Posted on November 11, 2018 in Uncategorized

A Houston woman is facing felony criminal DWI charges for allegedly driving drunk with her two small children in the vehicle. The woman wasn't actually behind the wheel at the time of her arrest. She was reportedly slumped over the vehicle's door frame when officers arrived on the scene. Police discovered her two young children fastened into seats in the rear of the vehicle.

DWI and Operation of a Motor Vehicle

It's illegal to drink and drive in Texas. However, the state's DWI laws address behavior that goes above and beyond "driving." According to Section 49.04 of the Texas Penal Code, you can be arrested for DWI if you "operate" a motor vehicle in a public place while intoxicated.

The term "operating" isn't specifically defined in the Penal Code. However, courts have held that the phrase involves much more than simply driving a vehicle from one place to another. According to the Texas Court of Criminal Appeals, the term operate means that a person "exerted personal effort upon his vehicle for its intended purpose." Whether or not someone was operating a vehicle in violation of state DWI law is something that must be considered in light of relevant circumstances.

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 Posted on November 11, 2018 in Uncategorized

A Houston man is facing multiple criminal charges for his role in a tragic multi-vehicle accident. According to reports, the accident occurred when 30-year-old Fernando Carcamo ran a red light and crashed into a truck. The impact of the collision caused the vehicles to crash into a third vehicle. Carcamo was driving his two sons at the time of the accident. His 5-year-old son suffered severe injuries, but his 8-year-old did not survive the crash.

Police initially believed that Carcamo was intoxicated at the time of the accident. However, the driver's blood alcohol concentration was well below the legal limit of.08 percent. It was later determined that he was not intoxicated, but rather incredibly shaken because of the fatal crash. Had Carcamo been drunk behind the wheel he would have likely faced charges for murder, rather than manslaughter.

Behavior After an Accident Can Mimic Intoxication

When police arrived on the scene of the Houston accident they initially believed that Carcamo was intoxicated. However, after an investigation, officers determined that he was not, in fact, under the influence of drugs or alcohol. Instead, his behavior after the accident was merely consistent with that of a person who had consumed certain substances.

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 Posted on November 11, 2018 in Uncategorized

This December, Utah will become the first state in the country to reduce the legal limit for driving while intoxicated from.08 percent to.05 percent. The state's new law comes on the heels of a national poll conducted by the Texas Medical Center Health Policy. The study found that 54 percent of Americans support lowering the legal limit for DWI.

It appears that the state of Texas may be thinking about following Utah's lead. The Texas Medical Center Health Policy found that support for lowering the legal limit is as high as 60 percent. Many even support a limit of 0.0 percent.

Despite support for lowering the limit at which you're legally allowed to drive, there are many concerns about the new law as implemented in Utah that Texas should be aware of.

Lowering the Legal Limit Targets Responsible Drivers

Utah's law is intended to prevent and reduce alcohol-related accidents. However, many fear that lowering the legal blood alcohol concentration limit will unfairly target responsible drivers. Most people who drink know how alcohol affects them. They know when it's safe for them to get behind the wheel. For many, this may include times when their blood alcohol concentration is at or near.05 percent. Under the new law, drivers who are alert, attentive, and responsive -- despite a slightly elevated BAC -- may face criminal charges for their actions. Utah probably doesn't intend for its new law to catch safe rivers in its web, but it's certainly a possible result.

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 Posted on October 10, 2018 in Uncategorized

A 22-year old man was recently stopped by Harris County police on suspicion of DWI after officers witnessed him driving on the wrong side of the road. According to reports, the man was driving westbound in an eastbound lane. During the stop, the driver allegedly attempted to prevent officers from conducting an investigation and was said to have become combative. But -- regardless of these allegations -- he submitted to chemical testing. The test results claimed his blood alcohol concentration was 2.5 times the legal limit. He was arrested and charged with DWI and interfering with public duties.

Can Being Combative With Police During a DWI Stop Aggravate DWI Charges?

Driving while intoxicated, for a first-time offender, is typically a Class B Misdemeanor in Texas. Class B Misdemeanors are punishable by

• 72 hours to 180 days in jail,
• up to $2,000 in criminal fines, and/or

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 Posted on October 10, 2018 in Uncategorized

Last month an 11-year-old boy suffered fatal injuries in a car accident in Edinburg, Texas. According to reports, the boy was riding in a vehicle driven by his father at the time of the accident. Unfortunately, he was not wearing a seatbelt and properly restrained in the vehicle. This likely contributed to the severity of his injuries. He was transported to a local hospital where he later died.

Jose Alonzo Quintanilla, the boy's father, was also hospitalized after the accident. He appeared to be intoxicated when he was questioned by police but refused to consent to a breath test or blood test. Despite his refusal, he was arrested on suspicion of DWI. He is currently facing criminal charges for intoxication manslaughter in connection with the death of his son.

What is Intoxication Manslaughter?

Driving while impaired can at times put a driver and others at risk of harm. This includes passengers in the impaired driver's own vehicle. In an effort to discourage drinking and driving, the state of Texas has passed many strict DWI laws. Under these laws, the consequences of DWI are much more severe when a driver is involved in an accident.

