Texas may be a gun-friendly state, but the law does not look favorably on reckless or intoxicated possession of a firearm. Whether you have a License to Carry permit or not, state law carves out exceptions to the rights of gun owners when it comes to alcohol and drugs.
Still, firearm owners may have strong defenses within the current law and in situations the law does not clearly address.
LTC holders in Texas may carry a firearm in accordance with the law in places where state law does not prohibit. One of the better known restrictions to carrying is the “51% rule,” dictating that it is unlawful to carry at a “business that derives 51 percent or more of its income from the sale of alcohol for on-premises consumption.”
In short, it is illegal to carry on the grounds of a bar or nightclub, and these businesses must post a notice containing this law on the entrance.
The new gun laws implemented in 2019 offer a potential defense to LTC holders who fail to see such notice so long as they leave the premises promptly if someone there requests it. Licensed carriers will have another defense if the bar owner fails to post this notice properly.
Gun carriers without an LTC will likely face more severe consequences for carrying unlawfully, particularly if they carry into a location explicitly prohibited under Texas law. If you find yourself facing charges without a license, you will want to contact a legal professional to determine your legal defense options.
If you consume alcohol while carrying a firearm, additional laws may apply. It is unlawful in the state of Texas for an LTC holder to carry a gun while intoxicated — Texas law defining intoxication as “substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.”
A defense in such situations will depend heavily on the amount of alcohol you consumed and how “impaired” your behavior appeared to be. State law considers anything above a .08 Blood Alcohol Concentration to be intoxicated, but you do not need to measure a .08 to face charges.
Essentially all persons in the state who may lawfully own a firearm may keep that firearm in their home, on their property or in their car, with or without an LTC. New laws that took effect in 2019 extended that right to tenants, as well.
The law does not specifically address persons drinking at home with a firearm on the premises. But gun owners will probably have a viable defense due to state protections for keeping a weapon on your property. The strength of a defense may rely heavily on whether any reckless behavior accompanied the firearms and, if so, how reckless the behavior was.
]]>College involves a major investment, and if you are like many parents of college students, you may have worked hard to secure financial aid for your child. While financial aid may have given your child the ability to attend college, his or her actions while there also have the potential to put a stop to that aid.
According to Federal Student Aid, an office of the U.S. Department of Education, if a judge or jury convicts your child on a drug-related criminal charge while your child is receiving financial aid, the conviction impacts financial aid eligibility moving forward.
Any type of drug conviction may impact financial aid eligibility. However, many people oppose this rule. Some argue that it does not make sense to punish college students by making it harder for them to continue their education. Others say that the rule is especially troublesome for minority students because they are frequent targets of drug enforcement efforts.
If your college student does become ineligible for financial assistance for a period as a result of drugs, there are two things he or she may do to start receiving aid again early. The first way to do so involves taking and passing two drug tests administered by an approved drug rehabilitation program. The second way involves completing an approved substance abuse rehabilitation program.
If your child completes rehab or passes two drug tests through an approved provider, inform the financial aid office right away. That way, your child may start receiving financial aid again as soon as possible.
]]>As the Centers for Disease Control and Prevention reports, any amount of alcohol increases the risk of crashes among teens versus older age groups.
Texas’s Zero Tolerance laws classify drunk driving among teens as driving under the influence of alcohol by a minor. These laws are not meant to curb a child’s future, but rather to keep roads as safe as possible. Parents who receive that call should understand what is ahead for them and their teen.
As the Texas Department of Public Safety details, once authorities pull over and suspect a minor of alcohol use, they may arrest him or her and have the car towed. Once handcuffed, the teen has an opportunity to take a breath test at the police station or a blood test at a local hospital. The officers on the case decide which tests suit the circumstances best. The teen may refuse both tests, but may see his or her license suspended from 180 days to two years due to the implied consent laws for minors.
Once a teen’s specimen or test confirms the presence of alcohol while operating a motor vehicle in a public place, punishment depends on past occurrences. First offenses can see fines of $500, 60 days suspension of a driver’s license, 20-40 hours of community service and a requirement to attend an Alcohol Awareness Course. The parent may need to attend as well.
