Posted on January 01, 2019 in Uncategorized

Last month was a busy period of time for police officers in the Houston area--Montgomery County police officers arrested 39 people for felony DWI charges in the month of December 2018 alone. If you've been charged with felony DWI in Texas, Doug Murphy is standing by to help.

Felony DWI in Texas

While the majority of cases of driving while impaired in Texas are misdemeanor offenses, several "aggravating circumstances" exist which can escalate a misdemeanor DWI charge to a DWI felony.

Third or Subsequent Offense

The first two offenses of driving while impaired are generally misdemeanor charges. If you are charged with DWI three or more times, however, these offenses will be considered a felony. Third-time DWI offenders can face a penalty of up to $10,000, along with a prison sentence between two and ten years. In addition, your license can be suspended for a minimum of 180 days.

DWI with Serious Bodily Injury

If you were driving while impaired and were involved in an accident resulting in serious bodily injury to a passenger in your vehicle or someone in another vehicle, you will face a charge of intoxication assault, a third-degree felony charge. If convicted, you can face two to ten years in prison, along with a fine of up to $10,000 and a loss of your driving privileges for up to two years.

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 Posted on January 01, 2019 in Uncategorized

CDL truck drivers are in high demand in Texas and that's a good thing because the pay is excellent. The only problem: possessing a commercial driver's license (CDL) carries more responsibility than a normal driver's license. If you have ever been driving your truck after you had a glass of an alcoholic beverage, you may have been surprised to learn what exactly this means. You may have gotten behind the wheel feeling perfectly fine -- and likely were perfectly fine -- but you were still arrested anyway. Don't let this happen to you.

As the want for more CDL truck drivers increases in the Houston, Texas, area, here are some things to keep in mind if you possess a CDL, get a drink with dinner, and then hop into the cab of the truck.

DWI and Commercial Driver's Licenses

A commercial driver's license -- as you likely know -- is a license required for a person to drive a commercial motor vehicle, like a semi-truck, bus, or tractor trailer. With this supplemental license comes more stringent responsibilities with regard to driving while impaired -- whereas the legal limit for driving after consuming alcohol is a blood alcohol content (BAC) of 0.08% for the average driver, a person who is driving a commercial vehicle can be arrested for driving while impaired if his or her BAC is 0.04% or above. This means that for some commercial drivers, operating a commercial vehicle after a single drink can put the driver over the legal limit.

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 Posted on January 01, 2019 in Uncategorized

The holiday season is generally always a busy time for law enforcement officers due to the number of intoxicated drivers on the roads, and Houston, Texas was no exception to the rule this year. Between December 26 and January 1st alone, officers of the Houston Police Department arrested 346 drivers for driving while intoxicated (DWI). For some, the DWI charge occurred while driving with children in the vehicle; for others, the arrest was a subsequent offense of driving while intoxicated.

Driving While Intoxicated (DWI) In Houston

In the state of Texas, an individual can face a charge of DWI "if the person is intoxicated while operating a motor vehicle in a public place." For purposes of this law, a person is deemed to be intoxicated if one of the following conditions is met:

• The person has a blood alcohol concentration of 0.08 or higher; or
• the person does not have "normal use of mental or physical faculties" because of the consumption of alcohol, an illegal drug, or both.

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 Posted on January 01, 2019 in Uncategorized

An incriminating Facebook Live video is working against a Houston resident who was charged with DWI after Christmas. The individual was arrested for driving while impaired following a car accident involving a Houston Police Department patrol vehicle. The patrol car caught on fire following the crash, trapping two police officers inside the vehicle and resulting in burns for both officers.

The Houston district attorney's office plans to introduce into evidence a Facebook Live video that shows the defendant next to a vehicle with beer cans stacked on the hood of the car several hours before the wreck. The defendant attempted to flee the scene of the accident but was later arrested after being found in his apartment complex.

What is Intoxication Assault?

Texas law states that a person commits intoxication assault when a person (a) operates a motor vehicle (b) in a public place (c) while intoxicated and (d) causes serious bodily injury to another person. For purposes of the statute, a serious bodily injury is any:

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 Posted on January 01, 2019 in Uncategorized

For those suspected of driving while impaired in Texas, a field sobriety test or breathalyzer test isn't the only alcohol test a person can face. Officers who believe that a person is driving while impaired by drugs or alcohol can also order a blood sample to be taken to determine whether a person should be charged with DWI.

DWI cases involving blood tests are difficult cases to handle. If you were charged with DWI in Houston and were subjected to a blood test, it's important to obtain the representation you need to defend against your charge to the fullest extent possible.

Can I Refuse to Take a Blood Test in Texas?

