time in jail or prison. Also, our clients want to know where they'll be incarcerated if they spend time in jail. In this article, we'll discuss some of our clients' most common questions about the aftermath of an arrest, where the police may hold you, and where you can end up incarcerated after a conviction.

However, the most important thing to remember is that you are innocent until proven guilty. An arrest and a criminal charge do not mean that you'll go to jail or that a court will convict you. After an arrest, the most urgent thing is hiring an expert in criminal defense law like attorney Doug Murphy. An expert in criminal defense can ensure the best possible outcome in your case and protect your rights in the immediate aftermath of an arrest. You don't have to navigate the Houston criminal justice system alone.

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 Posted on November 11, 2022 in Uncategorized

Driving while intoxicated is a serious problem in Texas, and our criminal code can levy serious penalties for a DWI conviction. But we all make mistakes. It can be easy to get arrested for DWI if you have too much wine with dinner or a few too many beers at the game. But a DWI conviction can have serious consequences beyond possible jail time, fines, and a license suspension.

A DWI conviction will appear in a criminal background check and, in some cases, may prevent you from advancing in your career of choice. A DWI can also hurt your reputation, with acquaintances, future dates, and neighbors finding information about your arrest with an internet search. That's why it's a good idea to consult an expert in DWI and criminal defense cases like Doug Murphy to see if you can clean up your criminal record and tackle online information about your arrest and conviction.

Expunction

Expungement or expunction is a process that allows you to have your criminal or arrest records removed from your criminal history with a court order. Under Texas law, you can't expunge a DWI conviction. However, in some cases, you may be able to expunge records related to a DWI arrest that didn't result in a conviction. You may expunge a record if:

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 Posted on November 11, 2022 in Uncategorized

Police have been using alcohol breathalyzers for decades to detect potential DWI offenses, despite the unreliability of alcohol breathalyzers. Houston police use the Intoxilyzer 9000 breathalyzer to infer your blood alcohol concentration for DWI charges. Houston prosecutors can convict on a Texas DWI using breathalyzer results, but a skilled Texas DWI Specialist's cross-examination can often discredit the results. That's pretty much the landscape for alcohol breathalyzers: in common use but subject to challenge. Yet what about a marijuana breathalyzer? Driving while impaired by marijuana is a Texas DWI crime, chargeable under Texas Penal Code Section 49.04 just like alcohol DWI. You may have seen or heard about advertisements for marijuana breathalyzers. They're out there, on the market. But are drivers facing marijuana breathalyzer tests, and if so, are the results admissible to support marijuana DWI charges?

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 Posted on November 11, 2022 in Uncategorized

Self-driving cars, autonomous vehicles, or just AI assist. Whatever you call them, their artificial intelligence can work wonders in keeping a vehicle on the road and even avoiding crashes. But vehicle AI assist technology isn't perfect, especially when combined with the imperfections of the driver behind the AI assist vehicle's wheel. What, though, if that driver is drunk, and the AI assist technology leads to a vehicle crash? Can the drunk driver blame the DWI crash on the AI assist? Drivers of AI assist vehicles in the Houston area have every right to wonder whether their AI assist vehicle might save them from a DWI offense.

What Is Vehicle AI Assist?

One first has to understand a little about the technology, to answer the question of what role AI assist might have in relieving a drunk driver of a DWI crash arrest. Vehicle AI assist terms and definitions vary. And vehicle AI assist technology is changing rapidly. But one clear way to think of the subject is that vehicle AI assist technology provides automatic braking, automatic steering control, warning lights and sounds, and similar driver aids to reduce or prevent vehicle crashes. Vehicle AI assist systems differ in the technologies that they use, like LiDAR, radar, and cameras. AI assist systems also vary in the way they deploy those technologies and integrate them with the vehicle's driver controls. Some AI assist systems do more, while other systems do less. Generally, though, vehicle AI assist technology leaves the driver in place, on alert, and in at least some, if not primary, control. Contrast vehicle AI assist technology with outright autonomous vehicles, also known as self-driving vehicles, which put full control in the system, leaving the vehicle driverless or with only backup driver control.

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 Posted on November 11, 2022 in Uncategorized

Domestic violence can be a problem in any relationship, regardless of gender or sexual orientation. When discussing intimate partner violence, we typically picture a large man beating up a smaller woman. A 2014 study in the Journal of Sex & Marital Therapy reported that 25% to 75% of LGBTQ+ couples experience domestic violence at some point in their lives. But same-sex couples also face domestic violence and tend to be less likely to report it to the police. However, with the recognition of same sex marriage, LGTBQ+ couples now share the same protections that heterosexual couples do.

What Qualifies as Family Violence in Texas?

Same sex couples can face arrest for family violence in Texas. The typical charges for domestic violence include:

• Domestic assault,
• Aggravated domestic assault, and
• Continuous violence against a family.

But family violence in Texas includes more than just assault. In Texas, the family code defines family violence as:

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 Posted on October 10, 2022 in Uncategorized

No one expects to get into a fight when they head off for some fun at a party or a bar, but sometimes it happens. Passions and tempers can be high if everyone is drinking, and even if you were just defending yourself or someone else, you could end up arrested. In this article, we'll discuss the charges you could face after a fight in a bar or at a party and what you can do about it.

