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

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