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Houston DWI & What the 12-Step DRE Means

2026-06-08 00:00:00

For most people, the words driving while intoxicated conjure visions of a person inebriated with alcohol behind the wheel of a car. However, there are countless substances capable of intoxication. From prescription drugs to illegal narcotics, these substances present a challenge to law enforcement because all of their training is generally only to determine alcohol impairment.

Unlike the amount of alcohol in the bloodstream, the volume of these substances in the bloodstream cannot be objectively measured because there have not been objectively defined limits for drugs in all persons. The series of tests and observations law enforcement created to use to identify drug intoxication is known as Drug Recognition Expert (DRE) protocol. The DRE protocol is a hocus pocus police tool that has the greatest potential to wrongfully convict a sober and innocent person who is being therapeutically treated by their physician.If you are facing a drug-related DWI charge in 2026, the Houston DWI defense lawyers at our firm are ready to help you challenge this flawed process.

Can You Be Charged With Assaulting a Police Officer if You Didn’t Hurt Them?

2026-06-02 00:00:00

You can be charged with assaulting a police officer in Texas even if the officer was not seriously hurt. However, the more serious felony charge of assault on a public servant usually requires the state to prove bodily injury, along with proof that the officer was lawfully performing official duties. Under Texas law, physical injury is not required for an assault charge to stick. Some assault charges can be based on intentional physical contact that is considered offensive or provocative, or even on a threat alone. The consequences of a conviction can be life-changing. If you are facing this kind of charge in 2026, the Houston criminal defense lawyers at Murphy & McKinney Law Firm, P.C. can help you understand exactly what the state has to prove and what options you have.

What Does Texas Law Say About Assaulting a Police Officer?

Texas Penal Code Section 22.01 defines assault in three ways: physically hurting someone on purpose or by being reckless, threatening someone with physical harm, or making physical contact with someone in a way that is offensive or provocative.

Defending Against Accusations of Texting While Driving After a Crash

2026-05-27 00:00:00

Accusations of texting while driving after a crash are common in Texas. In the immediate chaos of an accident, it is easy for assumptions to form quickly. Once someone points a finger at your phone, the whole narrative of what happened can shift against you. The good news is that an accusation is not proof, and there are real ways to defend yourself. If you are facing a texting while driving citation or criminal charge, our Houston traffic violations defense lawyers can review your case and help you fight back.

Under Texas Transportation Code Section 545.4251, it is illegal to read, write, or send an electronic message on a wireless device while operating a vehicle. A basic first offense carries a fine between $25 and $99. But when a crash is involved, the stakes rise significantly. If someone was seriously injured or killed, you could be facing a Class A misdemeanor with fines up to $4,000 and up to one year in jail under Texas Transportation Code Section 545.4251(c) .

How To Prepare for Your Harris County DWI Trial

2026-05-23 00:00:00

You have made the hard but right decision to fight your DWI charge. After a period of pretrial negotiations, motions, and hearings, a trial is just around the corner. Like most things in life, preparing for the trial is your first and most effective form of defense. Everything during that trial will revolve around you, so everything you do must be prepared and thoughtful. The trial is your means to defend you. It is your means to an acquittal, when possible. It is your means of safeguarding your future and everything that matters to you.

Your attorney, the person who will be guiding you through the process, is the one who will help you prepare. As such, your attorney is the key to a successful trial. If you are facing a DWI charge in Harris County, connecting with Houston DWI defense attorneys early in the process is one of the most important steps you can take.

Who Qualifies for Drug Diversion Programs in Texas?

2026-05-14 00:00:00

If you are facing a drug charge in Texas, you may not have to go through the full criminal court process. Drug diversion programs offer a different path. They let some people avoid a conviction, complete a treatment or education program, and move on with their lives. Whether you qualify depends on the type of charge, your criminal history, and which county is handling your case. If you are hoping to avoid a drug conviction in 2026, our Houston criminal defense lawyers can help you find out whether a diversion program is an option for you.

What Is a Drug Diversion Program?

Drug diversion programs are an alternative to going through a full criminal trial. Instead of court, eligible people complete a set of requirements. These usually include drug treatment, counseling, community service, regular drug testing, and check-ins with a supervisor. If you finish the program successfully, the charges can be dismissed or reduced. That could mean no conviction on your record.

