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Texas Court Upholds Citizen's Arrest in DWI CaseA Texas appellate court denied a woman’s request to overturn her driving while intoxicated conviction, which she claims was influenced by inadmissible evidence. In her appeal, the woman argued that:

  • A private security guard involved in her case was not authorized to make a citizen’s arrest; and
  • Without informing her of her Miranda rights, a police officer at the scene questioned her and obtained an incriminating statement, which he mentioned during his testimony.

The appellate court decided that the citizen’s arrest was legal and the self-incriminating statement was not the deciding evidence in the case.

Case Details

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Facing Intoxication Manslaughter in TexasProsecutors charge a defendant with manslaughter when the defendant unintentionally kills someone through his or her reckless behavior. Many states have different classifications of manslaughter, including vehicular manslaughter for when a driver acts recklessly. Texas law has a charge of intoxication manslaughter that is separate from vehicular manslaughter. Texas prosecutors bring intoxication manslaughter charges against defendants involved in fatal accidents who are suspected of driving while intoxicated. Defendants who are convicted of intoxication manslaughter may receive severe penalties.

Intoxication Manslaughter Charges

The difference between vehicular manslaughter and intoxication manslaughter is the allegation of intoxicating substances being involved the incident. The victim can be someone in another vehicle, a passenger in the defendant’s vehicle or a pedestrian. In order to prove intoxication manslaughter, the prosecution must show that:

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b2ap3_thumbnail_Field-Sobriety-Test-Types.jpgTexas motorists can refuse to take a field sobriety test when police officers pull them over on suspicion of driving while intoxicated. Officers use the test to determine if motorists have any physical or mental impairments, and the test results can be evidence in DWI cases. There is no penalty for refusing a field sobriety test, but the driver may still be arrested if the officer believes there are other signs of DWI. If the case goes to trial, prosecutors may claim that refusing the test is evidence of guilt.

Whether you are sober or not, you are taking a risk if you agree to a field sobriety test. You may perform poorly during the test due to factors other than sobriety, such as the surrounding environment or a natural lack of balance. Your test performance can be considered evidence that you were impaired, even if your blood alcohol content was below the legal limit. The National Highway Safety Administration has three standard sobriety tests.

Horizontal Gaze Test

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