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Aggravating Factors in DWI Cases

Posted on in DWI

Collin County DWI defense lawyerA Carrollton police officer was killed while assisting another officer with a driving while intoxicated (DWI) investigation in the westbound lanes of 1905 East President George Bush Turnpike last month. The 82-year-old driver who struck the squad car was pronounced dead at the scene.

While the scene of the crash was a DWI investigation, that was a separate case. However, the accident is a good reminder for all people to be aware that DWI charges in Texas can be enhanced when people are involved in motor vehicle accidents that involve police officers. There are many other reasons that people can face aggravated criminal charges.

Types of Aggravated DWI Charges

DWI is generally a Class B misdemeanor offense, but a person can face Class A misdemeanor charges when they have a breath or blood alcohol concentration (BAC) of 0.15 or more. A DWI committed with a child passenger, meaning a passenger less than 15 years of age, is a state jail felony.

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Intoxication Manslaughter Remains Too Common

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Collin County DWI accident defense lawyerOctober saw no shortage of intoxication manslaughter cases in Texas, with multiple people facing these kinds of charges for serious motor vehicle accidents. On October 26, 2022, a 27-year-old man was facing intoxication manslaughter charges after wrapping his Hyundai Elantra around a utility pole on West Commerce near Northwest 36th Street in San Antonio and attempting to flee the scene although police officers were able to apprehend him.

That same day, the bond amount for a 21-year-old man initially arrested and charged with intoxication assault with a vehicle although a Smith County grand jury later increased the charge to intoxication manslaughter for the death of a Smith County deputy was reduced by a quarter of a million dollars from $750,000 to $500,000. One day before those stories, a 30-year-old man was facing intoxication manslaughter charges after his black sedan crashed into a 24-year-old man working to repair his sister’s car stranded on the shoulder of a Harris County toll road in the Houston area.

How Intoxication Manslaughter Charges Work in Texas

Texas Penal Code § 49.08 establishes that a person commits an intoxication manslaughter offense if they operate a motor vehicle in a public place and are intoxicated and by reason of that intoxication causes the death of another by accident or mistake. This crime is classified as a second-degree felony.

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Can You Get a DWI for Prescription Medicine? 

Posted on in DWI

Plano DWI Defense LawyerMost adults take prescription medications from time to time. Whether a person takes antibiotics for an infection, pain medicine for a sports injury, psychiatric medicine for a mental illness, or another type of medication, it is important to know how prescription medication can lead to DWI charges.

If you or a loved one were charged with DWI for driving while taking prescription medication, it is essential to seek legal assistance as soon as possible. A DWI lawyer in your area can review your case and help you determine the best course of action.

People Taking Legal, Prescription Medication Can Be Charged With Intoxicated Driving

In Texas, driving while intoxicated does not only refer to driving under the influence of alcohol. The Texas penal code states that "intoxicated" is defined as not having normal use of physical or mental facilities because of:

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Prosper Writ Bonds AttorneyReceiving a phone call from a family member who has just been arrested for drunk driving can be shocking and confusing. If you do not have much experience with the criminal justice system, you may be unsure of what to do. You may be overwhelmed with questions like, "Will my loved one go to jail? Can I bail them out? What are the next steps after a DWI charge?"

The first step is to remain calm. It is important to remember that being charged with a DWI does not mean that your loved one is automatically guilty. They are entitled to a fair trial, and it will be up to the prosecutor to prove their guilt beyond a reasonable doubt. There are a few things you can do to help your loved one through this difficult time.

Look Into Getting an Attorney Writ Bond So He or She Can Leave Police Custody

After a Texas DWI arrest, your loved one will likely be taken to the police station for processing. Once they have been processed, they may be eligible for an attorney writ bond. Typically, an arrested person has to wait in police custody until they can see a judge. This can take as long as two or three days. An attorney writ bond can get a DWI defendant out of jail within a matter of hours. You may be able to secure an attorney writ bond for your loved one without even leaving your home.

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DWI lawyerPolice officers have a substantial amount of authority in the United States. However, police authority is not unlimited. Officers must adhere to certain rules and procedures during arrests and investigations. When police make procedural errors or other mistakes, it can have a significant impact on the outcome of a case. If you were arrested for driving while intoxicated, it is important to understand how improper police actions can improve your chances of avoiding conviction.

Lack of Justification for Traffic Stop

Individuals in the United States have a right to a certain level of privacy. Police and other government officials cannot detain people without justification. To pull a driver over for a traffic stop, police must have a reasonable suspicion that the driver committed a traffic violation or other crime. If a DWI arrest follows a traffic stop for which there was no justification, the charges could be dismissed.

Lack of Probable Cause for DWI Arrest

Just as officers must have reasonable suspicion of a crime to pull someone over, officers must also have justification for a drunk driving arrest. Police must have probable cause to arrest someone. Failing a field sobriety test or roadside sobriety test, the smell of alcohol on someone’s breath, and slurred speech may all be examples of probable cause for a DWI arrest.

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