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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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Durham v. State - 2/5/2004
After the trial court denied his motion to suppress evidence, appellant pleaded guilty to the misdemeanor offense of driving while intoxicated. In accepting appellant's plea, the trial court granted appellant permission to appeal the...

Housing Authority of the City of El Paso v. Rangel - 2/5/2004
Rodolfo Rangel brought a "whistleblower" claim after he was terminated from his position with the Housing Authority of the City of El Paso (HACEP), just two weeks after reporting two members of HACEP's Board of Commissioners for...

Balderrama v. State - 2/5/2004
Presenting one issue which, he posits, requires reversal, appellant Dulces Nombres Balderrama challenges his conviction of felony grade driving while intoxicated. Appellant pled guilty to the offense, but requested the jury to assess...

Folkman v. State - 2/5/2004
The trial court convicted appellant of the misdemeanor offense of driving while intoxicated and assessed his punishment at 180 days confinement in the Collin County Jail. The trial court suspended the sentence and placed appellant on...

Martinez v. State - 2/4/2004
DISMISSED Appellant Gilbert Jose Martinez pled guilty to driving while intoxicated, a third-degree misdemeanor, and was sentenced within the terms of a plea bargain. On September 23, 2003, the trial court imposed sentence and...

Bradberry v. State - 2/4/2004
AFFIRMED Joseph F. Bradberry was charged with driving while intoxicated. He pled nolo contendere and was sentenced to four months in jail. In his sole issue on appeal, Bradberry argues that he was denied his constitutional...

Mosby v. State - 1/29/2004
Richard Allen Mosby appeals his conviction for writing an undercover police officer a prescription for dihydrocodeinone when there was no valid medical purpose for that prescription. He presents sixteen points of error. We overrule...

Barocio v. State - 1/29/2004
Xavier Hernandez Barocio pled guilty to possession of cocaine, with intent to deliver, in an amount weighing more than 200 grams, but less than 400 grams. The trial court sentenced him to ten years' imprisonment and a $2,500.00 fine....

Mahoney v. State - 1/29/2004
By four issues, appellant Thomas P. Mahoney proceeds pro se in order to challenge his conviction for the felony offense of driving while intoxicated (DWI) after a jury found him guilty on January 10, 2002. We affirm. ...

Flores v. State - 1/29/2004
This is an appeal from revocation of Abel Flores's community supervision for possession of cocaine. The trial court sentenced Flores to seven years confinement in the Institutional Division of the Texas Department of Criminal...

Douthitt v. State - 1/29/2004
A jury found appellant Charles Jason Douthitt guilty of intoxication manslaughter, for which the court assessed fifteen years' imprisonment. Tex. Pen. Code Ann. § 49.08 (West 2003). Appellant contends the district court reversibly...

Pena v. State - 1/29/2004
Appellant Roberto Pena was indicted with two counts of intoxication manslaughter and two counts of failure to stop and render aid. Before a jury, Appellant pled guilty to all four counts, but pled "not true" to the allegation that he...

Garza v. State - 1/28/2004
The question in this case deals with preservation of error. Appellant was convicted of possession with intent to distribute cocaine. Tex. Health & Safety Code Ann. arts. 481.102(3)(D), 481.112(a) (Vernon Supp. 2002). Police...

Talkington v. State - 1/22/2004
Appellant Kevin Duane Talkington appeals his conviction for misdemeanor driving while intoxicated ("DWI"), which was enhanced by a prior DWI conviction. A jury found him guilty as charged, and the court sentenced him to sixty days'...

Garcia v. State - 1/22/2004
A jury convicted Appellant Daniel Anthony Garcia of two counts of intoxication manslaughter and sentenced him to seventeen years' confinement for each offense to be served concurrently. The parties are familiar with the facts of this...

Platten v. State - 1/21/2004
Erick Master Platten ("Appellant") appeals his jury conviction for the offense of driving while intoxicated. The judge assessed punishment at 180 days of confinement, probated for a period of two years, and assessed a fine of $2,000,...

Collins v. State - 1/20/2004
Appellant, Patrick Lee Collins, was convicted by a jury of aggravated robbery and sentenced to twenty-five years' incarceration in the Texas Department of Criminal Justice, Institutional Division. In his sole issue on appeal,...

Brennan v. State - 1/15/2004
Ryan Brennan appeals a conviction for driving while intoxicated on the ground that the trial court erroneously denied his motion to suppress evidence (the "motion") because he was seized without reasonable suspicion and arrested...

Garcia v. State - 1/15/2004
Appellant pleaded guilty to felony driving while intoxicated and, in accordance with the plea bargain agreement between appellant and the State, the trial court sentenced appellant to confinement for 15 years. A timely pro se notice...

