- February 23, 2015
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Driving While Intoxicated (“DWI”) is a serious offense. DWI cases are complex. It is important to know as much information as possible when you are facing a DWI charge.
The purpose of this DWI overview is to provide you, the reader, with an informational guide on DWI statutes and laws.
Important Statutes You Need to Know
DWI (driving while intoxicated) is covered under Title 10, Chapter 49 of the Texas Penal Code.
Texas Penal Code § 49.01(2) defines “intoxicated” as “(A) 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 (B) having an alcohol concentration of 0.08.”
Texas Penal Code § 49.04, titled “Driving While Intoxicated,” states “(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place, (b) an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (c) If it is shown on the trial of the offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.”
“‘Alcohol concentration‘ means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters or urine.”
Blood Alcohol Percentage Charts
In Dallas, if you drive while intoxicated, you can be charged with a criminal DWI. If convicted or enter a “no contest plea,” you can face fees in excess of $10,000, lose your driver’s license, go to prison, or be put on probation.
The penalties for DWI may vary depending not only upon the jurisdiction and the specific offense itself, but also upon the driver’s criminal record, whether a minor was in the vehicle, whether an accident occurred, and whether the driver’s breath or blood alcohol concentration was over .15%. In these situations, the driver may face enhanced penalties. What follows are some basic penalties that may be associated with a DWI conviction in Dallas County or Collin County:
- Court costs
- Driver’s license suspension
- Surcharge fees
- Probation fees
- Community Service
- Alcohol/drug evaluation
- Alcohol/drug class
- Alcohol/drug counseling
- Ignition Interlock Device
Additionally, you may face increased insurance rates and will have the social stigma associated with a DWI conviction on your record. This is something you will have to disclose in employment interviews and can negatively affect your chances of getting a job.
For more information on the serious consequences, visit our DWI penalties page.
Dallas County and Collin County DWI Defense Lawyer
(Note: This DWI Overview is meant only to educate the common public on DWI. This DWI Overview does not contain all information and is not meant to be used as a legal aid. Rather, this DWI Overview is to be utilized as an informational guide.)