Per Texas Penal Code, Title 10 Chapter 49 Sec. 49.04, the legal definition of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) is stated as follows:(a) A violation occurs when an individual is impaired while maneuvering a motor vehicle in a public area.
(b) In general, this violation is considered a Class B misdemeanor, carrying a minimum confinement duration of 72 hours, unless otherwise specified under subsections (c), (d), and Section 49.09.
(c) If proven during trial that the individual in control of the motor vehicle had an unsealed alcohol container in their immediate possession at the time of the offense, the violation intensifies to a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If a specimen of the individual’s blood, breath, or urine indicates an alcohol concentration level of 0.15 or above at the time of analysis, the offense escalates to a Class A misdemeanor.
The Legal Limit
A motorist is legally considered intoxicated in Texas if they have a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. Law enforcement commonly uses breathalyzer equipment to gauge a driver’s BAC through a breath sample.
A police officer holds the authority to apprehend a driver for a DWI even if their BAC is below the stipulated limit. If the officer deems the driver’s ability to safely and responsibly handle their vehicle compromised, they can initiate a DWI arrest.
Your Possible Defenses
Certain scenarios allow for challenging a DWI apprehension, including potential constitutional infringements like an unjustified traffic stop. You can dispute a DWI arrest on grounds of faulty breathalyzer evidence or an incapability to conduct field sobriety tests due to health conditions.
Eligibility might exist for a pre-trial diversion or deferred adjudication program. Our skilled legal team can guide you in determining your eligibility for a legal defense at trial or participation in one of these programs.
DWI vs DUI Offenses Can Vary
Please note, the severity of DWI offenses can fluctuate. For instance, a Public Intoxication violation may result in a lesser punishment, while Driving While Intoxicated with a Child Passenger is considered a severe offense, leading to harsher penalties.
Call us Today!
In case, please reach out to us to begin your defense process by calling 281-810-9760 to arrange your complimentary 30-minute consultation today! We’re ready to assist with your criminal defense case.
