Posted on January 01, 2019 in Uncategorized

A Houston driver was arrested for driving while impaired after driving the wrong way down the Southwest Freeway. Police caught up with the driver at the Kirby exit, where the vehicle was parked in the main lanes of the highway. The driver's doors were locked and he was asleep inside his vehicle. After being woke up and failing a field sobriety test, the man was arrested on suspicion of driving while impaired.

While the example above is a case where police may have investigated a person for DWI lawfully, it is always important to know your rights during a DWI investigation. Here is a reminder on the Fourth Amendment as it pertains to your rights and DWI charges in Texas.

DWI Charges and the Fourth Amendment

Each and every person in the United States is guaranteed certain rights by the United States Constitution. Among these rights are those afforded by the Fourth Amendment, which states that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." When put into effect with respect to driving, the Fourth Amendment protects a person from being pulled over by a law enforcement officer for no valid reason. Instead, an officer must have reasonable suspicion that a traffic violation or other offense has been committed.

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 Posted on January 01, 2019 in Uncategorized

Imagine you are driving home or to work and a Houston police officer pulls you over. You didn't run a red light. You weren't speeding. You used your turn signal to take a left. In order for a police officer in Harris County, Texas, or anywhere in Texas for that matter, to pull you over, they need reasonable suspicion. You may be surprised to learn that someone left an anonymous tip with the police that you drank before you got behind the wheel.

Is an anonymous tip a justifiable reason to suspect that you have been driving while illegally intoxicated in Texas? Yes, according to Navarette v. California, a 2014 U.S. Supreme Court decision. But there are limits to this liberty and your Harris County DWI defense lawyer will -- or should -- challenge it.

When can Texas Police Use an Anonymous Tip as Reasonable Suspicion?

Thanks to the Fourth Amendment right to be protected against unlawful search and seizure, the police are limited from pulling a person over absent reasonable suspicion that the driver committed some crime. In order for a police officer to respond to an anonymous tip about someone allegedly driving drunk that tip must

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 Posted on January 01, 2019 in Uncategorized

It's late at night and maybe you just left a bar or maybe you didn't, but a police officer pulls you over. You can't recall anything you did wrong. Were you speeding? No. Did you swerve? No. Did you accelerate unexpectedly but for no apparent reason? No. Did you forget to use your turn signal? No. Did you fail to turn on your lights? No. Are your registration tags up to date? Yes. So what's the point of the sirens wailing behind you?

Overzealous Houston police officers and Texas highway patrolmen--that's what.

In Houston specifically and Texas generally, so-called law enforcement agents tend to love the power they wield and they like to do so against unsuspecting persons whom they assume must be driving while intoxicated because it's late at night and/or they were witnessed leaving a bar or nightclub or other entertainment establishment. Many police officers will monitor nightclubs and bars at night, waiting for you to come out and get into your vehicle. They'll follow you for a minute, maybe two, before putting on the sirens. And then once you are pulled over, they'll put on their "gotcha" personas and walk over to your vehicle and ask, "Do you know why I stopped you?" While they wait for an answer, they shine their flashlight into the vehicle to see what they can see.

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 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

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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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