Posted on February 02, 2022 in Uncategorized

When you're facing a possible arrest for a DWI stop, you may be panicked and unsure how to act or what to say. But it's important to remember that an arrest for a DWI does not mean a court will convict you. You are innocent until proven guilty, and you can't panic or appear uncooperative to the police. If you do, you could get hurt. The family of a Houston-area man is now grieving after their son's arrest interaction with the Harris County Sheriff's Department.

On October 10, 2021, a Houston man was involved in a single-car accident. When the police arrived on the scene, they arrested him for an open Justice of the Peace Warrant – he had an unpaid fine of $279.70 for failure to appear in court for not having a driver's license. After police handcuffed him and placed him in the vehicle, police allege he was uncooperative, and they tased him with a "drive skin." In a "drive skin," police place electrodes directly on the body and then use the taser. According to his attorney, "they send 50,000 volts directly into your body. He received that kind of treatment after he had been handcuffed after he was placed in the police vehicle."

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 Posted on February 02, 2022 in Uncategorized

An arrest for a DWI is a frightening experience. You may be unsure what's happened or why you're facing an arrest when you don't believe you were drunk. Plus, you don't know what will happen next or the consequences if a court convicts you. Even worse, you can end up in jail overnight or until the court decides to release you on bail or bond. Unfortunately, the horrible things we've all heard about what can happen in lock-up can be true, as a Texas man recently discovered while in Harris County detention after a DWI arrest.

Attacked in Harris County Lock Up

On November 29, 2021, police arrested the man for DWI with a child in the car, a state jail felony. After feeling unsafe in his unit, police moved him to a holding center but moved him back at 3 pm. When he said he felt unsafe after other inmates were throwing gang signs, guards refused to move him, even after saying he would "pleasure himself" in the cell if they didn't. When he proceeded to do so, other inmates asked the guard if they should jump the man. The guard reportedly replied, "Hurry up. I'm about to get off work."

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 Posted on February 02, 2022 in Uncategorized

When serving in the military in Texas, you're probably more concerned with injuries during a deployment or in the field than getting arrested for drunk driving. But for National Guard troops recently stationed at the U.S.-Mexican border, DWI charges turned out to be a big concern.

National Guard Arrests on the Border

According to a recent investigation from the Army Times:

Leaders initiated more than 1,200 legal actions, including nonjudicial punishments, property loss investigations, Army Regulation 15-6 investigations, and more. That's nearly one legal action for every three soldiers. At least 16 soldiers from the mission were arrested or confined for charges including drugs, sexual assault and manslaughter. During the same time period, only three soldiers in Kuwait, a comparable deployment locale with more soldiers, were arraigned for court-martial.

Soldiers also faced more than three times as many car accidents as usual, including 500 incidents involving $630,000 in damages. Troops also faced three deaths, including one soldier who died in a suspected DUI. Alcohol-related incidents reportedly became so bad that senior leaders issued breathalyzers.

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 Posted on February 02, 2022 in Uncategorized

When you see those blue lights flashing behind you, it can be frightening, particularly if you've had a drink or two and you worry that the police may think you're intoxicated. But it's always best to pull over. Continuing to drive, making the police think you're trying to flee the jurisdiction, will never end well, and it could get you in even more trouble. A Shelbyville man recently discovered how dangerous it could be when you attempt to flee the police from one jurisdiction into another.

Flight from Shelby County to St. Augustine County

According to the Shelby County Sheriff's Office, on November 30, 2021, police spotted the 32-year-old man when they went to a Shelby residence for a welfare check. The police knew he had an outstanding warrant and followed as he attempted to flee in a car across a ditch. The man then led police on a chase through Shelby County. As he approached the St. Augustine County line, an officer from that county's sheriff's department did a PIT maneuver, bringing the chase to an end. Police then took him into custody, and he now faces charges of:

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 Posted on February 02, 2022 in Uncategorized

An arrest for a DWI is stressful and frightening. You're undoubtedly worried about the repercussions of a possible criminal conviction, but should you also worry about a civil lawsuit? Who can face a lawsuit after a DWI? A recent verdict in a lawsuit against Beer Belly's Sports Bar in Corpus Christi and its owner demonstrates what could happen.

Civil Lawsuits Against Bar or Restaurant

In the Beer Belly's Sports Bar case, a grandmother and her teenage granddaughter were killed by a drunk driver in 2017. The driver, who also died in the crash, had a blood alcohol concentration of.236, almost three times the legal limit in Texas. Servers at Beer Belly reportedly served him eleven drinks and continued to serve him after he was visibly intoxicated.

