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Recent Blog Posts

Texas DWI Intoxication Assault FAQs - Part 2

 Posted on June 18, 2024 in Uncategorized

Texas DWI Assault LawyerIntoxication assault is a felony offense in Texas. The most common type of intoxication assault is when a drunk driver causes an accident and injures someone. This crime is far more serious than a simple DWI. If you are charged with intoxication assault, you could face more than a year in prison if you are convicted. It is important to have a well-qualified Houston, TX intoxication assault attorney defending your rights. 

Would Slugging Someone Constitute Intoxication Assault? 

No. For a prosecutor to charge a defendant with intoxication assault under Texas Penal Code Section 49.07, the defendant must have been operating a motor vehicle or another qualifying piece of equipment (see the next answer). Simply striking another person with a fist while intoxicated would not constitute intoxication assault under Texas Penal Code Section 49.07.

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Texas DWI Intoxication Assault FAQs - Part 1

 Posted on June 14, 2024 in Uncategorized

Texas DWI LawyerIf someone got hurt, your DWI is probably going to be treated as a felony offense. Our state’s laws against driving while intoxicated are meant to protect the public from being injured by drunk drivers. Although the term “assault” usually means intentionally attacking someone, you do not need to have meant to hurt anyone to get charged with intoxication assault. Most drunk drivers do not intend to cause an accident and truly believe that they will reach their destination safely. If you are up against intoxication assault charges, you need an experienced Houston, TX DWI defense lawyer.

What is Intoxication Assault? 

Under Texas Penal Code Section 49.07, intoxication assault is the felony crime of causing, by reason of intoxication, the serious bodily injury of another, while operating a motor vehicle in a public place. In plain terms, intoxication assault is what Texas calls the DWI crime when the intoxication causes serious injury to another. If you seriously hurt someone in a DWI motor vehicle accident, you may face an intoxication assault charge.

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What is Obstruction of the Federal Justice System?

 Posted on June 11, 2024 in Uncategorized

Texas Criminal LawyerObstruction of justice at the federal level is extremely serious in all its forms. The term “obstruction of justice” is an umbrella term that refers to a lot of different specific offenses. Just like the term “drug crime” might refer to possession of cannabis without a medical license, distribution of cocaine, or trafficking heroin into the country, “obstructing justice” might refer to tampering with a witness, influencing a juror, or a host of other offenses. Generally speaking, obstruction of justice means making any attempt to stop law enforcement or the courts from carrying out their duties in accordance with the law. If you are charged with obstructing justice at the federal level, you need an experienced Houston, TX federal crimes attorney

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DWI With Multiple Child Passengers - Part 7

 Posted on June 04, 2024 in Uncategorized

Houston Drunk Driving LawyerA felony DWI charge involving multiple child passengers can sound like a very bad DWI charge. The prosecution's inevitable stance will be that the conduct exposed multiple children to harm, making the crime much more reprehensible than the basic misdemeanor DWI charge. But the same circumstances that make a felony DWI with child passengers charge appear especially reprehensible could, with a skilled Houston, TX DWI defense lawyer’s representation, turn a case more to the defendant's favor. It is possible to defeat this charge entirely, or in some cases, to have it reduced to a misdemeanor DWI. 

Defense Themes for DWI With Child Passengers Charges

Many DWI arrests occur after the defendant has just left a bar, club, or other social outing. Parents, though, generally transport their children for very different, and arguably much better, reasons. Your DWI arrest with your children may have occurred not coming home from a bar or club but instead on the way to or from school, grocery shopping, medical care, visits with relatives, or other laudable and even important family activities. 

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DWI With Multiple Child Passengers Part 6

 Posted on May 29, 2024 in Uncategorized

Texas DUI LawyerIf you have been charged with a felony DWI for driving intoxicated with multiple child passengers, the stakes are high. You need an experienced DWI attorney to represent you. Texas law and court rules offer several key protective criminal procedures that enable your DWI defense attorney to raise and advocate these defenses. It is not enough to have a defense. Your defense attorney must be skillful and effective in deploying the defense to your best advantage. Criminal procedures determine how, when, and where your Houston, TX DWI lawyer can raise and argue these defenses to gain dismissal of the felony DWI charge, charge reduction, or another advantage.

Protective Procedures for DWI With Child Passengers Charges 

Premier Texas DWI defense attorney Doug Murphy may be able to invoke one or more of the following criminal procedures for your effective defense of felony DWI with child passengers charges:

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DWI With Multiple Child Passengers Part 5

 Posted on May 20, 2024 in Uncategorized

Houston DWI Defense AttorneyGetting arrested does not mean that you will definitely get convicted. You have rights when you have been charged with a crime. You have rights when a police officer pulls you over and while you are in custody. Although getting charged with a felony DWI for carrying multiple child passengers puts you in a precarious legal position, an experienced Houston, TX DWI defense lawyer might find that you have a strong legal defense available. 

