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DWI – Driving While Intoxicated

Driving While Intoxicated / Driving Under the Influence

Being pulled over and charged with Driving while Intoxicated (DWI/DUI) can be a very stressful and problematic situation for anyone. Not only do you have to deal with the embarrassment with family but you may also face consequences with work and your insurance company. In Texas DWI law is found in the Texas Penal Code under Chapter 49. The term intoxicated is defined as the following:

Not having the normal use of your mental and physical faculties due to the consumption of drugs or alcohol; and/or
Having a BAC (Blood Alcohol Content) of .08 percent or more.

For a police officer to arrest you, they must believe they have “probable cause” that you are intoxicated. However for the court to convict you, they must prove you were intoxicated “beyond a reasonable doubt.” Proving “beyond a reasonable doubt” is much harder than just “probable cause”. The officer will most likely administer National Field Sobriety Tests (NFTS) at the scene of the incident. These tests include the Horizontal Gaze Nystagmus Test, Walk and Turn and the One Legged Stand. The purpose of these tests is so that the officer can notice signs of intoxication. However these tests can be unreliable if administered incorrectly. One important thing to know is that these tests are voluntary and you do not have to perform them. However, if you do not perform them the officer will arrest you and get a warrant for your blood. They will examine your blood to determine whether your BAC is over .08. However these tests can also be unreliable if not performed correctly or if the judge didn’t sign a warrant for your blood.

It’s important to get a lawyer who knows how to examine DWI cases and fight them. If the State of Texas will try to use tests and science to prove you were intoxicated, it’s important to get a lawyer who can expose the unreliability of those tests. If you or a loved one is in trouble and accused of a DWI. Contact us and schedule a consultation. We would be happy to walk you through the steps and how we can help you.

DWI Punishment Range:

Conviction	Offense Level	Maximum Fine	Jail Range	License Suspension
1st DWI and BWI	Class B Misdemeanor	Up to $2,000	72 hours to 180 days	90 to 365 days
1st DWI and BWI with Blood or Blood Alcohol Concentration (BAC) at or over .15	Class A Misdemeanor	Up to $4,000	72 hours to 1 year in the county jail	90 to 365 days
1st DWI with Open Container Enhancement	Class B Misdemeanor	Up to $2,000	6 days to 180 days in the county jail	90 days to 365 days
2nd DWI and BWI	Class A Misdemeanor	Up to $4,000	30 to 365 days	180 days to 2 years
3rd DWI and BWI	3rd Degree Felony	Up to $10,000	2 to 10 years in Texas Department of Criminal Justice (TDCJ)	180 days to 2 years
3rd or more DWI and BWI with 1 prior TDCJ penitentiary trip	Punished as a 2nd Degree Felony	Up to $10,000	2 to 20 years in Texas Department of Criminal Justice (TDCJ)	Up to 2 years
3rd or more DWI and BWI with 2 prior TDCJ penitentiary trips	Enhanced Felony Punishment	Up to $10,000	25 years to life in Texas Department of Criminal Justice (TDCJ)	Up to 2 years
Intoxication Assault – DWI that Causes Serious Bodily Injury	3rd Degree Felony	Up to $10,000	2 to 10 years in Texas Department of Criminal Justice (TDCJ)	180 days to 2 years
Intoxication Manslaughter – DWI that Causes Death	2nd Degree Felony	Up to $10,000	2 to 10 years in Texas Department of Corrections (TDCJ)	180 days to 2 years
DWI with child passenger – Child Younger than 15 Years of Age	State Jail Felony	Up to $10,000	6 months to 2 years in a State Jail Facility	90 days to 2 years

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