To reach a driving while intoxicated (DWI) conviction, prosecutors must prove to the court that the defendant was operating a vehicle in public while either intoxicated or with a blood alcohol concentration (BAC) of at least 0.08 percent. If found convicted, a defendant could see some hefty fines and possibly some jail time. Individuals charged with DWI would do well to employ a criminal defense attorney to come to their aid—one with enough experience in DWI cases.

The Penalties for a DWI Conviction

Penalties for DWI will range from a misdemeanor to a felony primarily based on prior convictions and other factors that took place at the time of arrest. Texas DWI convictions on record last a lifetime, and all previous convictions are considered prior offenses.

Your first and second DWI convictions are typically misdemeanors. The first offense could land you in prison for 72 hours up to six months. On top of the jail time, you could see up to $2,000 in fines. A subsequent, or second conviction, will see the jail time increased to 30 days up to 12 months, while the fines increase to $4,000.

A judge will often give a six-month to two years probation for first-time offenders who have served at least three days in jail on a DWI. Probation often requires additional tasks on behalf of the convicted, such as:

A court’s initial presumption is that joint conservatorship be the decision for minor children in a divorce. However, the determining factor in the case of custody rights is always the best interests of the children. Parents with a history of family violence will often remove the presumption of joint conservatorship toward sole conservatorship as a more favorable choice. A competent family law attorney can help you avoid mistakes when pursuing sole conservatorship of your child.

What Factors Does the Court Consider When Determining Custody?

The consideration for appointing one parent as the sole managing conservator involves many factors:

• A child’s physical and emotional needs

• Physical or emotional danger posed to the child

  ...

A new Texas law will now require drivers who are convicted of killing a child’s parent or guardian in a drunk driving crash to pay child support. The new law went into effect on September 1st. This new requirement is in addition to any other penalties the driver may be facing upon conviction.

The following is a brief overview of the new law and its background. For more detailed information or if you or a loved one are facing intoxicated manslaughter charges, it is important to speak with a Texas defense lawyer right away.  

What is Bentley’s Law?

The new law is called Bentley’s Law and is based on legislation started in Missouri by a woman whose son, daughter-in-law, and four-month-old grandchild were killed by a drunk driver in 2021. The woman is raising the couple’s two surviving children. Dealing with how much her family’s tragic loss impacted her grandchildren, she pushed for legislation that would require a drunk driver convicted of killing a child’s parent to begin paying child support until the child reaches 18 years of age or graduate from high school. Texas now joins Tennessee, Kentucky, and Maine in passing this law. At least 20 other states in the country have similar legislation under consideration.

In the statute enacted in Texas, any driver convicted of intoxicated manslaughter will be required to pay child support to every child the person who died had. The amount of child support will be determined by the judge who presides over their criminal trial. If a person who has been convicted receives jail time, they will be required to begin paying child support within one year of their release. Those who cannot pay will be given payment plans.

Divorce finances can be complex, especially if the couple has amassed significant assets and property. It can become even more complicated if one or both of the spouses own a business since this, too, can be considered a marital asset that must be divided. How does the court divide a business under Texas community property laws? If this is your situation, a Texas divorce attorney can help ensure you receive your fair share of the marital estate.

Is the Business Marital Property?

The first thing that needs to be addressed is determining whether or not the business actually is marital property. If the business opened before the couple married, the court may determine that any increase in value or assets that took place during the marriage could be considered part of the marital estate and subject to division. If the business opened during the marriage, then it is very likely that it will qualify as marital property.

One major exception to either of the above is if the couple signed a prenuptial or postnuptial agreement that specifically stated that the business was not part of the marital estate and would be protected from division should the couple divorce.

What Is the Value of the Business?

Once it has been determined that the business is marital property, the next step is determining its value. Generally, both parties will hire their own business valuation experts to come up with the financial worth of the company.

Anyone who has heard the siren and seen the blue lights flashing behind them, signaling them to pull over, can likely attest to how nerve-wracking that can be, even if you have done nothing wrong. It is critical to understand the actions you should avoid if you are stopped by police on suspicion of driving while intoxicated (DWI) and if you are ultimately arrested.

