Also commonly known as a DUI (driving under the influence), this charge does not only mean “drunk driving-” it pertains to any situation where it may be determined a person is unsafely operating a motor vehicle while under the influence of a chemical such as alcohol, illegal drugs or pharmaceuticals that can impair motor skills.

A DWI offense in Texas should never be underestimated as it has grave implications. Those facing such charges are immediately subjected to ripple effects that could disrupt personal, educational, and professional responsibilities. Once convicted, a criminal record takes shape, potentially limiting their chances to secure jobs or leverage other opportunities in the future.

As per the Texas Penal Code § 49.04, an individual can be charged with a DWI if they are found operating a vehicle in a public space under the influence of alcohol or controlled substances.

Intoxication is defined as:

• Impairment of an individual’s normal mental or physical capabilities due to alcohol or drugs, thus making safe driving impossible; or
• The person in question having a blood or breath alcohol concentration of 0.08 or greater.

Typically, first and second offenses of DWI are classified as misdemeanors, though the severity of punishment varies based on the specifics of the incident.

First offense (Class B misdemeanor):

• Imprisonment ranging from 72 hours to 180 days
• At least 6 days in jail if the offender was in possession of an open alcohol container
• Fines that can go up to $2,000
• Suspension of the driving license from 90 days up to 1 year

If the alcohol concentration is 0.15 or more (Class A misdemeanor):

• Up to a year of incarceration
• Fines that can reach $4,000

Second offense (Class A misdemeanor):

• Jail time from 30 days to 1 year
• Fines that can reach $4,000
• Suspension of the driver’s license from 180 days to 2 years

Regardless of whether it’s your first or second violation, managing your case without legal assistance could have heavy consequences. Our proficient DWI lawyers in San Marcos, Texas, understand the life-changing impact a criminal charge and conviction can have on you, which is why we commit to vigorously defending you throughout your case.

Being under the influence while driving doesn’t always amount to a misdemeanor. In certain instances, it can escalate to a felony charge, regardless of whether it’s the person’s first or second occurrence.

Texas legislation outlines several circumstances that may amplify the severity of the charge, such as:

Operating a vehicle under the influence with a child younger than 15 years old. Classified as a State jail felony, with possible penalties being:

• Incarceration ranging from 180 days to 2 years
• Fines that could reach up to $10,000

Being arrested for a third DWI offense. Recognized as a third-degree felony, for which punishments can include:

• A prison sentence from 2 to 10 years and/or
• Fines amounting to as much as $10,000

Injuring another person severely (known as intoxication assault). This is a third-degree felony, with potential penalties of:

• 2 to 19 years of jail time and/or
• Fines not exceeding $10,000

Causing someone else’s death (intoxication manslaughter). Considered a second-degree felony, with penalties that could include:

• Incarceration for 2 to 20 years
• Fines up to $10,000

Felony offenses are seen as more severe than misdemeanors and can carry grave, enduring implications. If you’re confronted with a felony charge, it’s crucial to seek legal assistance immediately. The Law Office of Lance Turnbow is ready to help.

Building a robust defense involves diligent preparation, which our team is more than prepared to provide. We’re equipped to invest the time and resources necessary to contest the claims made against you.

Remember, while the DUI law in Texas is strictly for minors who have consumed any amount of alcohol, those under 21 can still be charged with a DWI if their alcohol concentration measures 0.08 or greater. If charged with a DWI, the minor would face similar penalties as someone 21 or older.

In any DWI case, law enforcement does not have the authority to arbitrarily pull over an individual based on a mere suspicion of drunk driving. They require valid probable cause. This implies that there must be a lawful reason to halt the driver, such as overspeeding or violating a traffic light.

Additionally, tangible probable cause is necessary to apprehend an individual under the suspicion of intoxicated driving. This is often substantiated by noticing the driver’s physical conditions or actions, like unclear speech or an unsatisfactory performance in field sobriety examinations.

In certain DWI scenarios, probable cause holds significant weight. Demonstrating that the law enforcement officer lacked a valid reason to pull over or detain the individual could lead to the dismissal of certain evidence, thereby undermining the prosecution’s case.

Not all counties in Texas treat DWIs the same. Some are more difficult than others. Here is a short synopsis of how some of the counties treat DWIs:

Hays

Hays County District Attorney’s Office offers alternate dispositions in some DWI cases. This means in some cases it is possible to change the DWI charge to Reckless Driving or Obstruction of a Highway. This is usually only done in cases where the defendant has no criminal history and was not in an accident leading to the arrest. Other important factors include BAC number, the completion of community service, and a DWI education class.

Travis

Travis County is similar to Hays in the way they treat DWIs.  Alternate dispositions can be obtained for proactive defendants with decent facts. Travis County likes to see that defendants are completing classes and community service before their case comes to court.

Comal

Comal County is the most difficult county in South Central Texas for DWI charges. Not only do they have mandatory blood draws 24/7, but they also do not offer alternate dispositions under any circumstances. DWI defendants in Comal County are either placed on DWI probation or go to trial on a DWI charge. Reducing the charge to reckless driving or obstruction of a highway is not an option.

Guadalupe

In Guadalupe County, alternate dispositions are possible if the BAC is not over .15 and the driver was not involved in a crash. One of the unique things about Guadalupe County DWIs is that the County Court at Law Judge Frank Follis requires anyone convicted of DWI to do a minimum of 3 days in jail as a condition of their probation. Most counties do not do this but it is required in Guadalupe County and the only way to avoid it is to not be convicted.