Posted on December 04, 2025 in DUI/DWI

Although blood draws are one of the most powerful tools in Texas DWI prosecutions, that does not mean that every blood test is legal. In most cases, a warrant is required for a blood draw absent the driver's consent. When law enforcement skips this step, the courts are likely to suppress blood test results. You may have been taken straight to a hospital after your car accident, confronted with medical staff and police officers at the same time.

In such a stressful, chaotic environment, law enforcement officers may take the opportunity to obtain a blood sample without a warrant or clear consent. Although Texas relied heavily on "mandatory blood draw" laws for many years, today those provisions are restricted, and almost always require a warrant. Unfortunately, some officers still operate under outdated assumptions, and while blood test results can make or break a Texas DWI (Texas Penal Code Section 49) case, the legality of the procedure is every bit as important as the resulting BAC number.

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 Posted on November 29, 2025 in Criminal Defense

You have the right to remain silent. Anything you say can be used against you in a court of law.

We've all heard this common refrain from cop shows and legal dramas over the years. But while most people understand that they have certain rights guaranteed by the Constitution, many are unclear about just how far those rights extend.

The Fifth Amendment to the United States Constitution protects you from incriminating yourself. This protection prevents you from being arrested or punished by the government for refusing to make a statement that may indicate your guilt. The Fifth Amendment is where the common colloquialism of "pleading the fifth" comes from.

But the right to remain silent isn't limitless; you can be required to provide your name and contact information or prove to law enforcement that you have a valid driver's license. It is critical to understand your rights if you have been stopped for suspicion of driving under the influence in Texas. An experienced Houston, TX DWI attorney from Murphy & McKinney Law Firm, P.C. can help ensure your rights and your future are protected.

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 Posted on November 21, 2025 in DUI/DWI

It happens, sometimes. You are out having a few drinks with friends that last throughout the night, and by night's end, you think you are fine to drive. You may be. You may not be. You get pulled over for a traffic stop, and the police suspect DWI. A DWI investigation ensues. You are arrested and charged. The problem: a few weeks or months later, you took some new prescription medication and then drove home.

But before you got home, you were pulled over for a traffic stop. The officer then suspected you were intoxicated. Your second problem: You already have a DWI case pending. How will this new arrest and charge impact the first DWI case? Alternatively, how will the pending case affect the new DWI (Texas Penal Code Section 49.04) case?

Basically, what happens in Texas if you are arrested for DWI while another DWI case is pending? The answer is, nothing specific. Both DWIs are considered on their own merit as separate offenses. DWI cases are technical cases, and no two are the same. Also, a DWI charge is not a conviction, and only DWI convictions can impact a pending DWI case.

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 Posted on November 16, 2025 in Criminal Defense

In rural Texas, fencing is more than property – it is also protection. Ranchers and farmers rely on their fences to keep cattle, horses, goats, and other livestock safely contained. While cutting a livestock fence in Texas may seem like a minor property dispute, under Texas state law (Penal Code, Title 7, Chapter 28), it is treated as a serious criminal mischief offense with severe consequences.

Literally thousands of dollars in property damage can occur within minutes when livestock and breeding stock escape.  Intentionally or recklessly opening a fence line can potentially result in felony-level penalties, restitution for escaped or injured livestock, and civil lawsuits.

Texas prosecutors aggressively pursue fence-cutting cases to protect livestock and reduce rural property crimes. If you are facing such serious charges, you must speak to a knowledgeable Houston, TX criminal defense attorney as quickly as possible to ensure your rights and your future are protected.

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 Posted on November 12, 2025 in DUI/DWI

Following a DWI arrest in Texas, prosecutors tend to move quickly. They may offer a "deal" in exchange for a guilty plea, with reduced jail time or probation. If you are facing DWI charges, this may sound like the best solution – plead guilty and have the entire matter resolved. What you may not realize is that a guilty plea in a Texas DWI case carries long-term consequences that can outweigh the immediate relief.

Before you entertain the idea of entering a guilty plea, you must fully understand the rights you are giving up, the collateral penalties that will follow the judicial penalties, and how fighting the charges could actually result in much better short-term and long-term results.  An experienced Houston, TX DWI lawyer is your very best chance for the most positive outcome possible in this situation.

What Does a Texas DWI Guilty Plea Actually Mean?

The elements of a DWI offense in Texas are detailed in the Texas Penal Code Section 49.04. Under this statute, "intoxicated" means not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, or the combination of two or more of those substances, and having an alcohol concentration of 0.08 percent or higher. Pleading guilty to a DWI charge is a formal admission that you operated a motor vehicle while intoxicated. Once accepted by the judge, this guilty plea becomes a criminal conviction, not a deferred finding.

