
In Texas, Driving While Intoxicated (DWI) can be a felony or misdemeanor, depending on several factors. A first-time DWI offense is typically a Class B misdemeanor. However, if your blood alcohol concentration is 0.15 or higher, it becomes a Class A misdemeanor. A second DWI offense is a Class A misdemeanor. A third DWI offense, though, is a third-degree felony. Additionally, if you are caught with a child passenger who is under 15 years old while you are driving intoxicated, it’s considered a state jail felony. Serious circumstances, such as causing injury or death, can elevate a DWI to a more severe felony charge.
If you are currently facing a DWI charge in Texas, it’s essential that you have a skilled Houston DWI lawyer representing you each step of the way. Your attorney can vigorously defend you against your charge, represent you during plea deal negotiations, or take your case to trial in pursuit of the best possible result.
Elements of a DWI Charge in Texas
DWI is a serious criminal charge in Texas. Understanding the elements that constitute a DWI can help in grasping the legal consequences – and what the state needs to prove in court. Here are the key elements of a Texas DWI charge:
- Operation of a Motor Vehicle – First, the state must prove that the person was operating a motor vehicle. This means the individual was driving or had physical control of the vehicle. The vehicle doesn’t necessarily need to be moving; being behind the wheel with the engine running can count as “operating.”
- Public Place – The second element is that the operation of the vehicle occurred in a public place. This includes streets, highways, parking lots, or any place accessible to the public. Even private property can sometimes be considered a public place if the public has access to it.
- Intoxication – The core of a DWI charge is proving intoxication. In Texas, intoxication can be established in three ways:
- Blood Alcohol Concentration (BAC) – A BAC of 0.08 percent or higher is per se evidence of intoxication. This means that if your BAC is 0.08 percent or above, you’re legally considered intoxicated.
- Loss of Normal Use of Mental or Physical Faculties – Intoxication can also be shown if the individual has lost the normal use of their mental or physical abilities due to alcohol, drugs, or a combination of both. This is often demonstrated through field sobriety tests and the officer’s observations.
- Presence of Controlled Substances – Even if a person’s BAC is below 0.08 percent, they can still be charged with DWI if they have lost the normal use of their faculties due to the consumption of controlled substances, including prescription medications.
- Probable Cause for Arrest – Before making a DWI arrest, law enforcement officers must have probable cause. This means they need a reasonable belief, based on the facts and circumstances, that the person is intoxicated and operating a vehicle in a public place. This is often established through observations of driving behavior, physical appearance, and performance on field sobriety tests.
Penalties of a Texas DWI Conviction
A DWI conviction in Texas carries significant penalties and collateral consequences that can affect various aspects of a person’s life. Here’s a breakdown of what the accused may face:
Penalties
- First Offense – A first-time DWI offense is typically classified as a Class B misdemeanor, which can lead to a fine of up to $2,000, a jail term ranging from 3 days to 180 days, and a driver’s license suspension of up to 1 year.
- Second Offense – A second DWI offense is a Class A misdemeanor, punishable by a fine of up to $4,000, a jail term ranging from 30 days to 1 year, and a driver’s license suspension of up to 2 years.
- Third Offense or More – Subsequent offenses escalate in severity, potentially leading to felony charges with much higher fines, longer jail sentences (up to 10 years for a third-degree felony), and longer license suspensions.
Additional Penalties
- Mandatory Ignition Interlock Device Installation – For repeat offenders or those with high BAC levels, the court may require an ignition interlock device (IID) to be installed in their vehicle, which tests for alcohol before allowing the car to start.
- Probation – In some cases, probation with conditions like alcohol education programs, community service, or regular check-ins may be ordered.
Collateral Consequences
- Driver’s License Suspension or Revocation – A DWI conviction often results in the suspension or revocation of the offender’s driver’s license. This can significantly affect daily life, making it difficult to commute to work or fulfill other responsibilities.
