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All You Need to Know About Winning Your Drunk Driving Charge!ses?

Check out these great dui-dwi and drunk driving videos by dui lawyers.

What You Need to Know About Winning Your Drunk Driving Charge?

DWI Charge With Child Passenger

DWI lawyer, DWI attorney, DWI defense, Killeen DWI lawyer, best DWI lawyer in Bell County

DRUNK DRIVING Lawyer

 

Do you need a Texas DWI lawyer to protect your legal rights?


Are you fearful of going to jail?


If you are convicted of a third Texas dui-dwi, you are facing a sentence up to 10 years prison. A misdemeanor A or B are lower levels offenses. These lower-level offenses are punishable by 180 days in county jail or 1 years in count jail for second Tx dwi. Fines for these offenses could include up to $2,000 misdemeanor B and fine up to $4,000 for misdemeanor A. Similar to other DWI convictions, there are also related license suspension and insurance consequences.


DUI-DWI defense takes hard work and a dedication to truly caring about meeting peoples' needs. There is no secret to being an effective Copperas Cove - Harker Heights DUI attorney. It is simply work hard to discover the real person behind the criminal charges. Our law firm can help only if you contact us. This law office is ready to do the hard work to protect your rights.


Do you need an effective Copperas Cove, Harker Heights, Nolanville, Belton, Killeen, or Temple TX  drunk driving defense attorney to defend your rights? Go ahead and get a FREE consultation with a Central Texas criminal defense law office at 254-634-2587 now. 

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DUI: Driving While Under the Influence

 

Driving While Intoxicated (DWI) With Child Passenger - Texas Penal Code § 49.045

(a) A person commits an offense if:


(1) the person is intoxicated while operating a motor vehicle in a public place; and


(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.


(b) An offense under this section is a state jail felony.

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Understanding Driving Under the Influence Texas Penal Code 49.04

July 5, 2025|Drunk Driving, McLennan County Lawyer

driving under influence, attorney, lawyers
driving under influence, attorney, lawyers

 

Introduction to Driving While Intoxicated

  • Driving While Intoxicated (DWI) is defined under the Texas Penal Code 49.04 as operating a motor vehicle in a public place while a person is intoxicated.
  • A person commits an offense if the person is intoxicated while operating a motor vehicle, which can be a Class B misdemeanor under Texas law.
  • The Texas DWI law prohibits driving while intoxicated, with intoxication defined as impaired mental or physical faculties due to alcohol, a controlled substance a drug, a dangerous drug a combination, or any combination thereof. The law specifically evaluates the impact on a person's mental or physical faculties to determine intoxication and individual accountability. Intoxication can also result from any other substance as defined by law. The meaning assigned to terms such as ‘intoxicated’ and ‘motor vehicle’ is specified under the Texas Penal Code to ensure precise legal interpretation.
  • DWI laws and penalties vary based on the circumstances of the offense, including the presence of a child passenger or an open container.

DWI is an offense relating to the operation of a motor vehicle while intoxicated under Texas law.

