A DWI arrest in Texas can terrify and intimidate anyone. Most people do not know what the actual charges mean, how they will affect their lives, and what steps they should take to protect themselves.
The Law Offices of David M. White offer thorough and dependable representation as a DWI defense lawyer for Texas clients facing DWI charges. Call our team today at (325) 437-3311 to schedule your free initial consultation.
What Is a DWI in Texas?
According to the Texas Penal Code, being charged with a DWI in Texas means that a person illegally operated a motor vehicle while intoxicated in a public place. The classification of intoxication applies to alcohol, illicit drugs, and prescription drugs for a DWI in Texas.
The legal limit for alcohol in Texas for a person of 21 years or older is below a blood alcohol content (BAC) of 0.08. Testing a BAC of 0.08 or higher will result in a DWI charge.
A DWI defense is typically a Class B misdemeanor with at least 72 hours of confinement.
What Is the Difference Between a DUI and a DWI?
Another charge for drinking and driving in Texas is a DUI or driving under the influence. A DUI charge applies to minors under the age of 21, while a DWI charge applies to people 21 years or older.
The Texas Alcoholic Beverage Code classifies a DUI as an offense committed when a minor operates a motor vehicle in a public place with any detectable amount of alcohol in their system.
For first-time offenders, a DUI is usually charged as a Class C misdemeanor, coupled with a requirement to perform community service. If it is a person’s third offense, the amount of community service required increases. The penalties may include a fine and jail sentence.
What Are the DWI Laws in Texas?
Several laws factor into the severity of a DWI charge in Texas.
Per Se Law
The phrase per se means “by itself” in Latin. Texas operates under a per se law when it comes to issuing DWIs. Law enforcement does not need to prove any other signs of impairment to charge a person with a DWI if that person tests positive for a BAC of 0.08 or higher.
Implied Consent State
The Texas Transportation Code classifies Texas as an implied consent state.
Implied consent means that drivers have consented to testing for drugs, alcohol, and other substances in their systems if law enforcement arrests them for allegedly driving in public while intoxicated.
If a driver refuses to do chemical testing in this scenario, they are subject to face penalties.
Enhanced DWI Charges
While a standard DWI charge is a Class B misdemeanor with a minimum sentence of 72 hours confinement, enhanced charges increase the penalties applied to a DWI.
Open Container
An open container of alcohol found within the driver’s immediate possession during a DWI arrest will result in an increased term of confinement to six days from the standard 72 hours.
BAC at or Above 0.15
If law enforcement conducts a blood, urine, or breath test that shows the driver’s alcohol concentration is at a level of 0.15 or higher, then the DWI offense increases to a Class A misdemeanor.
Child Passenger
A person driving a vehicle in public while intoxicated who has a child under the age of 15 in their vehicle is subject to an enhanced DWI charge of a state jail felony offense.
Intoxication Assault
A person commits an intoxication assault offense when they are driving while intoxicated and cause serious bodily injury to another person. Texas Penal Code further defines serious physical injury as one that causes severe permanent disfigurement, impairment, loss, or risk of death.
An intoxication assault DWI charge increases the offense to a third-degree felony.
Intoxication Manslaughter
When a person accidentally kills someone as a result of driving while intoxicated, they have committed intoxication manslaughter.
Intoxicated manslaughter is a second-degree felony offense.
What Do I Do If Arrested for a DWI in Texas?
People commonly feel lost and distraught after being charged with a DWI in Texas.
Following the proper steps after being arrested for a DWI in Texas will help protect your rights.
Do Not Accept the Initial Offer
The prosecution team will often intimidate defendants into thinking they need to plead guilty and accept the initial offer from their team. Doing so could put you at a legal disadvantage and increase your penalties now or later.
Contact an Attorney
Hiring an attorney immediately after being charged with a DWI in Texas is essential.
A solid legal team could help prevent your driver’s license from being suspended or mitigate any other penalties and restrictions you might face.
Why Choose the Law Offices of David M. White
The Law Offices of David M. White are well-versed in helping fellow Texans with their criminal defense cases.
Our team works hard on your case to bring you the best results possible, easing the stress of you and your loved ones during your challenging times.
We are committed to helping our West Texas community by proudly delivering dedicated and compassionate service and assistance with your legal needs. Our team appreciates how crucial your case results are for your future, and we strive to provide unyielding representation and advocacy for you throughout your case.
A recent client expressed gratitude for our help with their DUI case, appreciating our thorough explanations of what they were facing and our guidance on the best path forward.
Our West Texas law offices are conveniently located in
- Abilene - On the northeast corner of Treadaway Boulevard and Industrial Boulevard, just outside of the Abilene Country Club
- San Angelo - On College Hills Boulevard, a few blocks north of the West 306 Loop
Call the Law Offices of David M. White today at (325) 437-3311 for your free initial consultation. Let us manage the burden of your criminal defense.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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