Driving While Intoxicated

DWI is a stackable offense. This means with each subsequent DWI the level of offense charged is elevated. Sometimes even a dismissal is still stackable. It's important you handle this charge properly to avoid future issues. Having an attorney is critical to navigating keeping a drivers license and insurance.

Felony Driving While Intoxicated

When you are charged with a DWI third or more your DWI becomes a felony. When dealing with felony DWI charges jail time is always a possibility. It is critical you speak with counsel about how to mitigate and protect yourself.

DWI with Child under 15

If you are accused of a DWI with a child in the car the crime is elevated to a felony. The range of punishment can vary greatly on these types of case. There are often times options available but without proper guidance mistakes can be made that seriously impact your freedom.

DRIVING WHILE INTOXICATED

What is a DWI?

In Texas, Driving While Intoxicated (DWI) is defined under Texas Penal Code Section 49.04 as operating a motor vehicle in a public place while intoxicated.

Elements of a DWI

To secure a conviction, the state must prove four key elements beyond a reasonable doubt:

1. Operating,

2. a Motor Vehicle,

3. in a Public Place,

4. while Intoxicated.

Intoxication

Under Texas Penal Code Section 49.01, intoxication is defined as not having the normal use of mental or physical faculties due to the introduction of alcohol, drugs, or a controlled substance. Alternatively, it is defined as having a blood alcohol concentration (BAC) of .08 of more.

WAYS TO PROVE INTOXICATION

1. Physical/Mental Impairment: Intoxication can be proven if a person loses "normal use" of their faculties, even if their BAC is below .08

2. Per Se Limit: A BAC of .08 or higher constitutes legal intoxication for drivers 21 or older, regardless of whether impairment is visible.

3. Substances Involved: The definition covers alcohol, controlled substances, drugs, dangerous drugs, or combinations thereof.

Operation

Texas Law does not define the meaning of operation. This means the jury has a lot of power when it comes to DWI cases. Often times cases are won because the State can't prove operation even if a defendant is in a car with the engine running. It's important your attorney is able help a jury see how the law works.

Types of DWI and Their Penalty Ranges

CLASS C MISDEMEANOR: If you are under 21 with any detectible amount of alcohol in your system you will be charged with a DUI. The max punishment for a class c is a $500 fine without the possibility of jail time. L

CLASS B MISDEMEANOR: If you have a BAC of under .15 and it's your first DWI offense you will be charged with a class B misdemeanor. Punishment for a class B is 72 hours to 180 days in jail and or a fine up to $2,000.

CLASS A MISDEMEANOR: If you have a BAC of over .15 or you have a previous DWI offense you will be charged with a class A misdemeanor. Punishment for a class A is 72 hours to 180 days in jail and or a fine up to $2,000.

THIRD DEGREE FELONY: If you have had two previous DWI offenses, you hit and injured someone or if you had a child with you under 15 years old you will charged with a third degree felony. Punishment for a third degree felony is 2 to 10 years in prison and or a fine up to $10,000.

SECOND DEGREE FELONY: If you hit and injure firefighter, EMS, Police Officer or a judge or if the injury causes a "persistent vegetative state", you will be charged with a second degree felony. The penalty range for a second degree felony is 2 to 20 years in prison and or a fine up to $10,000.