DWI Laws and Penalties

  • Under Texas Penal Code 49.04, a person operating a motor vehicle in a public place while intoxicated can face penalties, including a minimum term of confinement of 72 hours. The offense is a class B misdemeanor except as provided for certain aggravating factors.
  • The offense is typically a Class B misdemeanor, b except as provided, it can be enhanced to a Class A misdemeanor if the person had an open container or a blood alcohol concentration level of 0.15 or more. If an open container is present, the law requires a mandatory minimum jail sentence of six days. Certain facts, such as the presence of an open container or a high blood alcohol content, must be shown on the trial to enhance penalties.
  • DWI with a child passenger is classified as a state jail felony under Texas law.
  • Intoxication assault and intoxication manslaughter are serious DWI-related offenses with enhanced penalties, including significant fines and longer sentences.
    Call F. Edward Brown, lawyer, at 254-634-2587 available 24/7
  • DWI laws also cover intoxication by a controlled substance or a dangerous drug, and a person can be charged with DWI even if they are not perceived as intoxicated. The analysis of a person’s blood, breath, or urine is used to determine intoxication. Blood alcohol content (BAC) is a key factor in DWI cases and is measured to assess the level of intoxication. Analysis of a person's blood can reveal an alcohol concentration level of 0.15 or more, which may result in more severe charges or penalties under Texas law. A blood test is commonly used to determine BAC, and sometimes urine showed the presence of alcohol or drugs, which can be used as evidence.
  • Penalties for DWI can include fines, jail time, and suspension of a person’s driver’s license, with more severe penalties for repeat offenders or those who cause bodily injury.
  • The law existed in previous forms before current amendments, and the revised statutes reflect how DWI laws have evolved over time.
  • Criminal procedure in DWI cases includes sentencing, plea options, and other legal processes governed by the criminal procedure code.
  • DWI laws are considered offenses against public health, safety, and morals.
  • DWI laws can apply even on private property, such as parking lots or ranches, not just public roads.
  • The definition of a motor vehicle does not include vehicles used exclusively on stationary rails or tracks.
  • The law applies to any vehicle operated by a person while intoxicated.
  • The transportation code is a primary source for DWI-related statutes and procedures in Texas.

Penal Code and DWI Offenses

The Texas Penal Code, specifically Section 49.04, serves as the foundation for understanding DWI offenses in Texas. Under this section, a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. This offense is classified as a class B misdemeanor, unless certain aggravating factors are present. The law is clear that driving while intoxicated—whether due to alcohol, a controlled substance, a dangerous drug, or any combination thereof—poses a significant risk to public health and safety.

The term “intoxicated” is defined by Texas law as not having the normal use of mental or physical faculties because of the introduction of alcohol, a controlled substance, a dangerous drug, or a combination of these substances. The Texas Penal Code also recognizes intoxication based on an alcohol concentration of 0.08 or higher in a person’s blood, breath, or urine. The meaning assigned to “motor vehicle” includes any device used to transport people or property on a highway, except those used exclusively on stationary rails. A “public place” is any location accessible to the public, such as streets, highways, and parking lots.

Penalties for a DWI offense under the Texas Penal Code can be severe. The minimum term of confinement for a first-time DWI is 72 hours, but this increases to six days if an open container of alcohol is found in the vehicle operated by the person. If a child passenger is present, the offense is elevated to a state jail felony, carrying even harsher penalties. The severity of the punishment can also depend on the person’s blood alcohol concentration at the time of the offense, prior convictions, and whether bodily injury or property damage occurred.

Call F. Edward Brown, lawyer, at 254-634-2587 available 24/7

Navigating the complexities of Texas DWI laws often requires the expertise of a DWI defense attorney. Legal counsel can help individuals understand the criminal procedure, from arraignment to trial and sentencing, and may be able to negotiate for reduced charges, alternative penalties, or even dismissal in certain cases. The Texas Department of Public Safety is responsible for enforcing administrative penalties, such as the suspension of a person’s driver’s license, which can last up to two years for a DWI conviction.

Beyond criminal penalties, a DWI offense can result in significant civil consequences, including increased insurance premiums and potential liability for damages caused by intoxicated driving. The Texas DWI law is designed to protect public safety and prevent the dangers associated with operating a motor vehicle while intoxicated.

Understanding the Texas Penal Code and the full scope of DWI laws is essential for anyone facing a DWI charge. Consulting with a knowledgeable DWI defense attorney ensures that a person’s rights are protected throughout the criminal procedure and that they receive fair treatment under Texas law. Taking DWI offenses seriously is crucial for safeguarding public health and safety and for minimizing the long-term impact on a person’s life.