Spencer v. State - 1/15/2004
Appellant Timothy Spencer was indicted for the offense of felony driving while intoxicated ("DWI"). Prior to trial he filed a stipulation wherein he stipulated to two previous DWI convictions alleged in the indictment. Appellant...

Fontenot v. State - 1/15/2004
MEMORANDUM OPINION Davis Fontenot was convicted and sentenced on an indictment for driving while intoxicated. Fontenot filed a notice of appeal on December 3, 2003. The trial court entered a certification of the defendant's...

Hernandez v. State - 1/15/2004
A jury convicted Eliseo Hernandez of the offense of unlawfully operating a motor vehicle while intoxicated, a class B misdemeanor. The judge assessed punishment at 120 days in the Dallas County Jail, probated for 24 months, and a...

Jenkins v. State - 1/14/2004
MEMORANDUM OPINION A jury found Rickey Lee Jenkins to be guilty of driving while intoxicated, subsequent offense. After finding the indictment's enhancement allegations to be true, the trial court assessed punishment at thirty...

Noria v. State - 1/8/2004
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 October 30, 2003, to confinement for two...

Sylva v. State - 1/8/2004
In three issues, appellant, Gilbert Sylva, challenges his conviction for intoxication assault and aggravated assault with a deadly weapon. We reform the trial court's judgment, and affirm, as reformed. Background ...

Lozano v. State - 1/8/2004
On December 19, 2002, appellant Maurice Lozano pleaded guilty to felony driving while intoxicated in local cause number A-02-0838-S. Tex. Pen. Code Ann. § 49.04(a) (West 2003), § 49.09(b)(2) (West Supp. 2004). The court adjudged him...

Long v. State - 1/8/2004
Richard Norman Long seeks to appeal from a judgment of conviction for felony driving while intoxicated. Sentence was imposed on June 17, 2003. There was no motion for new trial. The deadline for perfecting appeal was therefore July...

Burnaman v. State - 1/8/2004
MEMORANDUM OPINION Greg Ray Burnaman was convicted and sentenced on an indictment for the felony theft offense of driving while intoxicated. Burnaman filed a notice of appeal on November 12, 2003. The trial court entered a...

Ruiz v. State - 1/8/2004
MEMORANDUM OPINION On May 22, 2002, Haltom City Police Officer Timothy Clonce was on routine patrol when he saw Appellant Bridgette Ruiz's vehicle drifting on a straight road and cross the lane divider. Clonce stopped Appellant...

Hough v. State - 1/8/2004
Steven William Hough appeals his conviction of driving while intoxicated. See Tex. Pen. Code Ann. § 49.04 (West 2003). He argues that the county court at law, in a bench trial below, erred by: (1) failing to order a pre-sentence...

Jones v. State - 1/8/2004
Following his conviction for driving while intoxicated, appellant Chad Stuart Jones perfected this appeal. Pending before this Court is appellant's motion to dismiss the appeal. As required by Rule 42.2(a) of the Texas Rules of...

Williams v. State - 1/8/2004
A jury found appellant Kelly Dale Williams guilty of felony driving while intoxicated and assessed his punishment, enhanced by a previous felony conviction, at imprisonment for nine years. Tex. Pen. Code Ann. § 49.04(a) (West 2003),...

Van Palmer v. State - 1/7/2004
Brent Van Palmer entered a plea of guilty to driving while intoxicated pursuant to a plea bargain agreement. The trial court followed the plea bargain agreement and sentenced appellant to 120 days in the Collin County jail and a fine...

In re Mezzell - 12/31/2003
Relator, Donald Ray Mezzell, filed in this Court a petition for writ of mandamus complaining that he pleaded guilty to driving while intoxicated in cause number 450639 without having waived his right to a jury trial. He requests that...

Clayton v. State - 12/24/2003
AFFIRMED This is an appeal from the trial court's denial of appellant Stephen Clayton's motion to dismiss for violation of his right to a speedy trial. We conclude Clayton's right to a speedy trial was not violated; therefore, we...

Smith v. State - 12/24/2003
Roy Kyle Smith ("Appellant") appeals his sentence following the trial court's revocation of his community supervision. Appellant raises one issue on appeal. We affirm. Background On May 29, 2001, Appellant was charged...

Velazquez v. State - 12/23/2003
Manuel Velazquez pleaded guilty to a charge of driving while intoxicated, and pursuant to a plea bargain, the trial court placed him on probation for one year. Velazquez appeals the denial of his motion to suppress the results of an...

Diaz v. State - 12/23/2003
MEMORANDUM OPINION On December 20, 2001, Officer Scott Morgan with the Euless Police Department arrested Appellant Luiz A. Diaz, a Spanish speaking Puerto Rican citizen, for driving while intoxicated (DWI). Although Appellant...

