# How DWI Can Lead to Felony Murder | TadLaw **Table of Contents***[*Expand*]* 1. Court Rules Warrantless Arrest of Murder Suspect  Unconstitutional 2. Facing a Similar Situation? 3. Our Criminal Defense Experience is Geared Towards DWI Cases 4. Get To Know Attorney Tad Nelson 5. Why Choose The Law Office of Tad Nelson & Associates? 6. You’ll Need A Lawyer That Understands DWI Law, THE SCIENCE, & You! 7. THE SCIENCE IS ALL THAT MATTERS! 8. Alcohol & You 9. Understanding The Legal Climate in Texas 10. Texas DWI Overview 11. Frequently Asked Questions 12. Entries From Our Blog 13. Contact Our DWI Defense Team A DWI accident can quickly turn into a murder case based on the circumstances. Texas allows for what is known as “felony murder” charges in some [fatal drunk driving accident](https://tadlaw.com/resources/texas-dwi-resources/dwi-intoxication-manslaughter/) cases. Felony murder refers to a type of murder charge that is distinct from premeditated murder. With felony murder, prosecutors need not prove the defendant intended to kill the victim. Instead, the basis for the murder charge is that the defendant caused the victim’s death while committing another felony. In Texas, a DWI is a felony if the defendant has [two prior drunk driving convictions](https://tadlaw.com/resources/texas-dwi-resources/third-offense-dwi/). So if the defendant accidentally killed someone while committing a third DWI, that can be charged as felony murder under Texas law. If convicted, the defendant faces life imprisonment. ## Court Rules Warrantless Arrest of Murder Suspect  Unconstitutional ### Respect for Defendant’s Rights Given the gravity of a felony murder charge, it is essential police officers uphold a defendant’s constitutional rights when investigating a fatal DWI accident. ### Court Suppresses Evidence in DWI Murder Case In a recent decision, State v. McGuire, the Texas First District Court of Appeals here in Houston held a trial judge properly suppressed evidence in a DWI-related felony murder case after holding police illegally arrested the defendant without a warrant. While warrantless arrests are permissible under certain circumstances, the appeals court said the prosecution failed to approve any of these exceptions applied. ### Fatal DWI Accident Involving a Motorcyclist Here’s some background on the case. The defendant was driving his truck one evening and struck a motorcyclist. The motorcyclist subsequently died as a result of his injuries. ### Defendant’s Unlawful Arrest After the accident, the defendant went to a nearby gas station. Police at the accident scene were told the defendant “was waiting at” the gas station. The police went to the gas station and proceeded to arrest the defendant and take a sample of the defendant’s blood without taking a warrant. ### Conviction Overturned: Unconstitutional Warrantless Blood Test Based on the results of the defendant’s warrantless blood test and the fact he had two prior DWI convictions, prosecutors charged him with felony murder. A jury subsequently convicted the defendant of murder. In 2016, the First District reversed that conviction based on the unconstitutional warrantless blood test. ### Retrial: Defense Argues Unlawful Arrest Prosecutors decided to retry the defendant. Prior to the new trial, the defendant argued the arrest itself was unconstitutional as police lacked a warrant, and none of the statutory exceptions applied. The trial judge agreed and granted the defense’s motion to suppress. This time the prosecution appealed. ### No Warrant, No Proof of Exigent Circumstances But the First District upheld the trial court’s ruling. As the appeals court explained, a warrantless arrest in these circumstances require proof of “exigent circumstances” that “call for immediate action or detention by the police.” Here, the prosecution simply never presented proof that such exigent circumstances existed. Instead, the prosecution argued the law did not require such an exigency. The Court of Appeals disagreed, noting the specific exception relied upon by the prosecution did in fact require an exigency. ## Facing a Similar Situation? ### Get Help from a Top Defense Lawyer Today. If you have been arrested for a DWI that resulted in someone else’s death, you are likely facing serious legal consequences. You need advice and assistance from a qualified Houston DWI accident defense attorney who can help ensure the courts respect your constitutional rights. [Contact the Law Offices of Tad Nelson & Associates](https://tadlaw.com/contact-us/) today if you need to speak with a lawyer. For a free legal consultation, call [(281) 280-0100](tel:+12812800100) today ## Our Criminal Defense Experience is Geared Towards DWI Cases ## Get To Know Attorney Tad Nelson [![Attorney Tad A. Nelson](https://thenelsonfirm.com/wp-content/uploads/2013/07/sidebar_tad-300x328.jpg)](https://tadlaw.com/attorneys/tad-a-nelson/) ### [Attorney Tad A. Nelson](https://tadlaw.com/attorneys/tad-a-nelson/) ![Attorney Tad Nelson is board certified in criminal law per the Texas Board of Legal