Stay Calm

It is important to stay calm when you are pulled over. No matter what the police officer accuses you of, you should not argue or behave in what could be perceived as disrespectful. This may only make matters worse. Comply with the officer’s instructions and avoid any confrontational behavior. Remember, if there are any actions on the officer’s part that were inappropriate, your DWI attorney can use this in your defense.

Do Not Admit Guilt

You never want to admit to a police officer you were drinking. Some people make the mistake of thinking that just because they may have had one or two drinks, they have done nothing wrong. But admitting to a police officer that you have had any alcohol whatsoever can be used against you by the prosecutor to show your guilt.

Ask for Your Attorney

If you do end up getting arrested, the police will read you your Miranda rights. Your rights include the right to remain silent and the right to an attorney. Do not make any legal statement. Let the officer know you do not want to speak to them without your attorney present. Police are required by law to not engage in any interrogation once you have invoked your rights.

The loss of a family member can be tragic, but when that loss was caused by the negligence of another party, their death can be devastating. Families are often left to deal with not only their grief and emotional heartbreak, but the unexpected loss of their loved one can also have a significant financial impact on a family. Under Texas law, survivors of those killed can pursue damages in wrongful death actions. The following are some of the losses that can be included in a claim or lawsuit.

Medical and Funeral Expenses

The family may be entitled to reimbursement for medical expenses incurred prior to their loved one’s death, including hospital bills, medication costs, and any other related healthcare expenses. Funeral and burial expenses may also be included in the damages awarded.

Economic Damages

Economic damages are intended to compensate for the financial losses suffered by the family due to the death of their loved one. This can include the loss of financial support, such as the income the deceased would have earned over their lifetime to support the family, as well as the benefits (i.e. health, retirement, etc.) the decedent would have provided.  

Non-Economic Damages

Non-economic damages aim to compensate for the emotional and psychological suffering endured by family members due to wrongful death. This may include the loss of companionship, mental anguish, pain and suffering, and the emotional trauma experienced as a result of the death.

Divorcing spouses are expected to disclose their assets and income during a divorce. This is especially crucial in a high-asset divorce case. Unfortunately, some spouses try to prevent the other spouse from getting their fair share of the marital estate by transferring assets to other individuals, lying about the value of their assets, or even physically hiding cash or valuables.

If you are getting divorced, it is important to be vigilant for signs of this type of financial fraud. A divorce outcome should be based on accurate financial information from both parties. Not only does lying about finances rob the other spouse of a fair outcome, it is also unlawful.

Ways a Spouse May Hide Assets During Divorce

One of the most common ways that divorcing spouses commit financial fraud is by failing to disclose all of their assets. For example, a spouse may have significant funds stored in an offshore bank account that the other spouse is not aware of. When it comes time to fill out a financial disclosure and start the property division negotiation process, the spouse simply fails to bring up this bank account.

Spouses may also undervalue assets by claiming they are worth much less than the actual value. This is easiest to accomplish with difficult-to-value assets such as business interests, investments, digital currency, or even fine art.

A child's biological parents have certain rights, including their right to be involved in the child's life and make decisions about the child's upbringing. However, there are circumstances in which a parent may give up those rights or lose parental rights involuntarily.

Most of the time, a parent’s rights are terminated in order to allow an adoption to proceed. A child can only have two parents under Texas law, so sometimes the termination of parental rights is needed to allow adoptive parents to adopt a child. However, Texas courts require a very high degree of proof before terminating parental rights.

A Parent May Give Up His or Her Rights Willingly

Sometimes, a parent voluntarily gives up his or her parental rights. A parent who knows that he or she cannot give a child the life that the child deserves may make the selfless decision to put the child up for adoption. This decision is never easy, but sometimes it is in the child's best interest to do so. A man who finds out that he is not a child's biological father may also file a parental rights termination case.

A family court judge will make the final decision regarding the termination of parental rights and adoption.

Being accused of or arrested for a crime can be one of the most terrifying experiences that happens to you in your life. You may feel uncertain about the future, curious about the alleged evidence against you, and unsure of what to do next.

Regardless of the circumstances, if you were charged with a crime or are under investigation for a criminal offense, contact a Texas criminal defense attorney who can make sure you have the legal representation you need.

Steps to Take After a Criminal Accusation

Many people panic and take steps that inadvertently damage their chances of a favorable outcome during a criminal case. If you have been implicated in a crime, make sure to keep the following tips in mind: