driving while intoxicated(DWI)
Driving While Intoxicated (DWI) is one of those charges that can strike anyone. Many have gotten behind the wheel after drinking and, if they're honest, most will admit to driving after having too much to drink. DWI is still stigmatized more than most criminal charges. DWI charges carry many pitfalls and can lead to a lifetime of consequences. Lengthy jail sentences, years of probation, and thousands of dollars of fines and fees are on the line. Put simply, you need a experienced and savvy DWI lawyer in your corner.
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DWI occurs when someone who is intoxicated operates a motor vehicle in a public place. Intoxicated means a blood-alcohol content of 0.08 or higher or not having the normal use of one's mental or physical faculties due to the introduction of some substance (like alcohol or a drug). In some other states, DWI is called DUI, but in Texas DUI is a separate crime that applies only to minors. What most people refer to as DUI is actually a DWI in Texas.
Generally DWI is a class B misdemeanor (up to 180 days in the county jail and up to a $2,000.00 fine). If the state proves the person had an open container of alcohol within their immediate possession, the minimum term of confinement goes up from 72 hours to 6 days. A second DWI is a class A misdemeanor carrying a punishment range of 30 days to 1 year in the county jail and up to a $4,000.00 fine. A DWI becomes a third degree felony carrying a range of punishment of between 2-10 years in the penitentiary and up to a $10,000 fine if the state proves the person has previously been convicted of two DWIs (or has been convicted of intoxication manslaughter).
The information contained on this website is for informational purposes and should not be construed as legal advice, a substitute for legal advice, or as creating an attorney/client relationship between the reader and the Law Office of Mike Howard. Consult an attorney about your specific situation and the facts involved for comprehensive legal advice.