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Texas Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Texas or Court of Appeals of Texas where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Portillo v. State - 12/15/2005
The jury convicted Miguel Portillo of the misdemeanor offense of driving while intoxicated. The trial court assessed his punishment at confinement for one year in the Harris County Jail. Appellant asserts that the evidence is legally...

Ex parte Meunier - 12/14/2005
ORDER This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte...

Ex parte Cline - 12/14/2005
ORDER This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense...

Griffin v. State - 12/14/2005
Sitting: Alma L. Lopez, Chief Justice Catherine Stone, Justice Phylis J. Speedlin, Justice AFFIRMED Corby Jack Griffin challenges his conviction of driving while intoxicated, asserting that the trial court erred in...

Ex parte Medina - 12/14/2005
ORDER This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte...

Velasquez v. State - 12/14/2005
Before Justices Morris, Bridges, and Francis In 2004, Jude Velasquez was charged by indictment with driving while intoxicated. The indictment further alleged that, before the commission of the 2004 offense, Velasquez had been...

Rogers v. State - 12/12/2005
Before Justices FitzGerald, Lang-Miers, and Mazzant Wesley Ray Rogers appeals his conviction for felony driving while intoxicated. After the jury found appellant guilty, it found appellant had two prior felony convictions, and...

Starrin v. State - 12/8/2005
Following the trial court's denial of her motion to suppress evidence, Appellant Paula Joe Starrin, pursuant to a plea bargain, pled no contest to the offense of driving while intoxicated (DWI), reserving her right to appeal the...

Romero v. State - 12/8/2005
Before QUINN, C.J., and REAVIS and CAMPBELL, JJ. Gregory James Romero appeals from his conviction for driving while intoxicated. His four issues concern 1) the legal and factual insufficiency of the evidence supporting the...

Wigington v. State - 12/8/2005
ORDER Our former opinion and judgment dated September 15, 2005, are withdrawn, and our opinion and judgment dated December 8, 2005, are substituted therefor. OPINION ON PETITION FOR DISCRETION ARY REVIEW The trial...

Matthews v. State - 12/8/2005
Appellant, Colin Rhea Matthews, was charged by information with driving while intoxicated, a Class B misdemeanor. After the trial court denied appellant's motion to suppress the evidence seized as a result of his arrest, appellant...

Porter v. State - 12/8/2005
I. Introduction Appellant Kenneth Charles Porter entered a plea of nolo contendere to the offense of driving while intoxicated (DWI). The trial court entered a judgment of guilty and sentenced him to 120 days' confinement. In a...

Tuton v. State - 12/8/2005
I. Introduction Appellant William Eugene Tuton appeals his conviction for felony driving while intoxicated (DWI). A jury found Tuton guilty and assessed his punishment at eleven years' confinement, and the trial court sentenced...

State v. Guzman - 12/8/2005
The State appeals orders sustaining appellee Alex Garcia Guzman's plea of former jeopardy and dismissing the indictment in this cause. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(1), (4) (West Supp. 2005). The question presented is...

Torres v. State - 12/7/2005
In the early morning hours of October 5, 2000, appellant drove his vehicle off the road and into the porch of a house located in rural Wharton County. After the accident, Department of Public Safety (DPS) Trooper William Sulak...

Cathey v. State - 12/7/2005
Sitting: Catherine Stone, Justice, Sarah B. Duncan, Justice, Karen Angelini, Justice. REVERSED AND RENDERED Boon Michael Cathey appeals the judgment convicting him of driving while intoxicated. Cathey argues he was denied...

Antu v. State - 12/7/2005
Following an open plea of guilty, appellant Jesus Antu was convicted of driving while intoxicated. The offense was enhanced to a third degree felony due to two prior convictions, and he was sentenced to five years confinement and a...

Harris v. Texas Dep't of Public Safety - 12/6/2005
Challenging the two-year suspension of his driving privileges, appellant James M. Harris contends in two issues that (1) there is not substantial evidence to support the decision to suspend his driving privileges, and (2) he was...

Ledee v. State - 12/6/2005
Appellant, Joseph Peter Ledee, appeals from his conviction for aggravated assault. After a bench trial, the trial court found appellant guilty and sentenced him to 40 years' imprisonment. In three issues, appellant attacks the legal...

Leyva v. State - 12/1/2005
This is an appeal from a conviction for the offense of felony driving while intoxicated. Appellant pleaded guilty to the court and the court assessed punishment at five' years community supervision and a fine of $500. We affirm the...

