DWI

DRIVING WHILE INTOXICATED (DWI) IN TEXAS

Driving While Intoxicated (DWI) in Texas can be one of the most complex and stressful situations that an individual may face in their life. Driving While Intoxicated Defense requires experience, knowledge of police procedure and field sobriety testing, and courtroom experience.  Below many aspects of Driving While Intoxicated (DWI) defense in Texas are explained.

DRIVING WHILE INTOXICATED (DWI ) LAW IN TEXAS

Texas Penal Code Chapter 49 covers most aspects of Driving While Intoxicated Law in Texas. Texas Penal Code 49.04 outlines the elements that the State of Texas must be able to prove beyond a reasonable doubt in order to convict someone of Driving While Intoxicated in Texas:

Sec. 49.04. DRIVING WHILE INTOXICATED.

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

From this section it may seem very basic.  (a) provides that "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place." However, the law quickly becomes more complicated.

Texas Penal Code Section 32.34(a)(2) defines Motor Vehicle:

(2)  "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.

Texas Penal Code Section 1.07(a)(40) defines Public Place:

(40)  "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Texas Penal Code Section 49.01(2) defines Intoxicated:

(2) "Intoxicated" means:

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

(B) having an alcohol concentration of 0.08 or more.

It is important to recognize three ways by which intoxication may be proven:

1. Not having the normal use of mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
2. Not having the normal use of physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
3. Having an alcohol concentration of 0.08 or more.

In order to assess whether an individual does not have the normal use of mental or faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body police and other law enforcement officers will typically used standardized field sobriety testing.  If you plead guilty to Driving While Intoxicated (DWI) in Texas or a jury has found you guilty of Driving While Intoxicated (DWI) then there are many punishment issues to consider.

DRIVING WHILE INTOXICATED (DWI) PUNISHMENT IN TEXAS

Texas Penal Code 49.04 provides the punishment ranges in Texas:

(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

A Class B Misdemeanor is punishable by:

1. a fine not to exceed $2,000;
2. confinement in jail for a term not to exceed 180 days; or                                              
3. both such fine and confinement.

A Class A Misdemeanor is punishable by:

1. a fine not to exceed $4,000;       
2. confinement in jail for a term not to exceed one year; or                                              
3. both such fine and confinement.

DRIVING WHILE INTOXICATED (DWI) ENHANCEMENTS IN TEXAS

Driving While Intoxicated (DWI) punishments may be enhanced in various ways in Texas. Texas Penal Code Section 49.09 provides several ways in which Driving While Intoxicated (DWI) may be enhanced in Texas:

a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.

Essentially, this section explains that, if you have been previously convicted of Driving While Intoxicated (DWI) then any subsequent offense may be enhanced to a Class A Misdemeanor (see above) with a minimum term of confinement of 30 days.

(b) An offense under Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted:

(1) one time of an offense under Section 49.08 (Intoxication Manslaughter) or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under Section 49.08; or

(2) two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.

A Third Degree Felony is punishable by:

(a)...imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

There are various other punishments that are possible for intoxication related offenses. Those possible punishments may be further researched here and here or by calling my office.

OTHER DRIVING WHILE INTOXICATED ISSUES IN TEXAS (SURCHARGES, DRIVERS LICENSE SUSPENSION, ETC.)

Being arrested and/or convicted for Driving While Intoxicated (DWI) can be very expensive and have consequences beyond those mentioned above.

Surcharges may be assessed by the Texas Department of Public Safety depending on the outcome of your Driving While Intoxicated (DWI) arrest and charge:

A brief outline of some of the possible surcharges related to Driving While Intoxicated (DWI) offenses is below:

1. 1st Driving While Intoxicated (DWI)
   1. Texas or out-of state conviction for DWI, Intoxication Assault or Manslaughter
      1. $1,000
2. Subsequent DWI
   1. Texas or out-of state conviction for DWI, Intoxication Assault or Manslaughter
      1. $1,500
3. DWI with Blood Alcohol Concentration of 0.16 or More Texas or out-of state conviction $2,000

Additionally, the surcharge amount is assessed every year for three years. If you fall behind on these payments, your Texas Driver's License may be suspended. Payment plans and payments may be made here.

Also, your Texas Driver's License may be suspended at two separate times. If you are investigated for a intentional Driving While Intoxicated (DWI) in Texas, you may be facing an Administrative License Revocation (ALR). There is more information regarding this process here.  If you are convicted of Driving While Intoxicated (DWI) in Texas, your driver's license may be suspended for up to two (2) years. Any driver's license suspension resulting from a conviction for Driving While Intoxicated (DWI) may be credited by an ALR suspension.

DRIVING WHILE INTOXICATED (DWI) LAW IN TEXAS

It is important to hire a lawyer who is familiar with the law, police procedure and field sobriety testing, and the courtroom to defend you against Driving While Intoxicated (DWI) charges in Texas. There may be consequences that far exceed those listed here.  If you would like more information or to discuss your case please contact my office.