Driving While Intoxicated in Texas
DWI Attorney in Austin, Texas and Round Rock, Texas
CONTACT US TODAY AT 512-457-5200
In Texas, Driving While Intoxicated is governed by Texas Penal Code Section 49.04. It is a crime in Texas to operate a motor vehicle while in a public place while intoxicated. Intoxicated means one of the following:
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.
The legislature has also made it a Class A Misdemeanor to operate a motor vehicle while in a public place with an alcohol concentration level of 0.15% or more at the time the analysis was performed. Unlike the provision regarding Driving While Intoxicated with a prior, it does not state that there is a minimum jail time for this type of Class A Misdemeanor. This would seemingly mean, the punishment would be 0 days to 1 year in the county jail and/or a fine not to exceed $4,000.
There are greater penalties if you have prior convictions for alcohol related offenses. It should be noted that a conviction for Driving While Intoxicated, Flying While Intoxicated, Boating While Intoxicated, and Assembling or Operating an Amusement Ride While Intoxicated can be used to enhance a Driving While Intoxicated offenses.
A first offense Driving While Intoxicated charge is a special Class B Misdemeanor. It carries a minimum of 72 hours in the county jail up to 180 days in the county jail and a fine not to exceed $2,000.
A second offense Driving While Intoxicated charge is a special Class A Misdemeanor. It carries a minimum of 30 days in the county jail up to 1 year in the county jail and fine not to exceed $4,000.
A person with two or more prior misdemeanor alcohol related convictions, one or more prior felony convictions, or one prior Intoxication Manslaughter Conviction, is charged with a third degree felony. This is punishable between 2 to 10 years in the Texas Department of Corrections and a fine not to exceed $10,000. It should be noted that even if you are granted probation, you are required to serve at least 10 days confinement as a condition of probation in the county jail and that confinement must be served day for day.
It should also be noted that regular criminal enhancements occur as you continue to rack up felony convictions for Driving While Intoxicated. Finally, it should be noted that you are not eligible for an early termination of probation if you are placed on probation for Driving While Intoxicated. This is why it is often times so advantageous to get a reduction to non-alcohol related charge like Obstruction of a Highway Passageway or Reckless Driving.
Hiring the right Driving While Intoxicated (DWI) Defense Lawyer can be critical in getting your case reduced to a non-alcohol related charge, a traffic ticket, or dismissed. It is also imperative to hire someone with extensive trial experience. Austin DWI Attorney Jason Trumpler has taken close 100 Driving While Intoxicated cases to verdict in front of juries in both the state of California and Texas. He has tried DWI cases successfully as both a prosecutor and Criminal Defense Attorney. He has routinely gotten not guilty verdicts and hung juries for his clients. The hung juries often resulted in the prosecutor negotiating a reduction in charges after trial or dismissing the case.
If you are interested in talking to Austin DWI Defense Lawyer Jason Trumpler, you can call his officer 24 hours a day at 512-457-5200.
We have offices in Austin, Texas and Round Rock, Texas
Law Offices of Jason Trumpler
902 E 5th Street
Austin, TX 78702
Round Rock Office
1000 Heritage Center Cir
Round Rock, TX 78664