Driving While Intoxicated

Driving while intoxicated (DWI) can be a scary charge to face.  Your license and future are on the line.  A first offense is a Class B Misdemeanor with a possible punishment of up to six months in county jail and/or a fine of up to $2,000.  A second offense or a first offense where the State can prove you had blood alcohol concentration of .15 or higher is a Class A Misdemeanor with a possible punishment of up to a year in the county jail (minimum of 30 days in county jail for a second offender) and/or a fine of up to $4,000.  A third offense is a Third Degree Felony with a possible punishment between two and ten years in the Texas Department of Criminal Justice. There are other enhancements in the penal code that can alter the punishment range depending on the facts of the case.  

To convict one of driving while intoxicated, the State must prove that the person was driving in a public place and was intoxicated.  The three ways the State can prove that one is intoxicated is by proving beyond a reasonable doubt that either:

  • the driver does not have normal use of his or her 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

  • the driver does not have normal use of his or her 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

  • the driver has an alcohol concentration of .08 or more.  

The State must prove that the driver was intoxicated AT THE TIME HE/SHE was driving.  There are several ways to win a DWI case, including but not limited to, suppressing the result of a blood or breath test, arguing that the officer did not have probable cause to initiate. traffic stop, and casting doubt on the officer’s observations leading to arrest.

Additionally, if you provided a blood or breath sample that contained an alcohol concentration of .08 or more, the Department of Public Safety will suspend your license for 90 days. Furthermore, refusal to provide a blood or breath sample will lead to the Department suspending your license for 180 days. These suspensions can be challenged through an administrative hearing that must be requested within 15 days of the notice of suspension.

If you have been charged with DWI, you need to hire a DWI attorney who understands the law and science involved in these cases.  Set up your free consultation today.