- Insurance Rates – Insurance premiums typically skyrocket after a DWI conviction, sometimes doubling or tripling, making it expensive and challenging to maintain coverage.
- Employment and Education – A criminal record can hinder job prospects and educational opportunities, especially in fields requiring driving or professional licenses.
- Professional Licenses – Certain professions, such as healthcare, law, and transportation, may revoke or deny licenses in the aftermath of a DWI conviction.
- Social Stigma – Beyond legal and financial consequences, there’s often a social stigma associated with a DWI conviction, affecting personal relationships and reputation in the community.
Most Common Defenses to a DWI Charge in Texas
When facing a DWI charge in Texas, several legal defenses can potentially challenge the prosecution’s case. Here are some of the most common defenses:
- Lack of Probable Cause – One effective defense is arguing that law enforcement lacked reasonable suspicion or probable cause to stop or arrest the defendant. Police officers must have a valid reason, based on observable facts, to pull someone over or detain them. If the stop or arrest was unjustified, any evidence gathered afterward, such as field sobriety tests or breathalyzer results, may be deemed inadmissible in court.
- Improper Administration of Field Sobriety Tests – Field sobriety tests, like the walk-and-turn or one-leg stand, are subjective and must be administered correctly by trained officers. If the tests were conducted improperly or the instructions were unclear, it can cast doubt on the accuracy of the results. Factors such as weather conditions, uneven terrain, or physical disabilities can also affect a person’s ability to perform these tests accurately.
- Inaccurate Breathalyzer or Blood Test Results – Challenging the accuracy of breathalyzer or blood test results is another common defense. Breathalyzer devices must be properly calibrated and operated to produce reliable readings. Factors such as mouth alcohol, certain medical conditions, or even diet can influence breathalyzer results. Blood tests must be handled and analyzed according to strict protocols to ensure accuracy and validity.
- Rising Blood Alcohol Defense – The “rising blood alcohol” defense argues that the accused’s (defendant’s) BAC was below the legal limit while driving but rose above that limit by the time they were tested. Alcohol absorption continues after drinking stops. Therefore, if a significant amount of time passes between driving and testing, this defense may cast doubt on whether the defendant was legally intoxicated while operating their vehicle.
- Medical Conditions or Factors – Certain medical conditions or factors, such as gastroesophageal reflux disease (GERD), can cause inaccurate breathalyzer readings by producing false positives. Additionally, some medications can affect a person’s ability to drive safely but may not necessarily indicate intoxication.
- Necessity Defense – In rare cases, a necessity defense may be used if driving under the influence was the only reasonable option to prevent a greater harm, such as avoiding a serious accident or.
Navigating a DWI charge requires understanding and employing the appropriate legal defenses. Each case is unique, and the effectiveness of these defenses depends on the specific circumstances and evidence involved. An skilled DWI defense attorney in Texas can provide invaluable guidance in developing a defense strategy tailored to your individual case.
Reasons Why You Need an Experienced Criminal Defense Lawyer in a Texas DWI Case
Facing a DWI charge in Texas is a serious matter that can have lasting consequences. Here are the key reasons why having an experienced criminal defense lawyer is crucial in such cases:
- Knowledge of DWI Laws and Procedures – An experienced DWI lawyer understands the intricacies of Texas DWI laws, including recent updates and precedents. They know the procedures involved in DWI cases, from the initial traffic stop to possible trial proceedings. This knowledge allows them to navigate the legal system effectively and advocate for the best possible outcome.
- Legal Strategy and Defense Options – DWI cases are complex, and an experienced lawyer can assess the specific circumstances of your case to develop a tailored defense strategy. They can identify weaknesses in the prosecution’s case, such as procedural errors, inaccuracies in tests, or violations of your rights. This strategic approach increases the chances of having charges reduced or dismissed.
- Negotiation Skills – A skilled DWI attorney has negotiation skills honed through years of practice. They can engage with prosecutors to negotiate plea bargains or reduced charges, potentially minimizing penalties. This negotiation often involves presenting mitigating factors or alternative sentencing options that benefit the defendant.