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 Posted on November 07, 2025 in Criminal Defense

While there are no publicly reported Texas homicide cases in which Alexa or Siri directly provided evidence leading to a conviction – yet – there have been legal requests for data from smart devices in Texas murder investigations. The most recent example comes from the 2019 murder case of a mother and her two daughters, who were found dead in Boerne, TX.

Prosecutors considered using data from an Echo device in the home, although no convictions were directly linked to the device. Law enforcement across Texas has explored using data from smart devices for criminal investigations, although this is a relatively new and constantly evolving area of law. The evidence from these devices must be shown to be relevant and authentic to be considered admissible in court.

As Texans continue filling their homes with connected devices, including Siri, Amazon’s Echo (Alexa), Google Nest, smart televisions, and doorbell cameras, law enforcement is increasingly treating these digital gadgets as potential witnesses, particularly in murder investigations. When a "digital confession" emerges from the cloud, complex questions regarding authenticity, consent, privacy, and admissibility arise under Texas evidence law.  

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 Posted on October 31, 2025 in Criminal Defense

The intersection between federal ATF enforcement of ghost guns and 3D firearms and the permissive firearm laws in Texas can create significant confusion for defendants. This is especially true when privately made firearms, unfinished receivers, and 3D printed gun components are at issue. Ghost guns are untraceable firearms assembled from kits or 3D-printed parts.

While the state of Texas does not explicitly ban ghost guns, federal ATF rules now classify unfinished frames and receivers as firearms. In 2025, Houston-area prosecutors – along with federal agents – are increasingly targeting those who unknowingly violate new serialization or transfer rules. Gun crimes can have significant penalties, both short and long-term, particularly when charged federally.

If you believe you are "safe" under Texas laws (or lack of laws) regarding ghost guns, it is essential that you understand how state and federal firearm laws overlap and when possession can cross over into a federal offense. Having a highly experienced Houston, TX gun crimes attorney from Murphy & McKinney Law Firm, P.C. can make a significant difference in the outcome of your charges.

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 Posted on October 22, 2025 in DUI/DWI

No one looks forward to a conviction for driving while intoxicated. Obviously, potential jail time or fines are the first penalties that come to mind. However, these are not the only consequences for a DWI conviction. A conviction could also wreak havoc on your reputation and your personal life.

Out of all the potential consequences, the impact on your job could be the most significant. While a DWI conviction never has a positive impact on a person's career, some professions face steeper consequences than others. In some cases, a DWI conviction could cost you your job or even your professional license.

While it is important to understand these consequences, it is worth noting that avoiding a criminal conviction could help you avoid most issues. A conviction might feel inevitable after a DWI arrest, but a seasoned defense attorney could help you fight the charges you are facing. To discuss your case with an experienced Houston DWI defense lawyer, contact attorney Doug Murphy as soon as possible.

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 Posted on October 16, 2025 in Criminal Defense

If you are facing a DWI charge, you undoubtedly have questions about the process, the possible consequences, and how to get your driver's license back. But if you're an immigrant in the U.S., you are probably also wondering how this can affect your visa and your immigration status.

A first DWI in Texas is typically a Class B misdemeanor. If there are aggravating factors like a blood alcohol concentration above .15%, a first DWI may be a Class A misdemeanor. In the past, misdemeanors typically did not affect immigration status, but with all the recent changes, this may no longer be the case. Regardless, a DWI can have a long-term effect on your status under DACA or your ability to become a naturalized citizen.

Under the Immigration and Naturalization Act, felony convictions are typically crimes of "moral turpitude," which can affect your immigration status. If your DWI involves additional charges related to an accident that seriously injured or killed someone, or if you had a child under 15 in the car, the police may charge you with a felony. If you're an immigrant facing misdemeanor or felony charges related to a DWI in Houston, you need a skilled Houston, TX criminal defense lawyer.

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 Posted on October 10, 2025 in Criminal Defense

You may be surprised to learn that unlawful restraint (Texas Penal Code Section 20.02) and kidnapping (Texas Penal Code Section 20.03) are two separate crimes under Texas law, with dramatically different penalties. A situation that could begin with an allegation that an individual was being held against his or her will can quickly escalate into felony kidnapping charges.

The line between the two crimes is incredibly thin; knowing where the law draws that line could mean the difference between misdemeanor charges and spending decades in prison. Something as relatively minor as an argument between spouses that results in the husband grabbing his wife’s phone and blocking the doorway could be charged as unlawful restraint, and while it is a misdemeanor offense, it can still result in many unintended consequences.

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