Posted on August 21, 2026 in DUI/DWI

A police traffic stop can make just about anyone nervous. But when you have had a drink prior to the stop, it can be particularly nerve-wracking. Doug Murphy, Board Certified attorney in both DWI defense and criminal law – one of only two lawyers in Texas to possess both certifications simultaneously – understands a thing or two about what you must be thinking or feeling at the time of the traffic stop and throughout the entire DWI process.

If you're facing this situation in 2026, our Houston DWI defense attorneys can walk you through what you should and should not do if you are pulled over and a DWI investigation ensues.

What You Should and Should Not Do From the Moment You Are Pulled Over

So, you have been pulled over for a traffic stop. Initially, it may have been for a minor traffic violation, but it could turn into a DWI investigation that leads to a DWI charge. Here's what you should do and not do from the time you are pulled over in Houston or any other place in and outside the metropolitan area to your DWI trial begins in Harris County or one of its surrounding counties.

Continue Reading ››

 Posted on August 14, 2026 in Criminal Defense

Tailgating can be considered reckless driving in Texas if it's done with a willful or wanton disregard for the safety of others. Not every instance of following too closely automatically rises to this more serious charge, though. If you're facing a reckless driving charge related to tailgating in 2026, our Houston traffic violations lawyers can help you understand the difference between these charges and build a strong defense.

What Is the Difference Between Following Too Closely and Reckless Driving?

Under Texas Transportation Code Section 545.062, drivers must maintain a safe following distance behind other vehicles. This standard takes into account speed, traffic conditions, and road conditions. A following-too-closely violation generally results in a traffic citation and fine.

Continue Reading ››

 Posted on August 08, 2026 in Criminal Defense

The weather is great. You are out with friends and family on Lake Conroe, Lake Houston, Clear Lake, Seabrook, Kemah, or maybe you drove to Galveston for the day to enjoy the bay. While on your boat, you pop open a beer and take in the sunshine. Then, a police officer spots you with the beer in hand while steering the boat. Before you know it, the officer boards your boat and, after some initial questions, asks you to take a breathalyzer test. Is that even possible, you wonder? It is.

If you're facing a boating while intoxicated charge in 2026, our Houston BWI defense attorneys can help you understand your rights and options. Here is what you should know about drinking and boating in Texas.

Can You Drink Alcohol and Operate a Boat at the Same Time in Texas?

The first thing to know, consuming alcohol on your boat is not illegal in Texas. The second thing to know, consuming alcohol on your boat, even if you are the one operating the boat, is not illegal in Texas – to a certain extent. You can be arrested for consuming alcohol and operating a boat in either of two scenarios:

Continue Reading ››

 Posted on August 04, 2026 in Criminal Defense

A fatal car accident can lead to vehicular manslaughter charges in Texas when the driver is accused of acting with reckless disregard for human life. This might stem from drunk driving, racing, or fleeing from police. Not every deadly crash results in criminal charges.

Texas law draws a clear line between a tragic accident and a crime. That line depends on the driver's state of mind and actions leading up to the crash. If you or someone you love is facing these charges in 2026, our Houston criminal defense lawyers can walk you through what the state must prove and what your defense options may look like.

What Is the Difference Between a Deadly Accident and Vehicular Manslaughter in Texas?

Most car accidents, even fatal ones, are treated as civil matters rather than crimes. If a driver made an ordinary mistake, like misjudging a turn or following too closely, that usually isn't enough to bring criminal charges.

Continue Reading ››

 Posted on July 28, 2026 in Drug Crimes

Constructive possession under Texas drug laws means you can be charged with possessing a controlled substance even if the drugs weren't found directly on your body. This applies as long as the state can show you knew about the drugs and had control over the place where they were found.

If you’re facing a drug possession charge in 2026, our Houston drug crimes defense lawyers can help you understand exactly what the state must prove. We’ll also help you build a defense to fight the charges.

How Does Texas Law Define Constructive Possession in a Drug Case?

Texas addresses drug possession under Texas Health and Safety Code Section 481.115. This law makes it illegal to knowingly or intentionally possess a controlled substance. Possession itself is further defined under Texas Penal Code Section 1.07 as actual care, custody, control, or management of an item. This definition doesn't require the drugs to be found directly on your person. Because of this, prosecutors often rely on constructive possession when drugs are found in a location you had access to. They don't need proof that the drugs were physically on your body at the time.

