In most cases, people want the best for their family members, which is why it can be heartbreaking to see a loved one be arrested and charged with a serious crime, such as driving while intoxicated (DWI). The thought of your loved one going to prison can be too much for someone to bear. As a result, if you are someone who watched your loved one be arrested for DWI, you are likely wondering how you can best help this person.

First off, it is crucial to remain calm. Just because your loved one is charged with DWI does not mean they are guilty by default. They have rights, such as the right to a fair trial, and by virtue of these rights, they may be able to vindicate themselves in due time. It is very much in your loved one’s best interests to hire a qualified DWI attorney who can help protect their rights and ensure they are treated fairly by the legal system and law enforcement as their case develops. Today, we will examine how a family member can support their DWI-accused loved one in their time of greatest need. 

How Can an Attorney Writ Bond Help My Loved One?

In Texas, once someone has been charged with DWI, they will likely be brought to the police station for processing. Once they have been processed, it may be wise for them to seek an attorney writ bond. An attorney writ bond can get the accused out of prison within a couple of hours of arrest. This is not what usually happens when someone is arrested, which is they sit in jail until a judge can see them. Waiting for a judge can take a couple of days. You may be happy to learn that family members may be able to secure an attorney writ bond for their loved one without ever having to leave the comfort of their own home.

When most people think about driving while intoxicated, they tend to think of people drinking and driving. This is understandable, as drinking and driving is the most common form of DWI. However, driving after consuming alcohol is not the only way to be charged with DWI. You may be surprised that you can be charged with DWI in Texas even if you are under the influence of prescribed medication. 

Being arrested, charged, and convicted of DWI can devastate one’s life and career. If you have been charged, you are likely wondering what can be done to ensure you can avoid prison time or costly fines. The most important thing you can do during this critical time is to contact a knowledgeable DWI attorney who will work with you to ensure your rights remain protected while pursuing the most favorable outcome possible. 

Laws Regarding DWI in Texas 

Texas law states that you cannot operate a motor vehicle while impaired by any substance. This means alcohol, drugs, and even some prescription medications. This is because substances can affect certain mental and physical faculties, which makes it exceedingly dangerous to try and operate a motor vehicle. In addition, hundreds of prescription medications can make driving hazardous and illegal, including Xanax, oxycodone, Valium, and many more. Shockingly, even some antihistamine drugs that fight allergies may impair you to the point where driving becomes dangerous and unlawful. 

Good citizens are everywhere, and they are called that because they are generally “good.” Their behaviors mean no harm and are only meant to help the community or someone in need. Some are inclined to notify law enforcement when they witness what they believe to be a crime, and anonymous tips from these individuals pour into police stations regularly. A significant portion of these tips is from drivers or passengers on the roadway reporting someone who appears to be driving while intoxicated (DWI) by alcohol or drugs.

What Do the Police Do With This Information?

If a tipster calls 911 to report an emergency, such as a drunk driver on the road, the operator will immediately begin to attempt to get as much information out of the informant as possible. The 911 center keeps a record of the call and can call the number back to obtain more information. This information alone is generally enough for police to stop a vehicle or driver matching the tipster’s description so that the officer can ask questions and gather more information.

Can an Officer Make an Arrest?

According to the Fourth Amendment to the U.S. Constitution, an officer must have probable cause to believe that the suspect committed a crime before making an arrest. One source of probable cause could be an officer or an identified informant who witnessed the suspicious behavior firsthand. Anonymous tips alone, however, are not always sufficient to establish probable cause, as it can be difficult to determine the credibility of the source. For example, an anonymous informant may have a personal vendetta against the suspect, which might have motivated them to make a false accusation.

A 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.

October 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.