Refusal of testing during your arrest comes with hefty consequences. If you refuse to submit to a blood test, your license can be suspended for up to 180 days if this is your first offense of driving while impaired. A subsequent offense can land you with a two-year license suspension. In addition, your refusal to take a blood test can be used against you if you are ever prosecuted for DWI in the future.

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 Posted on December 12, 2018 in Uncategorized

A recent study found that drinking and driving and binge drinking among veterans have increased in recent years. Since 2013, the incidence of binge drinking has increased from 14 percent to nearly 16 percent. Binge drinking is defined by consuming over four drinks for women and over five drinks for men within a two-hour period. In Texas, 18.6 percent of veterans reported binge drinking in 2017.

The study looked at binge drinking among veterans and compared their income levels. Researchers found that binge drinking was at the highest levels in 2017 among veterans with the most annual income.

Researchers found that a major factor related to binge drinking was a post-traumatic stress disorder diagnosis. Around 60 to 80 percent of Vietnam War veterans diagnosed with PTSD also reported problems with alcohol abuse.

Researchers have found that drinking and driving among veterans have increased regardless of sex. The rate of drinking and driving increased from 2014 to 2017 from 1.6 percent to 2.5 percent. The rate among women increased from 0.8 percent to 1.7 percent, while for men, it increased from 1.7 percent to 2.6 percent.

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 Posted on December 12, 2018 in Uncategorized

A Laredo woman was taken into custody on November 30 for allegedly drinking and driving and fleeing the scene of an accident she caused. Officers were dispatched to the scene of an accident involving injuries. When officers arrived, they saw a silver Mazda 6 and a Jeep Liberty with heavy front-end damage.

The driver of the Mazda had sustained a facial laceration as a result of the crash, and emergency medical services were dispatched to treat his injuries.

When police interviewed a passenger in the Jeep Liberty, the passenger informed them that the woman had been driving the car when the crash occurred and had fled the scene on foot. Police identified a woman matching the description provided by the passenger getting into a black Chevy pickup near the scene of the accident.

While police were investigating, the Chevy pickup arrived at the scene, and the woman exited the vehicle. She admitted that she was driving the Jeep when the crash occurred and that she had fled the scene of the accident. She also admitted to drinking prior to the accident. Officers reported that she showed signs of intoxication including slurred speech and bloodshot eyes and that she smelled of alcohol.

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 Posted on December 12, 2018 in Uncategorized

A Killeen woman was sentenced to 3 years probation in the 27th Judicial District after attempting to evade arrest with a minor child in the vehicle.

The officer who conducted the stop stated that he turned on his lights and sirens and honked at the woman but she failed to immediately stop. The woman told an investigating officer that she didn't stop because she didn't want to stop. The officer reported that he could see the driver of the vehicle look into the rearview mirror at his patrol car. She eventually pulled into a driveway and stopped.

According to arrest affidavits, officers noted that when they spoke with the woman they noticed slurred speech and the odor of alcohol. The child in the vehicle was under age 15. A blood sample sent to the state crime lab measured her blood alcohol level (BAC) level at 0.26. The legal limit in Texas is 0.8.

The woman was sentenced to three years probation on each of her charges with the sentences to run concurrently.

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 Posted on December 12, 2018 in Uncategorized

A jury has found a Sunland Park man guilty of intoxication manslaughter after an accident in 2017 caused fatal injuries for a 33-year-old El Paso nurse. The man struck a stop sign, which fell and struck the victim.

Prosecutors told the jury that the man stepped on the gas instead of the brake pedal because he was intoxicated. The man's blood alcohol content (BAC) level was tested at 0.17 after the accident. The legal limit in Texas -- as in all U.S. states apart from Utah -- is 0.08. Prosecutors played video of the man failing sobriety tests for the jury and introduced into evidence receipts showing alcohol purchases from the time shortly before the accident.

The man's public defender argued that the area was inherently dangerous due to construction and the number of pedestrians. The attorney also argued that his client could have become more intoxicated as the alcohol had a chance to be absorbed into his system because the field sobriety tests were administered over 45 minutes after the crash occurred.

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 Posted on December 12, 2018 in Uncategorized

An off-duty Bexar County Sheriff's Department deputy has resigned following an arrest for suspected driving while intoxicated and drug possession. The arrest came after the officer was observed crashing into a concrete barrier.

Sheriff Javier Salazar commented that the former deputy decided to resign rather than undergo an investigation. He had been placed on administrative leave and ordered to submit to a drug test but instead chose to resign later that afternoon.

The former deputy had been with the department for five and a half years. Sheriff Salazar stated that there was nothing remarkable in the deputy's record to suggest that prior disciplinary problems.

Law enforcement officers were dispatched to the scene of the accident after a witness reported seeing a suspected DWI driver. Officers who conducted a search of the vehicle found what they suspected to be hash oil after conducting a field test.

The former deputy was released from jail after posting a $5,000 bond.

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