Bucsko v. State - 12/1/2005
The jury convicted Francis Steven Bucsko of driving while intoxicated, and the trial court assessed his punishment at 180 days confinement and a $2,000 fine. The trial court suspended the imposition of the confinement portion of the...

In re J.C.B. - 12/1/2005
John Lewis Blair ("Blair") appeals the termination of his parental rights on the ground that the evidence was factually insufficient to show that termination was in the best interest of the child ("J.C.B."). We affirm. ...

Blews v. State - 12/1/2005
Eric T. Blews was convicted of public intoxication and fined $125.00, plus court costs. Blews appeals claiming the trial court erred in denying his motion to quash the complaint because the complaint failed to allege the intoxicant. ...

Arredondo v. State - 12/1/2005
I. Introduction Raymond F. Arredondo, III appeals his conviction for driving while intoxicated. The trial court sentenced him to one hundred fifty days' confinement. The trial court suspended the sentence in favor of...

Willich v. State - 11/30/2005
In three issues, Appellant Robert Lewis Willich challenges his conviction for felony driving while intoxicated. We affirm. Background On September 8, 2003, Appellant was indicted for driving while intoxicated on July 5,...

Texas Alcohilic Beverage Commission v. Yolanda Quintana - 11/30/2005
The Texas Alcoholic Beverage Commission (the Commission) appeals from a judgment reversing its order which cancelled a mixed beverage permit issued to Yolanda Quintana d/b/a The Tap Bar and Restaurant (Quintana). We reverse and...

Lovell v. State - 11/30/2005
Tammie Dean Lovell appeals the trial court's denial of her application for writ of habeas corpus requesting release from the conditions of her appeal bond. In two issues, Appellant contends that the trial court erred in imposing bond...

Felix v. State - 11/29/2005
Before Justices Morris, Wright, and Francis Richard Cary Felix appeals his conviction for intoxication manslaughter. After the trial court found appellant guilty, it assessed punishment at thirty years' confinement. In five...

Houston v. State - 11/29/2005
Willie Ray Houston appeals his conviction after a bench trial for felony driving while intoxicated. In a single point of error, appellant complains that, after the State had rested, the trial court permitted the State to reopen the...

Matthews v. State - 11/29/2005
Before REAVIS and CAMPBELL and HANCOCK, JJ. ABATEMENT AND REMAND Following a plea of not guilty, appellant Terry L. Matthews was convicted by a jury of driving while intoxicated, enhanced by a prior conviction for driving...

Perez v. State - 11/23/2005
Sitting: Sarah B. Duncan, Justice, Karen Angelini, Justice, Sandee Bryan Marion, Justice. AFFIRMED Andres Perez appeals his conviction for the felony offense of driving while intoxicated. In one issue, Perez argues that...

Ex parte Howard - 11/23/2005
Sitting: Catherine Stone, Justice, Sarah B. Duncan, Justice, Rebecca Simmons, Justice. AFFIRMED In this appeal, Cory Howard seeks reversal of the trial court's denial of his application for a pretrial writ of habeas...

Jagaroo v. State - 11/23/2005
Appellant Ramchand Jagaroo was indicted in trial cause numbers 961,564 and 961,565 for intoxication manslaughter and intoxication assault, respectively. Each indictment contained an enhancement for appellant's prior felony conviction...

Lambeth v. State - 11/23/2005
Appellant Mickel Wayne Lambeth, Jr. appeals his conviction for possession of less than two ounces of marijuana. In two issues, appellant contends that the trial court erred in denying his motion to suppress. We affirm. At 10:11...

State v. Plambeck - 11/23/2005
Keller, P.J., delivered the opinion of the Court in which KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined. JOHNSON, J., delivered a dissenting opinion in which MEYERS, PRICE, and WOMACK, JJ., joined. The question we confront...

In re T.N.J. - 11/23/2005
Sitting: Alma L. Lopez, Chief Justice, Catherine Stone, Justice, Karen Angelini, Justice. AFFIRMED This appeal arises from a final divorce decree in which the parental rights of Joshua Robert Jones were terminated. Krista...

Bilski v. State - 11/23/2005
Appellant Kenneth Carl Bilski appeals his conviction for possession of less than one gram of cocaine. In seven points of error, appellant alleges that (1) the evidence is legally and factually insufficient to support a guilty...

Kuehne v. State - 11/23/2005
Appellant pleaded guilty to the offense of driving while intoxicated third offender and, in accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for 10 years. Appellant filed a timely notice...