Further offenses increase suspension terms and see more community service hours added. Depending on extenuating circumstances, authorities can increase charges to adult DWI levels where jail time and fines increase drastically.
]]>Incidents of protests in Texas are on the rise as racial tensions surge across the state. Protestors and law enforcement face off almost daily as marches and protest gatherings increase.
When a protest turns violent, confusion, fear and misunderstandings may result in death, as one motorist in Austin recently discovered.
According to the New York Times, the deadly incident occurred during a protest when an on-duty Uber driver encountered a march while dropping off a passenger. An armed man approached the vehicle and the driver lowered his window, believing the man to be a member of law enforcement. However, when the protestor raised his rifle, the driver, who carried a weapon with him while performing his rideshare duties, shot the man in alleged self-defense.
While several people in the crowd viewed this incident, accounts of what actually happened vary. Some say that the Uber driver fired without cause and that the protestor never raised his rifle, while others say he threatened the driver, who fired in response. According to one journalist, the protester carried a weapon, classified as an assault rifle, because he believed the police would not actively defend his rights. It is unclear whether he followed Texas gun control laws at the time of the shooting.
The Uber driver, who had a license for the handgun he used, is a soldier serving at a Texas base and engaging in rideshare driving to supplement his income. Currently, he faces no charges as a result of the shooting.
Texas gun control laws are generally not as stringent as in other states. However, those who choose to carry weapons may place themselves in danger if they decide to use them in moments of fear or indecision.
]]>Texas motorists can receive fines, license suspension and jail time for driving while intoxicated by drugs or alcohol. DWI charges apply to drivers with visible impairment or measured blood alcohol content of at least 0.08% at the time of the arrest.
If you face DWI charges in Texas, review the potential penalties for conviction.
If you have no prior DWI convictions in Texas, you could receive the following legal penalties for a first-time conviction:
In addition, Texas doubles the maximum first-time DWI penalties for drivers arrested with a BAC of 0.15% or higher.
If you already have a DWI conviction in the past five years, penalties for a conviction may include:
For a third Texas DWI in the same five-year period, you could receive:
Texas is an implied consent state for sobriety testing. You can receive added penalties if you refuse a breath test at the scene of an arrest.
]]>Some drugs have a high potential for abuse but are also helpful in treating certain medical conditions. If you have a need for them, your doctor can grant you access to them with a prescription.
However, if you are in possession of a drug for which you do not have a valid prescription, you could face felony charges. Texas organizes drugs used for illicit purposes into five penalty groups which are separate from, but related to, the federal government’s schedule of controlled substances.
According to Greenhouse American Addiction Centers, the substances in Penalty Group One are those for which you can face the harshest consequences for possession. It includes Schedule I controlled substances with no accepted medical uses, such as Rohypnol and GHB. However, it also includes opioid pain medications available on a temporary basis with a prescription, including fentanyl and oxycodone.
It is a state jail felony in Texas to possess less than one gram of an unprescribed substance belonging to Penalty Group One. Often, this means that you could face felony charges for a single pill. The drug does not necessarily need to be on your person. Instead, it could be present in your home or in your car and still incur felony possession charges.
If the court convicts you of a state jail felony for drug possession, you may have to pay a fine of up to $10,000. Additionally, you could go to state prison for a period of six months to two years.
]]>While the Second Amendment guarantees that citizens of the United States may bear arms, gun control laws vary wildly from state to state. The purpose of such laws is to prevent the prevalence of gun crimes and violence. States have the difficult task of balancing the right to bear arms with a gun policy that puts them in the hands of people responsible enough to use them for the right reasons.
If you live in Texas and are considering purchasing a firearm, you may have questions about the legalities of obtaining one without risking a weapons charge. Keep reading for more information on who may possess guns in Texas, and which firearms you cannot own.