Continue Reading ››

 Posted on July 22, 2026 in DUI/DWI

What happens when you lie to your own DWI lawyer? Nothing good. That's right. The client who lies to their own lawyer fools no one but their own self. When charged with a Texas DWI, nothing good can come from lying to your own lawyer, especially when that lie is about what really happened leading up to the DWI charge. Clients have every reason to tell their DWI lawyer the whole truth and nothing but the truth. This allows your Houston DUI defense lawyers to deftly navigate your case to mitigate weaknesses and accentuate all the positives to your case.

Why Do People Lie to Their Own DWI Lawyer in 2026?

Clients charged with a DWI probably lie for several reasons, none of them good. A DWI charge can embarrass almost anyone. Some clients probably lie simply to save face and avoid embarrassment. They don't want to share the true details because they don't like how those details make them appear to themselves and others. Look: nothing embarrasses Houston DWI Lawyer of the Year Doug Murphy. As an experienced criminal defense lawyer, attorney Murphy has seen and heard it all, far more than you can imagine. Tell the truth quickly, and get over the embarrassment. Attorney Murphy won't make you feel worse for having told the truth. You'll feel better.

Continue Reading ››

 Posted on July 15, 2026 in Gun Crimes

Texas has some of the most permissive gun laws in the country, but there are still many places where carrying a firearm is illegal, even if you have a license to carry. Many Texans are surprised to discover that carrying a gun somewhere that seems ordinary can result in serious criminal charges. The consequences of a weapons charge in Texas can be severe, and not knowing the law can’t be used in your defense. If you are facing a firearm charge in 2026, the Houston criminal defense lawyers at Murphy & McKinney Law Firm, P.C. can help you understand what happened and fight for the best possible outcome.

What Did Texas Law Change About Carrying Firearms in 2021?

In 2021, Texas passed what is commonly called the Constitutional Carry law. Under Texas Penal Code Section 46.02, most Texans who are 21 years of age or older and are not otherwise prohibited from possessing a firearm can carry a handgun in a holster without a license to carry.

Continue Reading ››

 Posted on July 08, 2026 in DUI/DWI

With drunk driving continuing to be a national issue, advocacy groups have pushed legislatures to institute new laws that would both increase convictions and penalties for drunk driving. One example of these laws is an implied consent law. These provisions allow police to take a sample of the driver's blood or breath, even if the driver objects, in order to determine if a driver's blood alcohol concentration meets or exceeds the relevant legal limit. Texas, with its aggressive policing of driving while intoxicated, is one of the states with an implied consent law. If you are facing a DWI charge in 2026 and have questions about your rights, the Houston DWI defense lawyers at Murphy & McKinney Law Firm, P.C. are here to help.

The basic premise of these laws is that driving is not a right but a privilege granted to you by the state and subject to regulation and limitation. Therefore, if someone obtained a driver's license, they had automatically given the state implied consent to give a blood or breath test anytime they were driving, and the police had probable cause to pull them over.

Continue Reading ››

 Posted on July 02, 2026 in Sex Crimes

Getting a solicitation charge dismissed in Texas is possible, but it takes a strong defense built on the specific facts of your case. These charges carry severe consequences, including jail time, fines, and in some cases, sex offender registration. But keep in mind that you will have the chance to defend yourself. At Murphy & McKinney Law Firm, P.C., we can help you fight for a dismissal or a reduction in charges. If you are facing a solicitation charge in 2026, our Houston criminal defense lawyers look at every detail of your case to build the strongest possible defense strategy.

What Is Solicitation of Prostitution Under Texas Law?

Solicitation of prostitution is defined under Texas Penal Code Section 43.021. A person commits this offense by knowingly offering or agreeing to pay another person for sexual conduct. The offense can be charged even if no money changes hands and no sexual conduct actually occurs.

Continue Reading ››

 Posted on June 27, 2026 in Criminal Defense

When faced with the prospect of going to trial in a Texas DWI matter, it isn't easy to know where to start. The process is confusing. The consequences are severe, and most people do not have a lawyer on call that they can trust.

Because of this, people end up pleading guilty during the initial phases of a DWI case even though they may have legitimate defenses or concerns about violations of their rights. Although these defendants may not realize it at the time, these guilty pleas can cause ripple effects in every area of a person's life for years to come. Don't let that be you.

If you have been charged with a DWI in the Houston metropolitan area, the Houston DWI defense lawyers at Murphy & McKinney Law Firm, P.C. can help. Douglas Murphy is a board-certified expert in DWI defense and criminal law and one of Houston's best DWI defense attorneys. His law firm can help you assess the strengths and weaknesses of your case and assist you in making the best decision for you at every stage of the process.

Continue Reading ››