Grimes v. State - 11/22/2005
Following a plea of not guilty, appellant Christopher S. Grimes was convicted by a jury of driving while intoxicated and punishment was assessed by the trial court at 120 days confinement, suspended for 18 months and an $800 fine, of...

Jackson v. State - 11/17/2005
Appellant, William Jackson, Jr., pleaded not guilty to the felony offense of driving while intoxicated enhanced to a second degree felony. Appellant waived his right to a jury trial. The court found appellant guilty and reset the...

Ex parte Fisher - 11/17/2005
Appellant's motion for rehearing is denied. The memorandum opinion and judgment dated September 15, 2005, are withdrawn and this memorandum opinion is substituted. Crystal Fisher appeals the trial court's denial of her...

Elkins v. State - 11/17/2005
Appellant Franklin Robert Elkins a/k/a Robert Franklin Elkins appeals his conviction for intoxication manslaughter. In eight issues, appellant contends that the trial court erred by refusing to instruct the jury about when a driver...

Walker v. State - 11/16/2005
Jerry Glenn Walker appeals his conviction for boating while intoxicated, for which he was sentenced to imprisonment for nine years and fined five thousand dollars. Appellant raises two issues on appeal. We affirm. BACKGROUND ...

Muniz v. State - 11/16/2005
A jury found Phillip Paul Muniz guilty of driving while intoxicated. Tex. Pen. Code Ann. § 49.04 (a), (b) (Vernon 2003). The jury assessed punishment for the Class B misdemeanor offense at 90 days of jail confinement and a $1,000...

Ex parte Romero - 11/15/2005
Before Justices Moseley, Richter, and Lang-Miers Jean Romero is charged with driving while intoxicated with a child under fifteen years of age in the vehicle. Pretrial bond was set at $2500, which appellant posted on April 9,...

Lewallen v. State - 11/15/2005
Before Chief Justice Thomas and Justices Richter and Maloney The trial court found Todd Wayne Lewallen guilty of driving while intoxicated and assessed a 120-day confinement in the Dallas County Jail and a $1000 fine, suspended...

Bedwell v. State - 11/10/2005
After a guilty plea, appellant was convicted of driving while intoxicated and placed on community supervision for ten years. On February 25, 2005, the State filed its amended motion to revoke appellant's probation. After hearing...

Peters v. Texas Dep't of Public Safety - 11/10/2005
Before Justices Whittington, Francis, and Lang David Wayne Peters appeals the suspension of his driver's license following an arrest for driving while intoxicated (DWI). In three issues, appellant claims the trial judge erred...

Garner v. State - 11/10/2005
Appellant, Clinton Garner, pleaded guilty, with an agreed recommendation by the State, to the offense of driving while intoxicated and also pleaded true to two enhancements paragraphs for prior convictions for the same offense. The...

Brown v. State - 11/9/2005
Donald Raye Brown seeks to appeal from a judgment of conviction for driving while intoxicated. The trial court has certified that this is a plea bargain case and Brown has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The...

Starr v. State - 11/9/2005
Before Justices Whittington, Francis, and Lang Taylon Star was convicted of driving while intoxicated. Sentence was imposed on July 14, 2005 and no motion for new trial was filed. Therefore, appellant's notice of appeal was due...

Rubio v. State - 11/8/2005
Before Justices FitzGerald, Lang-Miers, and Mazzant A jury found Marco Antonio Rubio guilty of driving while intoxicated. See Tex. Pen. Code Ann. § 49.04 (Vernon 2003). The trial judge assessed punishment at 180 days'...

Hernandez v. State - 11/4/2005
Juan Manuel Hernandez appeals the revocation of his community supervision and imposition of the original sentence imposed on his conviction for the offense of burglary of a habitation. We affirm the trial court's order and judgment. ...

Ogaz v. State - 11/3/2005
A jury found Appellant Eloy Earl Ogaz, Jr. guilty of felony driving while intoxicated (DWI), and the trial court sentenced him to three years' confinement. Appellant timely appealed. Appellant's court-appointed appellate counsel has...

Gallichio v. State - 11/3/2005
Before Justices Whittington, Francis, and Lang Felix Arnold Gallichio appeals the trial court's judgment convicting him of driving while intoxicated (DWI) and sentencing him to 365 days of confinement, probated for twenty-four...

Corbett v. State - 11/3/2005
I. Introduction A jury convicted Appellant Timothy Patrick Corbett of driving while intoxicated, and the trial court fined him $1,000 and assessed punishment at seventy-five days' confinement. In three issues, Corbett argues...