Specialization](https://thenelsonfirm.com/wp-content/uploads/2013/07/TBLS-Criminal-Law-Tad-Nelson-250x79.jpg) ![rated by superlawyers](https://thenelsonfirm.com/wp-content/uploads/2020/12/rated-by-superlawyers-250x82.png)If you or a loved one were accused of drunk driving, and you’re looking to retain an experienced DWI lawyer in the Greater Houston area to represent you in Harris County, Galveston County, or surrounding counties, contact attorney Tad Nelson immediately. ![Attorney Tad Nelson on FOX](https://thenelsonfirm.com/wp-content/uploads/2014/12/Tad-Nelson-Fox-News-300x202.jpg) SOURCE: [YOUTUBE](https://www.youtube.com/watch?app=desktop&v=E1E88IpgPtQ/) Attorney Tad A. Nelson is a nationally known charismatic advocate of the people. As a respected attorney & legal mind, he has appeared on CNN and FOX on numerous occasions to share his opinions on the legal issues of the day. Tad is so much more than just form; Tad’s career is built on substance. The pillars of that substance has been his thirst for knowledge and education which has led to respect gained from his colleagues, and earned from his clients. There are numerous consequences associated with DWI convictions. You’ll need experienced professional help to beat the charge and/or to avoid the most serious criminal penalties that apply to DWI cases. [Contact us](https://tadlaw.com/contact-us/) or call [281-280-0100](tel:+12812800100) for your case review. ## Why Choose **The Law Office of Tad Nelson & Associates**? ### A Reputation For Excellence We are known by prosecutors as assertive DWI attorneys who fight for our clients to ensure their rights are protected and that they are treated fairly. Our aggressive approach to drunk driving & DUI cases has led to many favorable results from our clients, from dismissal of the charges to reduced charges and sentences. ### A Cutting Edge Houston Attorney for DWI Cases **Houston DWI Attorney** Tad A. Nelson has created a very unique 21st century law firm. Finally somebody has combined all the facets of a effect Driving While Intoxicated defense. In the past many firms would offer a keen understanding of **law** and **order**, but to complete his firm, Tad Nelson added a very important third piece; **[SCIENCE](https://tadlaw.com/#science)**. ### “A STRONG DWI Defense From 3 Fronts” In DWI defense litigation, all 3 facets are equally important when it comes to defending clients charged with serious alcohol offenses. **When a law firm only offers law and order** they are accepting only two-thirds of their responsibility and neglecting that which is most crucial to your ultimate defense; The scientific nature of evidence as the burden of proof carried by the prosecution. ![Houston DWI Attorney Tad Nelson](https://thenelsonfirm.com/wp-content/uploads/2013/07/sidebar_tad-150x150.jpg) Led by firm founder & Houston DWI attorney Tad Nelson who has **more than 27 years of criminal law experience,** our team of dedicated DWI defense focused lawyers work hard to reach the best possible outcomes for our clients. Although we have offices in Houston and Galveston, our main office is in League City which is where we meet most of our Clear Lake and southeast Houston clients. Even if you think your case is impossible, we might be able to provide a reasonable solution for you. Sometimes, this can involve taking a case to trial where we’re able to articulate our arguments better and can present our case to a jury. As a former assistant district attorney in his first few years as a lawyer, Mr. Nelson provides our team with insights into how to effectively defend our clients against strategies used by prosecuting attorneys in Harris County, Galveston County, and in surrounding jurisdictions. [![Once you're arrested for DWI in Houston the State of Texas will motion to administratively suspend your Texas Driver License in an ALR hearing. If you're interested in fighting to secure your driving privileges please keep in mind that we'll only have 15 days from the day of your arrest to request a hearing to fight for your license.](https://thenelsonfirm.com/wp-content/uploads/2018/02/Texas-Driver-License-Suspension.jpg)](https://tadlaw.com/resources/texas-dwi-resources/texas-dwi-driver-license-issues/) ### [We May Be Able To Save Your Texas Drivers License!](https://tadlaw.com/resources/texas-dwi-resources/texas-dwi-driver-license-issues/) Once you’re arrested for DWI in Houston the State of Texas will motion to administratively suspend your Texas Driver License in an ALR hearing. If you’re interested in fighting to secure your driving privileges please keep in mind that we’ll only have 15 days from the day of your arrest to request a hearing to fight for your license. ### Free DWI Case Review Atty. Tad Nelson will personally review your case. [GET STARTED](https://tadlaw.com/contact-us/) ### Texas Drivers’ Rights! You Can’t Beat The Ride, But We Can Beat The Charge! [GET STARTED](https://tadlaw.com/resources/texas-dwi-resources/driver-rights-during-a-dwi-stop/) ![We pride ourselves on being accessible, responsive and, above all else, honest. We will give you a straightforward assessment of your situation, and we’ll always keep