- Courtroom Experience – Trial experience is invaluable in DWI cases where courtroom procedures and presenting evidence are critical. An experienced defense lawyer knows how to present a compelling case to the judge and jury, cross-examine witnesses effectively, and argue legal points persuasively. This experience can make a significant difference in the outcome of a trial.
- Understanding of Alternative Sentencing and Programs – In some cases, alternative sentencing options or diversion programs may be available to first-time offenders or those struggling with substance abuse issues. A knowledgeable Texas DWI lawyer can explore these options and advocate for participation in programs that focus on rehabilitation rather than incarceration.
- Protection of Rights – Everyone has constitutional rights, including during a DWI investigation and arrest. An experienced lawyer ensures that your rights are protected throughout the legal process. They can challenge unlawful searches, coercive interrogations, or violations of due process, which can lead to the suppression of evidence or dismissal of charges.
- Guidance and Support – Facing a DWI charge can be overwhelming and stressful. A compassionate DWI attorney provides guidance and support, explaining legal proceedings, answering questions, and offering reassurance during a difficult time.
Consulting a criminal defense lawyer and retaining an experienced Texas criminal defense attorney is essential when confronting a DWI charge in Texas. Their knowledge, skills, and dedication to protecting your rights can significantly affect the outcome of your case, potentially mitigating penalties and safeguarding your future.
What Happens at a DWI Trial in Texas?
When facing a DWI trial in Texas, it’s important to understand the process and what to expect during this critical legal proceeding:
- Pre-Trial Preparation – Before the trial begins, your Texas DWI defense lawyer will thoroughly review the prosecution’s evidence, witness statements, and any police reports. They will also discuss defense strategies with you and prepare you for what to expect during the trial. This preparation ensures that you are well-equipped to present your case effectively and testify in court.
- Jury Selection – In Texas, DWI trials typically involve a jury unless the defendant waives this right and opts for a bench trial (where the judge decides the case). During jury selection, both the defense and prosecution attorneys question potential jurors to ensure impartiality and select individuals who can objectively evaluate the evidence presented.
- Opening Statements – Once the jury is selected, the trial begins with opening statements. Your defense lawyer and the prosecutor each present their opening statements, outlining their case theories and what they intend to prove through evidence and witness testimony.
- Presentation of Evidence – During the trial, both sides present evidence to support their arguments. This may include testimony from witnesses such as law enforcement officers, expert witnesses (like forensic specialists), and any other individuals with relevant information. Physical evidence such as breathalyzer results, field sobriety test records, and dashcam footage may also be presented.
- Cross-Examination – After witnesses testify, both attorneys have the opportunity to cross-examine them. Cross-examination aims to challenge the credibility of witnesses, clarify facts, and highlight inconsistencies in their testimony that may benefit the defense’s case.
- Closing Arguments – Once all evidence and witness testimony are presented, both attorneys deliver closing arguments. This is their final opportunity to summarize the case, review key points of evidence, and persuade the jury to decide in favor of their respective positions.
- Jury Deliberation and Verdict – After closing arguments, the jury deliberates in private to reach a verdict. In Texas, for a conviction, the jury must find the defendant guilty beyond a reasonable doubt. If the jury cannot reach a unanimous decision, a mistrial may be declared, leading to the possibility of a retrial.
- Sentencing – If the defendant is found guilty, a separate sentencing phase may follow where the judge determines appropriate penalties based on Texas DWI sentencing guidelines.
Understanding what to expect and having a skilled Texas DWI defense attorney by your side can greatly influence the outcome of your trial, ensuring that your rights are protected and your case is effectively presented.
Call an Experienced Texas DWI Defense Lawyer Today
If you are currently facing a DWI charge in Texas, you want an experienced lawyer to advocate for you throughout the process. An experienced Houston criminal defense attorney can raise one or more legal defenses on your behalf – or negotiate for a favorable plea deal – in pursuit of the best possible result available in your case.