Top Texas DWI Attorney

Top Texas DUI DWI Attorney – Tom Brock

15 Day Warning

Because within as little as 15 days of your arrest you may automatically lose your drivers license and even your entire case by delaying your decision to hire an attorney; we strongly recommend that you complete a FREE CASE REVIEW immediately. Quickly obtaining a Texas DUI lawyer attorney, a Texas DWI lawyer attorney, or a Texas Drunk Driving lawyer attorney to review your case is extremely important!

Please complete a FREE CASE REVIEW and submit it as soon as possible, and we will have an attorney in your area contact you immediately.

Texas Driving While Intoxicated

A Class B Misdemeanor that is defined at Texas Penal Code ß49.04. That provision states that, ” A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place”. This definition sets forth the elements that must be proven to sustain a conviction. Those elements are: – The defendant, on or about a particular date – Was operating a motor vehicle – In a public place (street, highway, beach, parking lot, etc) – In a particular county – While intoxicated The Texas legislature has specifically defined the term “intoxication”, as that term is used for prosecution of DWI cases {Texas Penal Code ß49.01(2)}. There are two definitions to encompass those who do or do not submit to chemical testing: 1) “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 2) “having an alcohol concentration of 0.08 or more.”

It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. This is designed to make our roadways safe from dangerous drivers. Typically, proof at trial is restricted to alcohol unless some statements or other indications suggest that the driver has become impaired by some other substance. It is important to note that being on prescription drugs is not a defense to a DWI prosecution. If the label suggests that ingestion will impair one’s ability to operate a motor vehicle or machinery, taking such medicine and driving may subject you to DWI arrest and conviction. At trial, the State therefore may prove intoxication in three (3) different ways: – not having the normal use of physical faculties OR- not having the normal use of mental faculties OR- having an alcohol concentration of 0.08 or more. The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated. It is also important to note that intoxication must occur and be proven to occur while driving. Many other States provide for prosecution of a “lesser included” offense other than DWI (i.e. reckless driving, impaired driving, driving under the influence, etc.). Texas however has no lesser included offense of DWI. Some counties offer plea bargain agreements to other charges than DWI, but they are the exception and not the rule.

Classifications & Range of Punishment for DWI Conviction

First Offence

Fine: A fine not to exceed $2,000.00.Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than six (6) months. Open Container:If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail. Community Service:Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.Full product line of cost effective chemicals (coagulants, polymers, caustic, etc). More…

Second Offence

It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain… More

Third Offence (or higher)

Fine: A fine not to exceed $10,000.00.Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years. Deep lung air device: Deep lung air devices are generally ordered on all persons convicted of three or more DWI’s both as conditions of bond and as conditions of any occupational or provisional licenses that may be awarded after conviction.  Community Service: Texas law mandates that… More


Tom was fantastic and helped with all my queries.

Top rated DUI attorney in my estimation.

Amy L.

Tom was extremely helpful and made the whole experience bearable! Especially when I wasn’t particularly understanding the legal jargon. Would highly recommend!!

Mike Wayne es

About

 There’s a reason why Tom Brock is a member of “America’s Top DWI & DUI Defense Attorneys”  We know you’re fearful about what might happen to you, but we’re here to help you navigate the process. More…

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If you are in Fort Worth and need a local DUI attorney, you won’t do better than our associate Stephen Handy, the best DWI attorney you’ll find in Fort Worth.