Understanding DWIs Involving Passengers in Texas

2026-05-08 00:00:00

If you have been arrested for "driving while intoxicated" (DWI), you may feel alone as you wonder what will happen over the course of the legal proceedings. However, just because you feel lonely doesn’t mean you were actually alone at the time of your DWI arrest. And the repercussions of having passengers in your vehicle may affect both the charges you face and your defense strategy.

While it's important to understand the passenger's impact on your case, let's correct the record about one thing before we do. You don't have to be alone in this. You shouldn't be.

Instead, you can hire a Houston DWI defense lawyer. With a DWI Specialist, you have someone with you who is not only an expert in the law but also understands your concerns. Someone who can be there, to listen to you, to guide you, every step of the way.

When Can You Use Deadly Force in Texas? | TX Defense Lawyer

2026-05-04 00:00:00

In Texas, you can use deadly force when you reasonably believe it is immediately necessary to protect yourself or someone else from being killed, seriously injured, or the victim of certain violent crimes. Texas has some of the broadest self-defense laws in the country, and the state does not require you to retreat before defending yourself in most situations. But the right to use deadly force has clear limits, and understanding those limits matters enormously if you ever find yourself facing criminal charges in 2026. Our Houston criminal defense lawyers can help you understand how Texas law applies to your specific situation.

What Does Texas Law Say About Deadly Force?

Texas Penal Code § 9.32 is the main statute that covers the use of deadly force in self-defense. It says that you can use deadly force against another when it would be legal for you to use regular force under Texas Penal Code § 9.31. This includes when you reasonably believe that deadly force is necessary to protect yourself against the other person's use or attempt to use deadly force. Deadly force is also justified to prevent certain serious crimes like robbery, murder, sexual assault, or kidnapping.

What if Your Child Is Arrested for DWI in Houston?

2026-04-28 00:00:00

Like most parents, you always want what is best for your children. You dedicate your life to teaching them right from wrong and that mistakes have consequences. Unfortunately, young people sometimes make mistakes or get caught being in the wrong place at the wrong time. Sometimes bad things happen to good people. When your child gets tangled up in legal situations like Driving While Intoxicated (DWI), it is important to be prepared and take the best steps to protect them and their future. In some cases, your child could make the situation worse after the arrest. With your help, you might be able to limit the damage before any damage occurs.

Even though you might be sympathetic to the position your child is in, the courts are unlikely to show them special treatment. In fact, an adult under the age of 21 could face additional charges compared to someone over the legal drinking age. If your child has been arrested for DWI in 2026, our Houston DWI defense lawyer can help protect them.

When Does a Fatal Car Accident Lead to Criminal Charges in Texas?

2026-04-21 00:00:00

A fatal car accident leads to criminal charges in Texas when there is evidence that the driver did something more than make an honest mistake. Not every crash that results in a death will lead to a criminal case. The difference between a tragic accident and a crime comes down to what the driver was doing and how they were acting at the time of the crash. If you’ve been charged with manslaughter or a related charge, a Houston criminal defense lawyer can help you understand what you are up against and what your options are.

What Charges Can Follow a Fatal Car Accident in Texas?

Texas law gives prosecutors several options when someone dies in a car accident. The charge they pursue depends on what the evidence shows about how and why the crash happened. The most common charges include:

What Is the Difference Between a DUI and DWI in Texas?

2026-04-15 00:00:00

Each state has its own acronyms it uses for drinking while intoxicated or under the influence of alcohol or drugs. These acronyms include DUIL (driving under the influence of liquor), DWI (driving while intoxicated), OMVI (operating a motor vehicle while intoxicated), DUI (driving under the influence), OWI (operating while intoxicated), and OUI (operating under the influence). Each state may use one or more of these acronyms.

In Texas, DWI and DUI are used. So, you may ask, what is the difference between a DWI and DUI in Texas? The answer refers to the operator of the motor vehicle's age. In Texas, DUI generally applies to drivers under 21 under a zero-tolerance standard, while DWI applies to drivers of any age who are intoxicated. If you are facing either charge, a Houston DUI/DWI defense lawyer can help you understand what you are up against.

What Is the Difference Between a DWI and DUI in Texas?

Regardless of your age in Texas, it is illegal to drive with a blood alcohol content (BAC) at or above 0.08 percent or to exhibit a lack of control over your mental and physical faculties, meaning, for example, slurring your words or struggling to walk straight. For some persons, however, the legal limit is less than 0.08 percent: (1) persons operating a commercial vehicle and who have a commercial driver's license are not permitted to drive if their BAC level is at or above 0.04 percent, and persons under the age of 21 are not permitted to drive at all with any trace of alcohol in the system.