Mayfield v. State - 12/19/2003
Brian Cheney Mayfield pleaded nolo contendere to driving while intoxicated and, as part of a plea bargain agreement, was sentenced to 180 days in jail probated for twenty-four months and an $800 fine. In one point of error, appellant...

Ramos v. State - 12/18/2003
I. INTRODUCTION Appellant Kristina Ramos pled guilty pursuant to a plea agreement to the Class B misdemeanor offense of driving while intoxicated (DWI). Prior to her plea, appellant filed a motion to suppress all blood evidence...

Santori v. State - 12/18/2003
Appellant, Darwin Joshua Santori, was charged by indictment with the offense of intoxication manslaughter. Appellant filed a stipulation admitting that he had twice previously been convicted of driving while intoxicated (DWI). A jury found...

Rodriguez v. State - 12/18/2003
MEMORANDUM OPINION I. Introduction A jury convicted Appellant Jose Ventura Rodriguez of driving while intoxicated ("DWI"), and the trial court sentenced him to 120 days in jail, probated for twenty-four months, and...

Masterson v. State - 12/18/2003
MEMORANDUM OPINION James Ivan Masterson, Jr., was convicted and sentenced on an indictment for driving while intoxicated. Masterson filed a notice of appeal on August 11, 2003. The trial court entered a certification of the...

Skillern v. State - 12/18/2003
MEMORANDUM OPINION Kenneth Skillern was convicted and sentenced on an indictment for driving while intoxicated. Skillern filed a notice of appeal on October 24, 2003. The trial court entered a certification of the defendant's...

Texas Department of Public Safety v. Muniz - 12/18/2003
The Texas Department of Public Safety has filed a motion to dismiss this appeal of the county court's reversal of the suspension of appellee's driver license. Because appellee was found not guilty of driving while intoxicated, the...

Flores v. State - 12/18/2003
Appellant, Guadalupe Guerrero Flores, pleaded guilty to the third degree felony offense of driving while intoxicated (DWI), and a jury assessed his punishment at six years in prison. In two issues, appellant alleges that the trial...

Sneed v. State - 12/17/2003
A jury convicted Clyde Everett Sneed of driving while intoxicated. The trial court assessed punishment and sentenced Sneed to a fine of $400 plus costs and six months in the Orange County Jail. The imposition of the jail sentence was...

Maynard v. State - 12/17/2003
On October 11, 2002, a Lamar County jury convicted Randall Lynn Maynard of intoxication manslaughter and assessed his punishment at forty-five years in the Texas Department of Corrections-Institutional Division. The trial court...

Manns v. State - 12/17/2003
Appellant was convicted in February 2002 of capital murder. Pursuant to the jury's answers to the punishment special issues, the trial judge sentenced appellant to death. Direct appeal to this Court is automatic. Appellant raises...

Getts v. State - 12/16/2003
OPINION DENYING REHEARING On October 29, 2003, we reversed Appellant's felony DWI conviction after concluding that the use of a 1984 DWI conviction to enhance the offense from a misdemeanor to a felony was improper. Accordingly,...

In re Commitment of Adams - 12/11/2003
The State of Texas filed a petition to commit Curtis L. Adams as a sexually violent predator. See Tex. Health & Safety Code Ann. §§ 841.001-.147 (Vernon 2003). A jury found Adams suffers from a behavioral abnormality making him...

Urquhart v. State - 12/11/2003
Russell W. Urquhart appeals his jury conviction of driving while intoxicated, a Class B misdemeanor. The court assessed punishment of 180 days' confinement and a fine of eight hundred dollars. The confinement was suspended and...

Thrower v. State - 12/11/2003
Appellant, Jerry Dewayne Thrower, appeals from his conviction for driving while intoxicated. In two points, appellant complains that the trial court erred in denying his motion to suppress evidence and by ruling that appellant was...

Hinojosa v. State - 12/11/2003
Appellant, Luis Omar Hinojosa, challenges his conviction for driving while intoxicated (DWI). We affirm. On September 27, 2002, Hinojosa made an open plea of guilt to an indictment charging him with felony DWI. At the...

Perez v. State - 12/10/2003
DISMISSED Pursuant to a plea-bargain agreement, Raul G. Perez pled nolo contendere to driving while intoxicated and was sentenced to three years imprisonment and a fine of $1000 in accordance with the terms of his plea-bargain...

Jefferson v. State - 12/9/2003
Jerry Dale Jefferson appeals his conviction for possession of cocaine in an amount less than one gram. After the jury found appellant guilty, the trial court assessed punishment at five years' confinement. In three issues, appellant...