you up to date on the progress of your case.](https://thenelsonfirm.com/wp-content/uploads/2014/09/American-Chemical-Society.png) ### Your Local Houston ACS/CHAL Lawyer-Scientist We pride ourselves on being accessible, responsive and, above all else, honest. We will give you a straightforward assessment of your situation, and we’ll always keep you up to date on the progress of your case. ## You’ll Need A Lawyer That Understands DWI Law, **THE SCIENCE**, & You! ### Masters in Forensic Science Tad’s hands-on experience in the lab earned Tad the designation of Lawyer-Scientist from the American Chemical Society. At the time, Tad was the **1st in Texas** and 4th in the U.S. to receive this outstanding honor. Tad graduated with his **Masters in Forensic Science** in 2015. ### Board Certified® in Criminal Law Tad earned his **Board Certification® in criminal law** from the Texas Board of Legal Specialization ([Learn More](https://tadlaw.com/about/)) in 1996 awarding him the distinction of being one of a small percentage of practicing DWI attorneys in Greater Houston who hold such credentials. [Click to contact](https://tadlaw.com/contact-us/) our dwi lawyer today ## **THE SCIENCE IS ALL THAT MATTERS!** ## Alcohol & You ### [Avoiding DWI Arrests](https://tadlaw.com/resources/texas-dwi-resources/texas-dwi-tips/) Learn about avoiding arrest for DWI in Houston, dealing with police during DWI sweeps, and **your rights**! ### [Alcohol Awareness](https://tadlaw.com/resources/alcohol-awareness/) Our **alcohol awareness** section includes info related to alcohol & your health, a working BAC Calculator, and more! Complete a [Free Case Evaluation Form](https://tadlaw.com/contact-us/) Now ## Understanding The Legal Climate in Texas ## Texas DWI Overview DWI offenses in the state of Texas can fall under a number of different categories, for a number of different reasons, each of which, have their own delicate set of circumstances. In the [Texas DWI Overview](https://tadlaw.com/resources/texas-dwi-resources/texas-dwi-laws/) section of our website you’ll be able to review information related to serious DWI offenses involving loss of human life, women’s issues, and more. If you’re serious about fighting the state’s claim that you were operating a motor vehicle while allegedly intoxicated, few are better suited and best qualified to fight the charge than the **Houston DWI attorneys** of the Law Offices of **Tad Nelson & Associates**. Whether you were arrested in Clear Lake, Galveston, or League City, we have nearby offices and invite you to reach to us by calling **[281-280-0100](tel:+12812800100)**. ## Frequently Asked Questions - #### What are my legal options if I’m charged with DWI in Houston? If you’re arrested for drunk driving, we have at least 3 options for dealing with the charge within the confines of Texas law. We can attempt to get the case dismissed, work out a deal with the Harris County Dist. Atty’s Office, or we can fight the charge, head-on, in a full-blown trial. - #### Is it possible to beat a Houston DWI charge in Harris County? Absolutely. The Law Offices of Tad Nelson & Associates wields a distinctive set of credentials, training, and is an asset to anyone facing criminal charges related to DWI in Houston. Although every case is different, we also have a solid record of winning in court for our clients. - #### Can I avoid jail time if I’m convicted for drunk driving? In short, yes. In reality, there are a number of different factors involved in each and every case we’ve seen in our experience as [Houston DWI attorneys](https://tadlaw.com/). Probation is usually a possibility for most persons that are convicted of DWI in Houston. However, there are no guarantees. - #### How much jail time can I get if I’m convicted of DWI? A determination on jail sentencing is the sole priority of the court within the guidelines of Texas criminal law. Depending on the frequency of DWI offenses incurred by the defendant, and the severity of additional factors, a jail sentence could be as short as a few days, to life. - #### Can you help with truck driver DWI cases involving a CDL? As a matter of fact we can. The Law Offices of Tad Nelson & Associates is among the premier law firms in Texas for DWI defense. Both [lawyers on our Houston DWI defense team](https://tadlaw.com/about/attorneys/) are Certified ACS/CHAL Lawyer-Scientists, with Tad Nelson holding a Board Certification. - #### Will I lose my Texas Drivers’ License if I’m charged with DWI? In Texas, if you’re arrested for DWI or DUI, the process of Administrative License Revocation is initiated for the purpose of automatically suspending your Texas Drivers’ License. **Houston DWI lawyer Tad A. Nelson** may be able to intervene, and prevent TDL suspension. ## Entries From Our Blog - [DWI Accident with a Physical Injury](https://tadlaw.com/blog/dwi-accidents-causing-physical-injury/) Not all of those who are involved in DWI accidents are fortunate enough to avoid causing or suffering some sort of physical injury. In fact, it is not uncommon in these types of cases, for the person accused of driving while under