In drunk driving law, 0.08 is something of a magic number. It represents the blood-alcohol content at which a person is considered legally intoxicated and thus too drunk to drive. When a person is arrested on suspicion of DWI, it is common practice to take a blood or breath sample for BAC (Blood Alcohol Concentration) […]
Texas law defines driving while intoxicated (DWI) as “operating a motor vehicle in a public place” while under the influence of alcohol or another controlled substance. But if a police officer does not personally witness you driving while drunk, can you still be charged with DWI? Or to put the question a different way, does […]
The definition of drunk driving in Texas is fairly straightforward: A person commits DWI if they are “intoxicated while operating a motor vehicle in a public place.” Typically, the most disputed element of a DWI case is whether the evidence shows that the defendant was legally intoxicated. But what about disputes related to the definition […]
The first time a person is convicted of a DWI in Texas, it is usually treated as a Class B misdemeanor. This means the maximum penalty the defendant faces is between 3 and 180 days in jail, a $2,000 fine, and a 1-year suspension of their driver’s license. A subsequent DWI conviction is treated as […]
Having an open container of alcohol in your car can be a problem if you are stopped by a police officer. The mere presence of the container can be cited as a Class C misdemeanor, which carries a maximum fine of $500. And if the officer also has probable cause to arrest you for DWI, […]
A drunk driving charge will escalate based on the driver’s prior convictions for similar offenses. In Texas, a third DWI offense is a third-degree felony. This means that in the worst case scenario, a driver faces 10 years in a state prison. And if a defendant has at least two prior felony convictions, the prosecution […]
When a police officer pulls over a suspect and suspects that they’ve consumed alcohol prior to getting behind the wheel, they may request that the suspect submit to a blood or breath alcohol test. These tests are used to check for the amount of alcohol in a person’s blood—if the results show a level of […]
There can be no doubt that driving while intoxicated (DWI) is a serious offense in Texas, but basic drunk driving is still charged as a Class B Misdemeanor. Though the crime is elevated to a Class A Misdemeanor under certain circumstances, you will not be sentenced to more than a year in jail. However, in […]
It is a Class B misdemeanor to violate the Texas statute on driving while intoxicated, so you could face criminal punishment and a driver’s license suspension for a conviction. Many of these cases hinge on the definition of “intoxicated,” and you might be surprised to learn that there are two different ways to violate the […]
Driving while intoxicated (DWI) and drunk driving charges should be taken extremely seriously under any circumstances, but it is particularly important for underage drivers to know that they will not get a break simply because it is a first-time offense or because they might not yet be 18 years old or 21 years old. To […]