Posts Tagged ‘DWI’
Legislative update: DWI warrantless blood tests
Posted by: David Leon in Criminal Defense on September 20th, 2009
Transportation Code Sec. 724.017 now allows law enforcement to extract a blood sample from a DWI suspect who is arrested (as defined in Ch. 49 of the Texas Penal Code) without a warrant. (See: SB 238). The blood test may be taken if the person is arrested, refuses a voluntary blood test and:
a.) an individual other than the arrestee has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment;
b.) the person is under arrest for DWI with a child passenger under the age of 15;
c.) the officer has reliable information that the person has been previously convicted of DWI two or more times; or
d.) the office has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter
What is a DWI enhancement?
Posted by: David Leon in Criminal Defense on July 5th, 2009
A penalty for a DWI conviction may be enlarged or enhanced under Sec. 49.09 of the Texas Penal Code. Typically, a punishment (or level of offense) is increased due to either a prior conviction for DWI, or because an emergency service worker was injured or killed as a result of a DWI.
What happens if someone is seriously injured in a DWI?
Posted by: David Leon in Legal news and errata on July 5th, 2009
The person was was intoxicated may be charged with Intoxication Assault, under Sec. 49.07 of the Texas Penal Code. if the intoxicated actor causes “a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ” that person may be charged with Intoxication Assault, a third degree felony.
What about flying or boating while intoxicated?
Posted by: David Leon in Criminal Defense on July 5th, 2009
Secs. 49.05, 49.06 and 49.065 cover flying, boating and assembling and/or operating an amusement ride while intoxicated. In most circumstances it would be a Class B misdemeanor.
What is the legal definition of “intoxicated” in Texas?
Posted by: David Leon in Criminal Defense on July 5th, 2009
Texas Penal Code Sec. 49.01. (2) “Intoxicated” means:
(A) not having 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
(B) having an alcohol concentration of 0.08 or more.
This means that if you have a Blood Alcohol Concentration (BAC) of less than .08, but you are not in the normal use of mental or physical faculties due to alcohol, you may still be considered to be intoxicated.