In December of 2021, a jury awarded the grandmother and teen's family more than $301 billion. CNN reported that the family's attorney doesn't believe the family will see any of the awarded money. Nonetheless, the family pursued the lawsuit to send a message to restaurant and bar owners that overserving alcohol to customers is never acceptable. In Texas, a bar or business can face criminal charges under our state's dram shop law. However, civil lawsuits from victims are also a serious possibility.

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 Posted on February 02, 2022 in Uncategorized

As Americans and Texans, we like to think we make our own choices fiercely and independently. But there's no denying that bars, entertainment venues, sporting events, restaurants, and alcohol industry marketing all affect the way Americans drink. Whether the marketing features Spuds McKenzie having fun on the beach or the majestic Budweiser Clydesdales trotting in before a football game, we associate alcohol with so many major events in our lives.

Moreover, it's not just teens or young people influenced by alcohol and advertising; research shows that all of us are exposed to romantic, fun, and sexy messages about alcohol that permeate how and where we consume alcohol in our daily lives. With this awareness comes the question of how much responsibility alcohol producers, retailers, and sellers should take to ensure that Americans consume alcohol responsibly? One well-known alcohol manufacturer is stepping up to make alcohol consumption safer for everyone with a new "Safe Night" program launching in Dallas.

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 Posted on January 01, 2022 in Uncategorized

If the police pull you over for a traffic violation, did you know that they can parlay this into arresting you for DWI? We all think of traffic stops by Houston police as stops intended to keep the public safe. If a driver is running red lights, speeding, or driving while texting, we can all see the value in stopping these dangerous behaviors. But according to a recent Houston Chronicle report, one in five of Texas's 2,500 law enforcement agency stops were for so-called "vehicle violations." A vehicle violation is a stop for something wrong with the car, such as a broken or burned-out taillight, a partially obstructed license plate, or an expired registration.

Unfortunately, law enforcement agencies often use vehicle violations as a pretext to stop a driver and interview them, look inside their car, and search for contraband or illegal activity. According to La Vernia's chief of police, his officers stop drivers with vehicle violations as a "courtesy." But he also told the Houston Chronicle that they also use this as an opportunity to look for crimes, stating drivers "may not have a driver's license, they may not have insurance. They may have dope in the car." He compared traffic stops to further probe drivers to guns and handcuffs as "just another tool to keep the community safe."

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 Posted on January 01, 2022 in Uncategorized

Around holidays and big events, we've all become used to seeing flashing blue lights set up on the side of the road pulling people over. We take roadblocks and drunk traps for granted now, and the police bill them as an important safety measure to protect Texas communities. But do these roadblocks really get dangerous drivers off the street? According to recent reports in the Houston Chronicle, Texas law enforcement agencies often use these stops as pretexts to search for illegal activity and inconvenience many innocent people along the way.

The Chronicle reports that deputies search four of every ten drivers they stop in some communities like Henderson County. Only one in five of these stops resulted in an arrest. In contrast, in the Texas Department of Public Safety, Texas's busiest traffic enforcement department, officers searched only about five percent of the drivers they stopped. This rate is one-eighth as high as Henderson County. In Texline, a small panhandle community, officers searched one in three drivers they stopped.

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 Posted on January 01, 2022 in Uncategorized

The last week of November was a deadly time for crashes in Houston. In a span of ten days, six people died, including two 16-year-olds. The police suspect that drinking and driving was a factor in several of the crashes. Being arrested for a suspected DWI is always scary, but when you've also been involved in a serious accident, it can be even more stressful. You could be facing serious or life-threatening injuries, and a hospital stay. The criminal justice system can be difficult to navigate, even for someone perfectly healthy, but what happens if you're in the hospital, disabled, or have memory loss?

What Happens if I'm Injured?

If you're seriously injured in a crash and the police suspect you were drinking and driving, you probably have many questions about your rights. It's imperative that you understand what the police and medical professionals can do without your consent and that you have someone protecting your rights.

Can the Police Take My Blood While I'm in the Hospital?

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 Posted on January 01, 2022 in Uncategorized

If you're facing a charge for DWI, you could be worried that this may be the end of your career or your reputation in the community. But it's important to remember that a DWI arrest is not the end of the game. You are innocent until proven guilty, and a strong defense can get you back on track. A perfect example of a come-back story is football coach Joey McGuire.

In 2015, Cedar Hill ISD football coach McGuire faced a DWI in Tarrant County. The arrest came after McGuire led his team to three state championships and turned down a coaching job at the University of Texas to coach his son at Cedar Hill. After his arrest, the school announced:

Cedar Hill ISD Head Football Coach Joey McGuire was arrested in Tarrant County early Friday morning, April 10, 2015, for an alleged Driving While Intoxicated incident. Coach McGuire voluntarily reported the incident to CHISD Administration as soon as he was able to do so. We are still in the process of gathering information and will handle any discipline internally and take appropriate action.

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