Assault

Depending on the circumstances and whether anyone was injured, you could end up charged with assault after a fight in a bar or at a party.

1. Simple Assault

You may face a charge for simple assault if you knowingly, recklessly, or intentionally:

• Cause bodily injury to someone else,
• Threaten another person with bodily injury, or
• Make or cause physical contact with someone else, knowing they would find it inflammatory, provocative, or offensive.

Simple assault is typically a misdemeanor in Texas, but the level may change depending on the circumstances of the alleged crime. Simple assault is typically a Class C misdemeanor if there are no injuries and is typically punishable by up to a $500 fine. Assault may be a Class B misdemeanor if it involves attacking a sporting official during a game or match and is punishable by up to 180 days in jail and a $2,000 fine. However, simple assault may become a Class A misdemeanor if you fight an elderly or disabled person or if you injure someone. A Class A misdemeanor conviction can come with up to a year in jail and a $4,000 fine.

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 Posted on October 10, 2022 in Uncategorized

Increases in Psychedelic Drugs and Driving

The public appears to be taking a greater interest in psychedelic drugs to the point that millions of Americans are using them. For some, using psychedelic drugs seems more adventurous and experimental than dangerous or addictive. But psychedelic drugs aren't just for the adventurous. Media reports suggest that psychedelic drugs may be moving from the fringes of medicine to medicine's mainstream and that we may even see a revolution in the psychiatric use of psychedelic drugs. Whether the increased use of psychedelics is just another passing cultural phase or instead a genuinely therapeutic development, the fact that more Americans are using psychedelics means that more Americans are driving under their influence. One National Library of Medicine study indicates that about one out of ten psychedelics users report driving under their influence. If you face a Texas DWI charge relating to a psychedelic or hallucinogenic drug, retain DWI Specialist attorney Doug Murphy for your aggressive and effective defense. You need premier DWI defense for any such charge.

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 Posted on October 10, 2022 in Uncategorized

The Problem of a Second or Subsequent DWI

Most drivers know that second, third, fourth, or subsequent DWIs generally bring progressively stiffer penalties. Those stiffer penalties should make sense: if a drunk driver doesn't learn the lesson after a first DWI, the stiffer penalties of subsequent DWIs should bring home the lesson. Progressively stiffer penalties are the law in Texas as elsewhere. But what happens if the first DWI or DUI was in another state other than Texas? Would Texas treat its own DWI charge as the first, or would it count the DWI or DUI in the other state so that the Texas DWI charge would become the second or subsequent? The short answer is that generally, a DWI or DUI conviction in another state can serve to exchange for the DWI charge in Texas. That general rule, however, doesn't mean an automatic second or subsequent DWI conviction. Your defenses of a second or subsequent DWI are generally just as good as if the charge was for your first DWI. That means that you should defend and defeat the new DWI charge for your best possible outcome. If you face a Texas DWI charge after already facing DWI or DUI charges in another state, retain DWI Specialist attorney Doug Murphy to ensure your best possible outcome. Defend and defeat the subsequent charge to avoid enhanced penalties.

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 Posted on October 10, 2022 in Uncategorized

Rising Marijuana and Alcohol Use Leads to DWI Charges

Therapeutic and recreational use of marijuana, whether smoked, chewed as gummies, or otherwise consumed, is clearly on the rise nationally and across Texas. Texas hasn't joined the many states legalizing marijuana for recreational use, only for very limited therapeutic use. But some jurisdictions across Texas aren't enforcing laws criminalizing marijuana use. And legal or not, marijuana use remains on the rise. Indeed, marijuana is readily available at some Texas clubs or other party locations, right along with alcohol. The availability of both marijuana and alcohol raises an important question: what double-whammy DWI charge could you face for driving after smoking marijuana and drinking alcohol? The answer is the same DWI charge you'd face for either smoking marijuana or drinking alcohol and driving. Doing both, smoking pot and drinking alcohol, may just make the Texas DWI charge harder to defend and easier to prove. If you face a Texas DWI charge alleging both alcohol and marijuana use, retain DWI Specialist attorney Doug Murphy for your best defense. Get the help you need to defend and defeat the charge.

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 Posted on October 10, 2022 in Uncategorized

Domestic violence is a serious problem in Texas and across the country. According to the Texas Department of Public Safety, there were nearly 200,000 domestic violence incidents in the state in 2011, involving more than 194,000 domestic violence offenders. According to a study by the University of Texas at Austin, 37.7% of Texas women and 26.8% of Texas men have experienced intimate partner violence. At the same time, police estimate that victims report fewer than 50% of all domestic violence incidents. Domestic violence is a widespread problem that harms families and children. But if you're facing accusations of domestic violence and want help understanding your impulses and holding yourself accountable, there are many options in the Houston area.

You should also seek legal guidance to ensure that an expert in criminal defense law is also protecting your rights. Charges for domestic assault include both misdemeanors and felonies, with, in some cases, ten to 20 years in prison. Texas law limits alternatives to jail or prison time for domestic violence convictions. However, a deferred adjudication may be possible for a first conviction if the judge believes it's in the victim's best interests.

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