Off-duty DPS trooper charged with DWI in Hutto not drunk, police say | Texas Department of Public Safety Trooper

Off-duty DPS trooper charged with DWI in Hutto not drunk, police say | Texas Department of Public Safety Trooper

The off-duty Texas Department of Public Safety Trooper charged with driving while intoxicated in Hutto had not been drinking, according to an affidavit.

Trooper Shannon Gray was taking a muscle relaxant for back pain when she fell asleep at the drive-through window at a McDonald’s restaurant in Hutto, the affidavit said. Under state law a driver can be charged with driving while intoxicated if the person loses mental or physical facilities because of alcohol or drugs, according to the affidavit.

A witness saw Gray swerving in a Toyota Tundra on the road and driving into a grassy ditch before she turned into the McDonald’s in the 600 block of Texas 79, the affidavit said.

The witness notified police at 10:15 p.m. that Gray’s vehicle had been stopped by the menu in the drive-through at the restaurant for several minutes, delaying cars that pulled up behind her, according to the affidavit.

When a police officer tried to talk to Gray in her vehicle, she kept opening and closing her eyes and could not answer questions, including what her phone number was or what section of the DPS she worked in, the affidavit said. She was slurring her speech and stuttering, according to the affidavit. There was no smell of alcohol coming from the car, the affidavit said.

Paramedics called to the scene said Gray had not had a seizure and that her blood pressure was normal, the affidavit said. Gray told police that she was not diabetic but that she had taken a muscle relaxant to fall asleep, according to the affidavit.

She said she was prescribed the drug for back pain, the affidavit said.

She said she had taken the muscle relaxant while she was driving but it usually did not affect her driving abilities, according to the affidavit. She declined to provide a sample of her blood, and no sample was taken at the Williamson County Jail because “no alcohol intoxication was suspected,” the affidavit said.

Gray will be suspended, said Tom Vinger, a spokesman for the Texas Department of Public Safety. Gray has been a DPS trooper since 1995 and worked in the state Capitol complex downtown, he said. No information was immediately available from DPS about any previous charges or disciplinary action against Gray. Read More

Austin Criminal Defense Attorneys / Travis County DWI Lawyers, Boating

Austin Criminal Defense Attorneys / Travis County DWI Lawyers, Boating

Boating while intoxicated (BWI) in Texas can lead to criminal charges and the loss of driving privileges, placing your freedom and your future in jeopardy much like a charge for driving while intoxicated (DWI). The criminal charges could result in fines of up to $10,000 and jail time of up to 10 years. You also face a civil administrative license revocation.

Given these serious consequences, any BWI charges need to be handled promptly by an experienced attorney familiar with Texas boating and drunk driving laws. If you have been charged with BWI, you need the Austin, TX BWI defense attorneys at Minton, Burton, Foster & Collins, P.C. We will defend your rights and your reputation. We can help you with your Texas BWI case in Hays, Bastrop, Caldwell, Burnet, Comal, Travis and Williamson counties. Read More

"Austin Texas Boating Intoxicated": Boating While Intoxicated - BWI Criminal Defense Lawyer | Lake Travis, Austin, Texas, Boating While Intoxicated-BWI Lawyer

"Austin Texas Boating Intoxicated": Boating While Intoxicated - BWI Criminal Defense Lawyer | Lake Travis, Austin, Texas, Boating While Intoxicated-BWI Lawyer

Section 49.06 of the Texas Penal Code governs the offense of Boating While Intoxicated. Specifically, it provides: Section 49.06 (a) A person commits an offense if the person is intoxicated while operating a watercraft. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

As a class B misdemeanor, boating while intoxicated is punishable by a fine of up to $2,000 and/or jail time up to 180 days for a first offense, as well as, license suspensions, and surcharges. In addition, a boater may be charged with Intoxication Assault (Texas Penal Code Section 49.07) or Intoxication Manslaughter (Texas Penal Code Section 49.08) for injuries or deaths resulting from the operation of a watercraft. Further, the penalties under Section 49.06 may be enhanced under Section 49.09 if the defendant has prior convictions.

The penalties for someone convicted of boating while intoxicated are often less severe than for driving while intoxicated, but, as with DWI, if harm results to boat passengers or other people then much more serious charges are possible. A key difference between DWI and BWI is that in Texas the law enforcement authorities do not require probable cause to board and inspect a boat (in most cases involving Boating While Intoxicated, this will be a Texas Parks & Wildlife official, i.e. a Game Warden). So unlike a DWI, where the police are required to have probable cause to stop a driver (unless some other valid reason exists for the stop such as out of date inspection sticker or broken taillights, etc.), on Texas lakes like Lake Travis, the authorities are empowered to stop you and inspect a boat without probable cause to suspect the driver may be intoxicated. Once on-board the vessel, the officers will almost certainly be looking for signs that the boat driver may be intoxicated.

Even though the statute and penalties for Boating While Intoxicated differ from those for Driving While Intoxicated, the consequences following an arrest for BWI are very similar to those for DWI and may include: suspension of licenses; criminal charges; fines; and imprisonment.

If you have been charged with boating while intoxicated (BWI) on on Lake Travis, Lake Austin, Lake LBJ, Lake Buchanan or any Central Texas lake or river you need aggressive and experienced representation to protect your rights. Call the Law Offices of Jason Trumpler, P.C., at 866-722-8400. Read More