Garcia v. State - 12/4/2003
After the trial court denied his motions to suppress evidence, appellant, Ruben Garcia, pleaded guilty, without an agreed punishment recommendation from the State, to possession with intent to deliver cocaine weighing at least 400...

In re M.C.F. - 12/4/2003
Appellant, Stephanie Ford, appeals from the order of the trial court granting the name change of her child M.C.F. In four points, appellant complains that the trial court erred by changing the child's name to the father's surname...

Ex parte Rae - 12/3/2003
This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Article 11.07, § 3, et seq., V.A.C.C.P. Applicant was convicted of driving while intoxicated, and punishment was...

Simnacher v. State - 12/3/2003
On June 25, 2002, after a bench trial, appellant Vince Lee Simnacher was found guilty of the offense of driving while intoxicated and his punishment was assessed at 180 days confinement in the Lamb County Jail, probated under community...

Bosnjakovic v. State - 11/26/2003
Appellant, Muhamed Bosnjakovic, was charged with the felony offense of driving while intoxicated. Before voir dire, he stipulated to the two prior DWI convictions alleged in the indictment to enhance the primary offense to a felony....

Thompson v. State - 11/26/2003
Brian Paul Thompson ("Appellant") appeals his conviction for driving while intoxicated. In his sole issue on appeal, Appellant argues the trial court erred by failing to exclude hearsay evidence. We affirm. Background On...

Flowers v. State - 11/26/2003
Johnny Flowers, Jr., appellant, was charged with felony driving while intoxicated (DWI). The jury found appellant guilty. The trial court, after finding two enhancement paragraphs true, assessed punishment at 50 years' confinement....

Miller v. State - 11/26/2003
MEMORANDUM OPINION Robert Miller appeals his conviction for driving while intoxicated. We will affirm. Phillip Alvarez, an Arlington police officer, was returning home from a part-time security job at four in the morning...

Porter v. State - 11/25/2003
Appellant Floyd Matthew Porter appeals his conviction for unlawful possession of a firearm by a felon. In a single issue, appellant contends the trial court erred in admitting evidence of two misdemeanor convictions for impeachment...

In re C.J.F. - 11/25/2003
Following a jury's recommendation, the trial court entered an order terminating appellants Brenda Thaxton's and Nathan Felder's parental rights in their son C.J.F. By this appeal, Brenda and Nathan contend the trial court erred in...

Martinez v. State - 11/21/2003
A jury convicted appellant Manuel H. Martinez, Jr., of misapplication of fiduciary property having a value of $200,000 or more. See Tex. Pen. Code Ann. § 32.45(b) (Vernon Supp. 2004). The trial court assessed punishment at seven...

Markham v. State - 11/20/2003
Gary Lynn Markham, Jr., attempts to appeal the revocation of his community supervision and imposition of twelve years' imprisonment for the offense of attempted driving while intoxicated committed in 2000. Pursuant to a plea...

McClinton v. State - 11/20/2003
MEMORANDUM OPINION Appellant Gary Dewayne McClinton appeals from his conviction by a jury for felony driving while intoxicated (DWI). In accordance with the jury's verdict, the trial court sentenced appellant to ten years'...

In re Commitment of Petersimes - 11/20/2003
The State of Texas filed a petition to commit Mark Petersimes as a sexually violent predator (SVP) pursuant to Texas Health & Safety Code Chapter 841 - the Civil Commitment of Sexually Violent Predators Act ("Act"). See Tex....

Rose v. State - 11/20/2003
A jury convicted Appellant Kevin Wayne Rose of driving while intoxicated, and the trial judge assessed punishment at 120 days in jail, probated for two years, and a fine of $500. Appellant brings a single point on appeal challenging...

Williams v. State - 11/19/2003
APPEALS DISMISSED Pursuant to a plea bargain agreement, Tremont Williams ("Williams"), entered a plea of nolo contendere to the offense of driving while intoxicated as a repeat offender. The trial court imposed sentence in...

Brown v. State - 11/19/2003
AFFIRMED Justin Addison Brown appeals his conviction of driving while intoxicated, contending that the trial court erred in denying his motion to suppress because the stop of his vehicle was not supported by reasonable...

Kindle v. State - 11/18/2003
Robert Andrew Kindle appeals his conviction for driving while intoxicated. He raises three issues for our review, challenging the trial court's denial of his motion to suppress evidence, and both the legal and the factual sufficiency...

Welch v. State - 11/14/2003
David Wayne Welch appeals the trial court's decision to revoke his community supervision for the offense of intoxication manslaughter. On appeal, Welch contends the State presented insufficient evidence to support the finding Welch...

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