Pullis v. State - 11/3/2005
Appellant John Peter Pullis appeals from a conviction for driving while intoxicated with a child passenger committed on December 27, 2003. A jury convicted Appellant and assessed his punishment at twenty-four months' confinement in a...

Paz v. State - 11/3/2005
Appellant entered a guilty plea to the offense of driving while intoxicated. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on August 31, 2005, to confinement for two...

Martin v. State - 11/2/2005
A jury convicted Richard Martin of the felony offense of Driving While Intoxicated ("DWI") with an alleged offense date of April 18, 2003. See Tex. Pen. Code Ann. §§ 49.04(a), 49.09(b)(2) (Vernon 2003 and Supp. 2005). Alleged along...

Landon v. State - 10/31/2005
Tavion Dquan Landon appeals his conviction for injury to a child, for which he was sentenced to ten years of imprisonment. Appellant's counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18...

State v. Lawler - 10/31/2005
The trial court granted Cody Dale Lawler's motion to suppress the evidence obtained from Texas Department of Public Safety Trooper Thomas Anderson's traffic stop of Lawler October 9, 2004. The State intended to use that evidence to...

Moreno v. State - 10/28/2005
Appellant Ramon Moreno brings this appeal from his conviction for the felony offense of driving while intoxicated and punishment of nine years confinement, probated for six years. We will affirm. Appellant's conviction was the...

Cook v. State - 10/28/2005
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Appellant, Jason Cook, was convicted of possessing methamphetamine with intent to deliver in an amount of less than 200 grams but at least four grams. In one issue, he argues...

Newell v. State - 10/27/2005
Sherman Wesley Newell appeals his conviction for driving while intoxicated. In two points, appellant complains that the evidence is legally and factually insufficient to support his conviction because the State failed to present...

State v. Wise - 10/26/2005
Sitting: Catherine Stone, Justice, Phylis J. Speedlin, Justice, Rebecca Simmons, Justice. REVERSED Appellant Maria Wise was stopped after San Antonio Police Department Officer Fidel Acosta observed her driving on the...

State v. Krueger - 10/26/2005
Appellee, Amy Vanessa Krueger, was found guilty by a jury of the misdemeanor offense of Driving While Intoxicated, and elected to have punishment assessed by the trial court. Appellee was sentenced to confinement in the Montgomery...

Ex parte Martinez - 10/26/2005
The applicant pleaded nolo contendere to a charge of driving while intoxicated, a felony offense of the third degree. The trial court said it would assess a punishment of three years in prison or, if the applicant preferred, a sentence...

Miller v. State - 10/26/2005
We granted the appellant's petition for discretionary review to decide whether the court of appeals erred in concluding that the appellant's written notice of appeal had not been timely filed and therefore erred in dismissing the...

Tarpley v. State - 10/24/2005
AFFIRM OPINION ON RECONSIDERATION ON PETITION FOR DISCRETIONARY REVIEW Before Justices Whittington, FitzGerald, and Richter We withdraw our opinion of August 10, 2005 and vacate the judgment accompanying that opinion....

State v. Carter - 10/20/2005
The State appeals the trial court's grant of appellee Katherine Marie Carter's motion to suppress. In nine points, the State contends that the trial court erred in granting appellee's motion to suppress based on its misapplication of...

Vasquez v. State - 10/19/2005
Before Justices Morris, Wright, and Richter At Richard Thomas Vasquez's trial for driving while intoxicated, the trial court permitted a State's witness to perform an in-court horizontal gaze nystagmus test on him. Following...

Beck v. State - 10/19/2005
Before REAVIS and CAMPBELL and HANCOCK, JJ. ABATEMENT AND REMAND Following a plea of not guilty, appellant James Raymond Beck was convicted by a jury of driving while intoxicated. Having elected assessment of punishment by...

Habib v. State - 10/19/2005
Before Justices Moseley, Bridges, and O'Neill Albert Joshua Habib was convicted of driving while intoxicated. Punishment was assessed at 180 days' confinement in jail, probated two years. We adopted a finding that appellant has...

Chavez v. State - 10/19/2005
Chavez appeals his misdemeanor conviction for driving while intoxicated. See TEX. PENAL CODE ANN. § 49.04(a) (Vernon 2003). We affirm. Closing Argument In Chavez's first issue, he contends that the State improperly stated...

Shackelford v. State - 10/19/2005
Shackelford appeals his conviction for felony driving while intoxicated. See TEX. PENAL CODE ANN. §§ 49.04(a), 49.09(b) (Vernon 2003). We affirm. In Shackelford's one issue, he contends that the evidence of intoxication was...

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