Posted on December 12, 2022 in Uncategorized

Facing a DWI arrest in Houston can be frightening. You may be worried about possible jail time, losing your license, or whether this can affect your career. But it's important to remember that you are innocent until proven guilty. Moreover, even if a court does convict you, you're human. We all make mistakes. If we learn from our errors and strive to improve, we can move forward without looking back. But if we fail to learn from our mistakes, the consequences can be serious. That's what a Midland man recently discovered after his seventh DWI arrest.

A Conviction for a Seventh DWI

Midland police stopped the man for driving erratically on Loop 250. The Midland Police Department reported that he refused to participate in field sobriety tests or submit to a breathalyzer test. But he freely admitted that he was "highly intoxicated." The police also found "numerous" bottles of alcohol in his car.

On September 30, 2022, the Midland County District Attorney, Laura Nodolf, announced that a jury convicted him and sentenced him to 25 years in prison. This was the Midland man's seventh conviction for DWI, and he won't be eligible for parole until he's served at least one-quarter of his sentence.

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 Posted on December 12, 2022 in Uncategorized

If you're facing a drug DWI for marijuana intoxication, you probably have many questions. Aside from worrying about the possible consequences of a DWI conviction, you may be questioning exactly how a marijuana DWI prosecution works. After all, a stop for a suspected DWI with marijuana isn't the same as one for alcohol. But don't worry. An experienced Texas DWI attorney like Doug Murphy can help answer all your questions and guide your case to the best possible resolution.

What is a DWI and How Does Marijuana Fit In?

In some states, DWI laws specifically apply solely to people with a high blood alcohol concentration. But Texas's DWI law is broader. Under Texas's law, you are "intoxicated" if you:

[Don't have] the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.

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 Posted on December 12, 2022 in Uncategorized

Why DWI Defendants Ask About Chances

Here's what every DWI defendant wants to know: what are my chances of winning or losing on the charge? It's a good question. DWI defendants are right to focus on the outcome. DWI defendants generally know or soon learn that they can have a lot riding on a DWI case. A first DWI conviction can bring jail time up to 180 days, a $3,000 fine, and loss of driving privileges. Aggravating factors like a minor child in the vehicle, blood alcohol of.15 or above, or injuries to or death of vehicle occupants or pedestrians can increase the penalties to up to twenty years in prison and a $10,000 fine. DWI convictions of any kind can also bring collateral consequences like job loss, loss of professional licenses or certifications, loss of security clearances and gun permits, and even deportation if you are in the U.S. on a visa or undocumented. So it's natural that DWI defendants want to know their chances. If a DWI defendant stands no chance of avoiding conviction, then what difference does a defense make?

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 Posted on December 12, 2022 in Uncategorized

A recent news story reports fifty-nine DWI-related arrests made in two weekend enforcement initiatives around the Austin City Limit Music Festival. Austin's Zilker Park hosts the popular annual festival over two three-day weekends. So the Austin Police Department coordinated with the Texas Department of Transportation to conduct a DWI Enforcement and No Refusal Initiative over both Festival weekends. Although word of the first weekend's twenty-eight DWI-related arrests surely got around, the second weekend produced even more, another thirty-one, arrests. Music festivals are supposed to be a rollicking good time. The Houston area offers its own great music fun, like Eleanor Tinsley Park's We Are One Music + Arts Festival. No one goes to a music festival just to endure a DWI arrest. But the rules of the road apply even around music festivals. And the agencies conducting the ACL Music Festival DWI enforcement initiative were quick to point out that safe driving without DWI crashes preserves the fun.

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 Posted on November 11, 2022 in Uncategorized

If you're a regular or occasional user of cannabidiol (CBD) products, you're no doubt concerned about whether using CBD can lead to an unintentional DWI if a police officer mistakes CBD for marijuana or THC. If you're facing an arrest for a DWI while under the influence of CBD or THC, you're no doubt concerned about defending yourself from the charges. Texas has some of the toughest marijuana laws in the country, where using a marijuana vape or gummy can lead to felony charges. As a result, it's a good idea to make sure you understand the Texas laws on using CBD and Texas laws regarding driving while intoxicated.

While CBD products aren't necessarily illegal, if the police believe you are impaired to intoxication in Texas, you could still face a DWI arrest. Moreover, if the amount of THC advertised on your CBD product is incorrect, you could face drug charges. If you're arrested for a DWI or a DWI and drug charges, you should hire an experienced Texas attorney who is an expert in both criminal law and DWI defense.

