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 Murphy & McKinney 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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 Posted on February 02, 2023 in Uncategorized

Living in a foreign country can be exciting as a teen or young adult. The opportunity to live and attend school in the U.S. is an adventure that about one million foreign high school and college students take each year. But what happens if you're arrested for driving while intoxicated in the U.S.? There can be serious consequences for international students who drink and drive. But this isn't something you have to figure out on your own. An expert in Texas DWI defense can help.

DWI in Texas

Texas takes drinking and driving seriously and has some severe penalties for DWI convictions. You can face a DWI charge in Texas if you are driving a vehicle in public while intoxicated. However, whether you are "intoxicated" can sometimes be a subjective judgment. Under Texas law, you can be "intoxicated" if you:

• Have a blood alcohol content of.08% or higher, or.04% if you hold a commercial driver's license, or

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 Posted on February 02, 2023 in Uncategorized

These days, dating someone you've met on the internet is just as common as meeting someone at work, at school, or via friends. It's no big deal. But with internet dating also come some modern pitfalls. It's important to understand internet dating etiquette and how actions can sometimes be misinterpreted. After communicating with someone online or having a few dates, you may want to know more about someone. But investigating too closely or engaging in some repetitive behaviors may be considered threatening by a potential love interest.

Harassment

A potential problem arising from the overzealous pursuit of an online dating partner is harassment, particularly online. Under Texas law, harassment can happen if you:

• Make an obscene comment or request after initiating communication,
• Intentionally alarm someone by telling them that someone died or was seriously injured when it's not true,

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 Posted on February 02, 2023 in Uncategorized

Sometimes Texas laws against driving while intoxicated can seem overly stringent. After all, what's the big deal about driving after a drink or two? But these laws are in place to keep drivers and those around them, including pedestrians and bicyclists, safe. A good example of why we need these laws happened recently in Houston.

Pedestrian Killed on I-45

On February 20, 2023, a man died when he was hit by a car while trying to cross I-45 in Houston on foot shortly after midnight. He was initially hit by a white Nissan and flipped over the car, where he was then hit by another car. Paramedics pronounced the man dead at the scene. According to the police, the driver of the Nissan that initially hit the pedestrian showed signs of intoxication at the scene. The police are still trying to determine if they will file charges.

Driving While Intoxicated in Texas

You can face charges for DWI in Texas if you are:

• Operating a vehicle,

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 Posted on February 02, 2023 in Uncategorized

No one means anything they say online, right? While you may assume that anything heated you say online will be tossed aside as an "online rant," that's not always the case. And if you direct your online rant at a family member or someone you're dating, you could find yourself facing allegations of domestic violence. Under Texas law, domestic violence goes beyond hitting, kicking, or other acts of physical violence. It also includes actions like stalking, harassment, threats, and emotional abuse. But can you go to jail for things you write on the internet? Is it domestic violence?

The Texas Family Violence Statute

Whether your actions fall under the Texas family violence statute will depend on your relationship with the alleged victim and your actions against them. Illegal acts against someone who is a household, family member, or dating partner may qualify as domestic violence. See Tex. Fam. Code § 71.004(2017).

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