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 Posted on October 10, 2018 in Uncategorized

When you've had a lot to drink and see flashing lights in the rearview, you may panic and have the urge to run. That's exactly what a Houston police officer has been accused of doing. Claude Jackson, 27, was arrested for DWI earlier this month after a 7-mile police chase through Harris County. During the pursuit, Jackson reportedly ran through red lights, changed routes frequently, and was clocked at nearly 120 MPH. In the end, Jackson pulled over and surrendered to local law enforcement officers. His blood alcohol concentration was.15 at the time of his DWI arrest.

Aggravated Charges For High BAC

The legal blood alcohol concentration (BAC) limit in Texas is.08 percent. Jackson had a BAC of.15 percent at the time of his arrest. That's the equivalent of about 7 drinks and nearly twice the legal limit. As a result, he'll face aggravated criminal DWI charges. This is true even if this is the officer's first DWI offense.

Why are DWI charges more severe when a driver's BAC equals or exceeds.15? Drivers with a BAC of .15 percent are likely to experience slowed reaction times, blurred vision, and "severe impairment to judgment, perception, and major motor skills." This increases the likelihood of a dangerous DWI accident. In fact, research shows that drivers are 380 times more likely to be in a fatal car accident when your BAC is at.15 percent than if you were sober.

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 Posted on October 10, 2018 in Uncategorized

A motorcyclist has died nearly one week after a suspected Houston DWI accident. According to reports, 33-year-old Ricardo Lozoya was unable to survive the extent of the injuries he sustained in the October 14th crash. The accident involved 36-year-old Victor Godoy, Jr., who is suspected to have been intoxicated at the time of the accident.

Godoy Jr. was arrested on suspicion of DWI after the early morning accident. Police records indicate that this DWI event is not the driver's first DWI offense. He was convicted of DWI in 2013 and ordered to spend 180 days behind bars. Because of this prior conviction, Godoy will face criminal charges for a second DWI. Since the motorcyclist died from his injuries, it's also possible for Godoy Jr. to face charges for intoxication manslaughter.

Is a Second DWI a Misdemeanor or a Felony?

If you have already been found guilty of DWI the stakes will be higher if you're ever arrested again. A second DWI is typically charged as a Class A misdemeanor in Texas. A Class A misdemeanor is the most serious crime you can commit without being charged with a felony.

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 Posted on October 10, 2018 in Uncategorized

The fact that you've been charged with a DWI can stay with you for the rest of your life. The record will show up anytime someone runs a criminal background check or takes an in-depth look into your past. In today's technology-driven world, a simple internet search can yield a lot of information about your prior run-ins with the law.

Back in 1998, Beto O'Rourke -- current candidate for the United States Senate - was arrested for DWI in Anthony, TX. Thanks to a diversion program, O'Rourke was never technically convicted of the offense. However, the fact that he was arrested for DWI when he was 26 has been a central issue in his fight for the Senate seat against incumbent Ted Cruz.

Why Was Beto O'Rourke Arrested for DWI?

According to the police report, O'Rourke was speeding, lost control of his vehicle, and struck a truck in a nearby lane. This caused his car to cross the center median and come to rest in front of oncoming traffic. O'Rourke then allegedly got out of his vehicle and began to walk away from the scene before he was stopped by a reporter. O'Rourke contests this allegation.

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 Posted on October 10, 2018 in Uncategorized

In September, more than 50 people were arrested on felony DWI charges in Houston. Most felony arrests were based on the fact that drivers had at least two prior DWI convictions. Nine drivers, however, were arrested for felony DWI because they had a child with them in the vehicle. Driving while intoxicated with a child is always a felony in Houston, whether it's your first or fourth offense.

Aggravating Factors in Houston DWI Cases

Without any aggravating factors, driving while intoxicated (DWI) is a Class B Misdemeanor for first-time offenders. Aggravating factors elevate the seriousness of a crime. When aggravating factors are present in a case, the potential charges and penalties can be enhanced.

Examples of aggravating factors can include:

• Driving with a blood alcohol concentration at or above.15 percent
• History of DWI convictions
• Getting into an accident
• Causing another person to suffer an injury, and

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 Posted on October 10, 2018 in Uncategorized

A Galveston County man recently learned the hard way that driving while intoxicated can have serious consequences. According to reports, the man was found while passed out in his SUV in a parking lot, surrounded by empty beer bottles. Chemical tests showed that his blood alcohol concentration was greater than.13 percent.

At trial, the jury was told that the man had several prior criminal convictions, including at least two others for DWI. After deliberation, the jury determined that the man was guilty of this most recent DWI offense. The defendant also chose to let the jury decide his sentence, which could range from between 25 years and life. The jury, after considering his history of DWIs, decided that he should spend the rest of his life behind bars.

Felony DWI in Texas

For most people, first DWI and second DWI offenses will be misdemeanors in the state of Texas. Things change when you are arrested for DWI and have at least two prior convictions. At this point, you'll be facing felony DWI criminal charges. The charges and penalties you'll face will become more severe with each additional conviction.

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