Blood, Breath, or Urine Tests

When a person is suspected of driving while intoxicated in Texas, law enforcement may request a blood, breath, or urine test to determine the individual’s alcohol concentration or the presence of a controlled substance or dangerous drug. Under the Texas Penal Code, these tests are crucial in establishing whether a person commits an offense by operating a motor vehicle in a public place while intoxicated. The results can show if the person’s blood alcohol concentration level meets or exceeds the legal limit of 0.08, or if their normal use of mental or physical faculties is impaired by alcohol, a controlled substance, or another substance. While these tests are a key part of Texas DWI law, their accuracy and administration can sometimes be challenged in court. A DWI defense attorney can review the procedures used during testing and may identify issues that could affect the outcome of a DWI case, such as improper calibration of equipment or violations of protocol. Understanding how blood, breath, or urine tests work—and how they fit into the broader context of Texas DWI laws—can be essential for anyone facing a DWI charge.

Driver’s License Consequences and Suspension

A DWI offense in Texas carries not only criminal penalties but also significant administrative consequences, particularly regarding a person’s driver’s license. According to the Texas Department of Public Safety, a conviction for a DWI charge can result in the suspension of the individual’s driver’s license for up to two years. Suspension of a driver's license can also occur through the Administrative License Revocation (ALR) process, which is triggered after a DWI arrest. Both Texas and out-of-state driver's licenses can be affected by a DWI arrest or conviction, and the ALR hearing process determines whether the suspension will be upheld.

Call F. Edward Brown, lawyer, at 254-634-2587 available 24/7

The Texas Penal Code and related laws require that, in addition to any minimum term of confinement or mandatory days in jail, offenders may face license suspension as part of the penalty for a DWI offense. This suspension can impact daily life, making it difficult to commute to work, school, or fulfill family obligations. A DWI defense attorney can help individuals understand the full scope of these consequences and may be able to advocate for occupational licenses or reduced suspension periods. Navigating the penalties outlined in Texas law is complex, and professional legal guidance is often necessary to minimize the impact of a DWI conviction on a person’s driving privileges and overall future.

DWI Defense Strategies

  • A DWI defense attorney can help challenge the evidence and procedural errors in a DWI case, potentially reducing or dismissing the charges.
  • DWI defense strategies may include challenging the validity of blood, breath, or urine tests, or arguing that the person was not operating a motor vehicle in a public place.
  • A skilled DWI defense attorney can also negotiate plea bargains for lesser charges or penalties, and help protect the person’s future and family from harsh penalties.
  • DWI cases can be complex, and a knowledgeable attorney can help navigate the Texas Penal Code and DWI laws to achieve the best possible outcome.

Alcoholic Beverage Offenses and Open Container Laws

  • Alcoholic beverage offenses, including DWI and public intoxication, are covered under the Texas Penal Code and can result in penalties, including fines and jail time.
  • Open container laws prohibit the possession of an open container of alcohol in a motor vehicle, and a person can face enhanced penalties for DWI if they have an open container.
  • The Texas Department of Public Safety can also impose surcharges and suspensions for DWI offenses, including a mandatory suspension of a driver’s license for up to two years.
  • DWI laws and penalties can be severe, and a person charged with DWI should seek the advice of a qualified DWI defense attorney.

Conclusion and Next Steps

Navigating Texas DWI laws can be challenging, given the serious consequences associated with driving while intoxicated. Understanding the Texas Penal Code, especially Section 49.04, is essential for anyone who operates a motor vehicle in a public place. If you are facing a DWI charge, consulting with a knowledgeable DWI defense attorney is one of the most important steps you can take. An experienced attorney can help you understand your rights, build a strong defense, and work to reduce or avoid the penalties associated with a DWI offense, such as mandatory days in jail or the suspension of your driver’s license. Texas law is designed to protect public safety, but it also provides avenues for defense and mitigation. By staying informed about DWI laws and seeking professional legal assistance, individuals can better protect their future and respond effectively to any DWI-related legal challenges.

Call F. Edward Brown, lawyer, at 254-634-2587 available 24/7

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