Defending DWI With Child Passenger Charges 

Fortunately, you and your retained DWI defense attorney have much you can and should do to fight felony DWI with child passengers charges. Just because you face a felony DWI charge does not mean that the court will convict you of that charge. When you retain a skilled and experienced DWI lawyer for your defense against a DWI with child passengers charge, your attorney may raise and advocate for multiple affirmative defenses to the charge. Prevailing on any one or more of these defenses could result in the prosecution abandoning or reducing the felony DWI charge, the court dismissing the felony DWI charge, or the prosecution offering an acceptable plea bargain. 

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DWI With Multiple Child Passengers Part 4 

 Posted on May 15, 2024 in Uncategorized

Houston Criminal LawyerIf you have been arrested for a DWI while carrying multiple child passengers, you are in a very serious situation. Not only could you face serious criminal penalties, but if you were driving while intoxicated with your own children in the car, you could also face civil consequences–including having the children removed from your home. Child Protective Services will almost certainly get involved due to mandated reporting laws. The main reason why DWI with a child passenger is automatically a felony charge in Texas is because it is a form of child endangerment, as intoxicated drivers are very likely to get into an accident. Fortunately, there is a lot an experienced Houston, TX felony DWI defense lawyer can do to protect you. Having skilled representation is essential. 

Child Removal for DWI With Multiple Child Passengers

Removal of the children from the defendant parent's home is an even bigger risk in the case of a DWI charge with multiple child passengers. The felony DWI charge is serious, but the removal of children could be just as serious or more serious as a collateral consequence of the felony charge. Texas's Family Code requires officials who suspect child endangerment or abuse to report the concerns to Child Protective Services. Texas prosecutors construe a DWI charge with child passengers as reportable endangerment under the Family Code. 

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DWI With Multiple Child Passengers Part 3

 Posted on May 08, 2024 in Uncategorized

Houston DWI LawyerThe felony DWI with child passenger charge has the important public policy purpose of protecting child safety. The child need not have suffered any injury to sustain this charge. Serious bodily injury to another due to the intoxicated operation of a motor vehicle in a public place is a separate Texas felony crime called intoxication assault. The policy behind the child passenger DWI crime presumes that the child is at risk of injury or other harm while in a vehicle whose operator is intoxicated. The felony DWI child passenger crime discourages intoxicated drivers from transporting child passengers. Texas's felony DWI child passenger crime is complete with just one child passenger. If you are arrested for DWI while carrying multiple child passengers, you need a Houston, TX felony DWI lawyer to help you. Your situation is serious even if there were no injuries to any of the children.

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DWI With Multiple Child Passengers - Part 2

 Posted on April 30, 2024 in Uncategorized

Texas Criminal LawyerIn this blog, we will continue our topic from last week and provide more information on DWI with multiple child passengers. Driving while intoxicated with multiple child passengers is a serious felony in Texas. Often, it is parents who are arrested on this charge. For other vehicle operators at certain times of life, having multiple child passengers in their vehicle is not that unusual, even though they may not be parents of multiple children. If you have been charged with a DWI while carrying child passengers, you must immediately seek the advice of an experienced Houston, TX felony DWI lawyer

Other Multiple Child Passengers Situations

School bus drivers and drivers of general transportation buses and vans would be obvious examples. But you do not have to be a bus driver to have multiple children in your vehicle. Parents carpool to take children to school and pick up children after school. Grandparents pick up grandchildren and their friends for trips to the pool, playground, or museum. Teachers and coaches take groups of children to school athletic practices and events, while teachers and volunteers take groups of children on field trips and to band, choir, and drama performances. Aunts, uncles, other relatives, and friends take groups of children to plays, ball games, zoos, and all kinds of other social, cultural, and recreational events. 

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DWI With Multiple Child Passengers - Part 1

 Posted on April 24, 2024 in Uncategorized

Harris County, TX DWI defense attorneyA Texas DWI arrest with multiple child passengers in the vehicle is a very serious matter. When the DWI offense involves a child passenger in the vehicle that the defendant driver was operating when arrested on the DWI, Texas criminal law enhances the typical first-offense DWI charge from a simple Class B misdemeanor all the way to a state jail felony. A Texas DWI with a child passenger is a felony, not a misdemeanor, crime. 

Felony DWI charges involving child passengers can have other serious collateral consequences. Those collateral consequences can include driver's license administrative suspension and potential effects on professional licenses and employment. But the collateral consequences of a DWI with child passengers can also include potentially affecting child custody. 

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