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 Posted on November 11, 2022 in Uncategorized

Facing an arrest is always frightening. The threat of possible jail time, fines, and damage to your reputation is anxiety-inducing. But if you have joint custody of your children after a separation or divorce, your biggest concern may be what can happen to your custody arrangements. Can you lose custody or visitation? Even if your split was amicable and you and your ex can co-parent without conflict, an arrest, particularly for a serious charge, could throw that into jeopardy. That's why your first step after an arrest should be to hire an expert in criminal defense law to ensure you have the best possible outcome in your case and to discuss the possible effects on your child custody arrangements.

Custody Decisions in Texas

Texas courts typically divide custody decisions into two categories, conservatorship and "possession and access."

1. Conservatorship

Conservatorship refers to who has the right to make major decisions for a child, including medical, educational, and religious decisions. The parents often share these decisions in a joint managing conservatorship. In others, one parent may make all the decisions in a sole managing conservatorship. In determining whether one or both parents make decisions for a child, the court will decide what is in the "best interests of the child." While a joint conservatorship is typical, the court may not choose a joint conservatorship if one parent has a history of abuse or neglect, family violence, alcohol or drug abuse, or abandonment.

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 Posted on November 11, 2022 in Uncategorized

Blackouts after drinking alcohol are a medically well-documented and publicly pretty well-known phenomenon. People don't always remember where, when, and how much they drink. What isn't always so clear to a DWI defendant is the consequence of a blackout. What happens if you've suffered a DWI arrest and charge, but you don't remember drinking? Does the defendant who has no recollection of having had anything to drink before a DWI arrest have a better chance of beating the charge? Wish it were that simple. Just because you can't remember drinking doesn't mean that you'll surely beat the charge. Loss of memory is not generally a helpful factor. That a blackout may be your DWI defense is another DWI misconception. But that doesn't mean that you'll lose the DWI charge. You may have other defenses related or unrelated to your loss of memory. Retain Texas DWI Specialist attorney Doug Murphy for the best outcome on your DWI charge, even if you can't remember drinking.

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 Posted on November 11, 2022 in Uncategorized

The stress of deployments and combats can be challenging for many military service members. And more than half of military members report that they believe seeking mental health treatment would be detrimental to their careers. As a result, perhaps it's not surprising that veterans have much higher rates of binge drinking than the general population. According to the National Institute on Drug Abuse, more than one in ten veterans is diagnosed with a substance abuse disorder, a rate only slightly higher than the civilian population. However, alcohol is the most prevalent substance use disorder among active duty military personnel and veterans, at a rate twice that of the civilian population.

As a result, veterans in Texas may be at higher risk of arrest for driving while intoxicated. According to a 2018 study by the American Addiction Centers, rates of drunk driving and binge drinking increased by 60 percent between 2014 and 2018. If you're a veteran facing a DWI charge in Texas, it's important to remember that an arrest does not mean a court will find you guilty. You need an expert in DWI defense for the best possible result for your case.

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 Posted on November 11, 2022 in Uncategorized

An arrest is frightening. You're undoubtedly wondering what will happen next and where you're going. Many of our clients are also concerned about the possible consequences of a conviction and whether they'll spend time in jail or prison. Also, our clients want to know where they'll be incarcerated if they spend time in jail. In this article, we'll discuss some of our clients' most common questions about the aftermath of an arrest, where the police may hold you, and where you can end up incarcerated after a conviction.

However, the most important thing to remember is that you are innocent until proven guilty. An arrest and a criminal charge do not mean that you'll go to jail or that a court will convict you. After an arrest, the most urgent thing is hiring an expert in criminal defense law like attorney Doug Murphy. An expert in criminal defense can ensure the best possible outcome in your case and protect your rights in the immediate aftermath of an arrest. You don't have to navigate the Houston criminal justice system alone.

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 Posted on November 11, 2022 in Uncategorized

Driving while intoxicated is a serious problem in Texas, and our criminal code can levy serious penalties for a DWI conviction. But we all make mistakes. It can be easy to get arrested for DWI if you have too much wine with dinner or a few too many beers at the game. But a DWI conviction can have serious consequences beyond possible jail time, fines, and a license suspension.

A DWI conviction will appear in a criminal background check and, in some cases, may prevent you from advancing in your career of choice. A DWI can also hurt your reputation, with acquaintances, future dates, and neighbors finding information about your arrest with an internet search. That's why it's a good idea to consult an expert in DWI and criminal defense cases like Doug Murphy to see if you can clean up your criminal record and tackle online information about your arrest and conviction.

Expunction

Expungement or expunction is a process that allows you to have your criminal or arrest records removed from your criminal history with a court order. Under Texas law, you can't expunge a DWI conviction. However, in some cases, you may be able to expunge records related to a DWI arrest that didn't result in a conviction. You may expunge a record if:

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