the influence to also be charged with intoxication assault, or even manslaughter. Those - [Can a Passenger Have an Open Container of Alcohol In a Vehicle?](https://tadlaw.com/blog/can-passengers-have-open-containers-in-a-vehicle/) If a police officer pulls a driver over for a traffic violation and spots an open container of beer next to said driver, the odds are pretty good the officer will also issue a citation for an open container violation. Texas law is pretty clear on this point. A person commits a Class C misdemeanor–essentially - [How Can a DWI Lead to a Felony Murder Charge?](https://tadlaw.com/faqs/how-dwi-can-lead-to-felony-murder/) A DWI accident can quickly turn into a murder case based on the circumstances. Texas allows for what is known as “felony murder” charges in some fatal drunk driving accident cases. Felony murder refers to a type of murder charge that is distinct from premeditated murder. With felony murder, prosecutors need not prove the defendant - [Who Can Take Samples of My Blood Following a Possible DWI Accident?](https://tadlaw.com/faqs/who-can-take-blood-after-a-possible-dwi/) When police suspect drunk driving played a role in an auto accident, they may seek to force the defendant to submit a blood sample under Texas’ implied consent law. But there are certain rules law enforcement must still follow in such cases. For example, Section 724.017 of the Texas Transportation Code states that only certain - [Texas Officials Plan No Refusal Initiative Against Drunk Driving](https://tadlaw.com/blog/texas-plans-no-refusal-drunk-driving-initiative/) In terms of energy and patriotic expression, Texas Fourth of July celebrations may make local residents proud. However, they might also be some of the year’s most dangerous, at least in terms of drunk driving accidents. Last year, intoxicated drivers contributed to 133 motor vehicle accidents throughout the state — on Independence Day alone. Officials - [Montgomery County Charges Man with Intoxication Assault, Intoxication Manslaughter Following Boating Accident](https://tadlaw.com/blog/boat-crash-brings-assault-and-manslaughter-charges/) Intoxication manslaughter is the legal term used in Texas to describe a death caused by a drunk driver. Most of the time, we tend to associate drunk driving with motor vehicles, such as cars or trucks. But a DWI accident can involve the operation of many other types of vehicles, including boats and amusement rides. - [Obtaining an Occupational Driver’s License in Texas](https://tadlaw.com/blog/getting-a-texas-occupational-drivers-license/) If your Texas driver’s license has been suspended, revoked, or denied, you may still be able to obtain limited driving privileges. Texas offers what is called an Occupational Driver’s License (ODL), a restricted license that authorizes the holder to drive at certain times of the day for specific purposes. An ODL is not a right; ## Contact Our DWI Defense Team - #### Houston, TX If you’re interested in meeting with us at our Houston office location, the map, phone number and driving directions are below. Thank you from The Law Offices of Tad Nelson & Associates. The Law Office of Tad Nelson & Associates • 1221 Studewood St • Houston, TX 77008 **PHONE:** [713-802-1631](tel:+17138021631) - #### Galveston, TX If you’re interested in meeting with us at our Galveston office location, the map, phone number and driving directions are below. Thank you from The Law Offices of Tad Nelson & Associates. The Law Office of Tad Nelson & Associates • 511 59th St • Galveston, TX 77551 **PHONE:** [409-765-5614](tel:+14097655614) - #### League City, TX If you’re interested in meeting with us at our League City office location, the map, phone number and driving directions are below. Thank you from The Law Offices of Tad Nelson & Associates. The Law Office of Tad Nelson & Associates • 820 E Main St • League City, TX 77573 **PHONE:** [281-280-0100](tel:+12812800100) Call or text [(281) 280-0100](tel:+12812800100) or fill out our [Free Case Evaluation Form](https://tadlaw.com/contact-us/) to get started News Blog Posts: [Partner Strangulation Now a Texas Felony News Intimate Partner Strangulation Now a Felony in Texas On September 1, 2009, two measures went into effect that increase the potential penalties...](https://tadlaw.com/blog/partner-strangulation-now-a-texas-felony/) [Capital Felonies in Texas News A capital felony, as defined by the Texas Penal Code §12.31, is a criminal offense in which an individual intentionally or knowingly causes...](https://tadlaw.com/blog/capital-felonies-in-texas/) [Touring Clear Lake Like a Local News Touring Clear Lake, TX Area Like a Local The Clear Lake area is a widespread, active, community with endless opportunities to get out and...](https://tadlaw.com/blog/touring-clear-lake-like-a-local/) [Best Taxi Services in Clear Lake News Best Taxi Services in Clear Lake, TX As we approach the holiday season, The Law Offices of Tad Nelson & Associates wants to remind...](https://tadlaw.com/blog/best-taxi-services-in-clear-lake/) --- Source: https://tadlaw.com/faqs/how-dwi-can-lead-to-felony-murder/