Driving While Intoxicated - DWI

For more details on DWI and Driving While Intoxicated law, check out our DWI Defense Guide

DWI, or Driving While Intoxicated can be found in the Texas Penal Code, Chapter 49. Whether you had a few drinks at happy hour on 6th Street, or coming from a friends's house, a DWI can have a devastating effect on your life, as well as your spouse, chilldren, and even a complete others if the DWI results in an unfortunate accident. It doesn't take drinking all night to get a DWI -- Driving While Intoxicated can occur when your blood alcohol level reaches a .08%.

While the DWI laws in Texas make it illegal for a person to drive after consuming alcohol that leaves that individual with a blood alcohol level greater than .08% (Meaning at the time of driving, the alcohol ingested in your body has reached a level of .08%), police officers are arresting people with less than a .08% BAC, and prosecutors are charging them as well. District Attorney's have recently charged DWI with a blood alcohol level as low as .04% (in Mr. Keates's experience).

DWI cases impliment a great deal of science and technology by attempting to pinpoint your blood alcohol level (BAC) at the time of driving. Often times there are several interpretations of the scientific evidence collected at the scene of arrest. One of the keys to a DWI case is familiarity with the scientific data obtained during the investigation, such as breathalyzer readouts and tests, physiological aspects of alcohol in the body, and elimination of mechanical errors, such as mouth alcohol (when miniscule traces of pure alcohol remain in small pockets of your mouth and are blown directly into the breath tester, causing a falsely elevated reading of BAC). False readings and mouth alcohol are just a few things to look for in any DWI case.

In addition, the Texas Department of Motor Vehicles is involved in suspending your license through an administrative hearing, generally 10 days after arrest. The arresting officer typically will hand you a temporary license. It is important to contact an attorney quickly in order to argue at the DMV hearing to save your driver's license. Don't Hesitate. Call us today for a consultation at 512-216-3211.The Law Offices of Robert L. Keates has handled a large variety of DUI / DWI cases and trials.

Punishments for a Texas DWI Offense

Texas DWI First Offense

• Class B misdemeanor
• Jail:  3-180 days
• Fines:  $2000
• Drivers License Suspension:  90 days up to 1 year
• Alcohol assessment /evaluation and treatment

Texas DWI Second Offense

• Class A misdemeanor
• Jail:  30 days up to 1 year
• Fines:  $4000
• Drivers License Suspension:  180 days up to 2 years
• Alcohol assessment /evaluation and treatment

Texas DWI Third Offense

• Considered a third degree felony
• Jail:  2 to 10 years
• Fines:  $10,000
• Drivers License Suspension:  180 days up to 2 years
• Alcohol assessment /evaluation and treatment

First Offense Texas DWI With an Open Container

• All First Offense Texas DWI penalties above
• In addition to 1st offense penalties:  add 6 day jail term and a fine of $2000

Texas DWI with Serious Bodily Injury due to Intoxication

• Classified as a form of assault called intoxication assault which is a 3rd degree felony
• Jail:  2 to 10 years if convicted
• Fines:  $10,000

Texas DWI with a Death Due to Intoxication

• Classified as manslaughter and called, "intoxication manslaughter" and considered a 2nd degree felony
• Fine:  $10,000
• Jail:  2-20 years depending on specifics

Texas DWI with a Child Passenger

• Child is considered to be any person age 15 years or younger
• Jail:  180 days up to 2 years
• Fine:  $10,000

Texas Administrative License Revocation Program (ALR Program)

A law enforcement officer observes you and believes that there is a reasonable suspicion for him/her to pull you over for violation of traffic laws, etc... While conducting the traffic stop the officer develops probable cause to arrest the person for driving while intoxicated or DWI. If the officer has reason to believe that the driver is impaired, they may ask you to submit to a series of field sobriety tests. If you perform unsatisfactorily, you will be arrested for DWI and taken to the police station.

At the police station, you will be asked to submit to a chemical test to measure your blood alcohol concentration (BAC). In most cases you will be asked to take a breath test, although in some cases the officer may request a blood test instead. If you refuse to provide a sample, or provide a sample with an alcohol concentration of .08% or greater (if you're 21 or over), the officer will issue you a Notice of Suspension and confiscate your drivers license.

Texas Adult ALR Hearing Procedures

If you failed the breath or blood test, the Administrative Law Judge (ALJ) must determine whether:

1. The accused person had an blood alcohol concentration (BAC) of 0.08% or greater while operating a motor vehicle in a public place; and 

2. If there was a reasonable suspicion to stop initially OR if probable cause to arrest the person actually existed.

If you refused to submit to a chemical test, the Administrative Law Judge (ALJ) must determine whether:

1. Reasonable suspicion or probable cause existed to stop or arrest the person; 

2. Probable cause actually existed to believe that you were operating a motor vehicle in a public place while intoxicated; 

3. You were placed under arrest by the officer and were requested to submit to the taking of a sample; and 

4. You refused to submit to the taking of a sample on request of the officer.

If you're 21 or above and the Texas ALR hearing determines you to be guilty of the offenses then a 1st offense will result in a 180 day drivers license suspension. 

*Updates: Now, it is a Class A Misdemeanor if you're BAC is higher than .15,

For more details on DWI and Driving While Intoxicated law, check out our DWI Defense Guide

Need more info on criminal law legal terms or levels of guilt (meaning the difference
between probable cause and beyond a reasonable doubt)? Click for more information.

DRUG
OFFENSES