Understanding Various DWI Offenses in Texas

Driving while intoxicated (DWI) is a specific criminal offense in Texas, but it is important to know that there are multiple other types of DWI-related charges that involve allegations of operating vehicles, equipment, or machinery while intoxicated. To be sure, you can face criminal charges for intoxicated operation of a vehicle or equipment even if you are not driving a car or truck. No matter what kind of DWI-related charges you are facing, our Texas DWI defense lawyers can speak with you about your case. The following information can help you to understand the specific types of DWI-related offenses under the Texas Penal Code.

Driving While Intoxicated

Under the Texas Penal Code, a person can face charges for driving while intoxicated if that person is “intoxicated while operating a motor vehicle in a public place.” Texas law defines “intoxicated” as “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 “having an alcohol concentration of 0.08 or more.” That definition of “intoxicated” applies to all of the following offenses below, as well. For a first offense, it is typically a Class B misdemeanor.

DWI with a Child Passenger

Texas DWI Offenses - Texas LawA person can face separate DWI charges for driving while intoxicated with a child passenger if a person is operating a motor vehicle while intoxicated and has a passenger under the age of 15 in the vehicle. This specific type of DWI offense is a state jail felony.

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Flying While Intoxicated

In addition to driving while intoxicated, the Texas Penal Code has a specific charge for flying while intoxicated. Under the law, you can be charged with flying while intoxicated if you are intoxicated while operating an aircraft. A first offense is typically charged as a Class B misdemeanor.

Boating While Intoxicated

Similar to driving a car or truck, or operating a plane while intoxicated, you can face charges for boating while intoxicated in Texas. Like other related offenses, it is typically charged as a Class B misdemeanor for a first offense, and charges can occur when a “person is intoxicated while operating a watercraft.” A watercraft is defined under the law as “a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.”

Operating an Amusement Ride While Intoxicated

The Texas Penal Code also has a specific type of DWI-related charge for operating an amusement ride while intoxicated. This offense can also be charged if a person “is intoxicated while operating an amusement ride or while assembling a mobile amusement ride.” This offense, too, is a Class B misdemeanor.

Arrested for Abusing Alcohol?

Contact a DWI Defense Attorney in Texas Today

If you are facing DWI charges or any other related intoxicated driving or operation charges, you should seek advice from one of our experienced Texas DWI defense attorneys as soon as possible. You can fight the DWI charges you are facing. Contact us today for more information about developing a DWI defense strategy.