In some states, there are many restrictions when it comes to who may obtain a firearm and how long they must wait to receive it after their purchase. According to FindLaw, however, Texas gun control laws are a bit more relaxed. There is no waiting period in Texas, for example, between purchasing and receiving a gun.
In addition to a lack of waiting time, Texas has a short list of persons who may not own firearms at all. This list includes people in jail, felons within five years of their release or parole and minors under 18 who do not have parental consent.
Texas’ penal code for firearms is similar to the federal regulations which oversee acceptable guns you may own. You cannot legally obtain or own machine guns, silencers for guns or short-barreled guns. Additionally, any ammunition designed to pierce armor is illegal.
]]>The Texas Department of Transportation explains that the state takes different approaches to the set of penalties for a driver accused of impaired operation if that person’s age falls below the legal age for consuming alcohol than if the driver is at least 21 years old.
Texas’ zero tolerance approach
The state adopts a zero tolerance method to addressing impairment by a minor driver. In fact, a driver between the ages of 17 and 20 may even experience some time in jail after only a first allegation of drunk driving. In addition to potentially spending time in jail, a teen driver may be required to pay high fines and lose the right to drive for a while. Participation in community service activities commonly accompanies a minor driver’s consequences for an allegation of drunk driving.
Adult involvement may be misdemeanor
The state indicates that an adult may provide alcohol to their own minor child so long as the adult remains with the child during consumption. However, an adult found to have sold an alcoholic beverage to an underage person may end up being charged with a Class A misdemeanor under state law.
This information is not intended to provide legal advice but is instead meant to give minors and their parents an overview of some of the penalties that may result if they are convicted of a drunk driving offense in Texas.
]]>The program, designed to provide participants with job, communication and problem-solving skills, results in expunged charges after successful completion.
Participant requirements
The Collin County District Attorney opens the program to most offenders without prior violent misdemeanor or adult felony charges. Individuals facing charges for DWI or for violent or sexual offenses are not eligible.
The participant must apply through the program website within 30 days of hiring attorney representation with a personal statement. This letter should express the reasons why the person wants to participate in the diversion program and how he or she will make positive changes with this second chance at a clean record. The DA reviews each application to determine eligibility.
Program requirements
Most people complete Burden to Blessing within six to 12 months. To receive expunction of charges, the participant must:
Participants can also complete an optional 5-Night Rewrite program. This course focuses on developing enhanced job skills and planning a lucrative future career. Those who finish this class can qualify for an additional 40-hour community service waiver.
The DA reports that thousands of young offenders have achieved record expunction since the diversion program came to Collin County in 2011. In April 2020, the office announced plans to further enhance the opportunities available through Burden to Blessing.
]]>In March of this year, state authorities arrested a mother on charges of driving while intoxicated with a child younger than 15 years of age. A court indicted her of a state jail felony for the same charge on May 12th.
A $10,000 bond secured the woman’s release from jail the day following her arrest. However, the bond requirements prevent her from having any contact with her two young children.
Bond requirements
The bond allowed the woman to get out of jail on the condition that she does not have any contact with the two young children, ages 3 and 1, who were in the car at the time of her arrest. This includes keeping a distance from locations that the children frequent, including their residence and school. It is not clear who has custody of the children at this time. An additional requirement of the bond is that the woman not drive except in a vehicle with a camera-equipped ignition interlock installed.
Blood search warrant
The initial traffic stop occurred due to speeding. Per the authorities’ report, the woman was driving in a 35-mph zone at a velocity of 59 miles per hour. Court documents indicate that authorities found the two young children in the vehicle upon the initial traffic stop.
Authorities believed the woman may have been under the influence based on field sobriety tests and observed confusion. They requested a blood sample for testing. When the woman refused to give a sample voluntarily, a judge issued a blood search warrant drawn at a nearby medical center.
Penalties if convicted
A state jail felony is the least severe type of felony in Texas, though still a serious crime. Possible penalties include suspension of driving privileges, a fine of $10,000 at most and incarceration in a state jail facility between six months’ and two years’ duration.
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