DWI-Related Offenses in Texas

Driving home after a night out, you think you’re perfectly fine, only to see flashing lights in your rearview mirror. Suddenly, you’re facing a DWI charge in Texas—a state known for its tough stance on impaired driving. But what exactly does a DWI entail, and how can it impact your life?

Whether it’s your first offense or a subsequent one, understanding the complexities of Texas DWI laws is crucial. In this guide, we’ll explore the different types of DWI offenses, the severe penalties involved, and why having a top-notch lawyer on your side can make all the difference.

Understanding the Basics of DWI in Texas

DWI stands for Driving While Intoxicated. Some jurisdictions commonly refer to it as DUI (Driving Under the Influence). DWI is a significant criminal offense in Texas, encompassing more than just drinking and driving. It refers to operating a motor vehicle while impaired by alcohol or drugs.

The Texas Penal Code, Section 49.04, defines a DWI-related offense. This legislation stipulates that operating a vehicle under the influence of alcohol in a public area is illegal. Intoxication occurs when your blood alcohol concentration (BAC) reaches 0.08% or higher. It can also happen when alcohol or drugs impair your ability to think or move properly.

Types of DWI Offenses

Driving while intoxicated (DWI) offenses encompass a range of scenarios, each with unique legal implications. Whether it’s alcohol, drugs, or a combination of both, understanding the types of DWI-related offenses can shed light on the consequences you might face.

1. Alcohol-Related DWI:

Standard DWI: Imagine driving home after a night out, thinking you’re fine, but a breathalyzer shows your Blood Alcohol Concentration (BAC) is 0.08% or higher. For commercial drivers, the threshold is even lower, at 0.04%. This seemingly small number can lead to significant legal trouble.

Aggravated DWI:

• • • You’re looking at steeper charges if your BAC is 0.15% or higher.
    • Have a history of DWIs? Previous convictions will only make things worse.

2. Drug-Related DWI:

Prescription Drugs: You might think you’re safe because your medication is prescribed, but if it impairs your driving, you’re still at risk. Operating a vehicle while on certain medications can lead to a DWI.

Illegal Drugs: Driving under the influence of substances like marijuana, cocaine, or other narcotics isn’t just dangerous; it’s illegal and comes with severe penalties.

3. Combination DWI:

Mixing alcohol and drugs is a recipe for disaster. The combined effects can severely impair your ability to drive, leading to even harsher legal consequences. It’s not just about doubling the risk—it’s about exponentially increasing the danger and the penalties.

Texas DWI-Related Offenses

DWI First Offense (Texas Penal Code § 49.04)

This means either having a Blood Alcohol Concentration (BAC) of 0.08% or higher or not having the normal use of your mental or physical abilities due to alcohol, drugs, or a combination of both while driving for the first time.

This is usually a Class B misdemeanor, which carries penalties of up to $2,000 in fines, 3 to 180 days in jail, and a driver’s license suspension of 90 days to 1 year.

DWI with a BAC of 0.15% or more (Texas Penal Code § 49.04d)

BAC stands for Blood Alcohol Concentration, which measures the amount of alcohol in your bloodstream. A BAC of 0.08% is the legal limit for drivers. A BAC of 0.15% is nearly double that limit.

If your BAC is 0.15% or higher, the charge is elevated to a Class A misdemeanor. It carries penalties of up to $4,000 in fines, 1 year in jail, and a driver’s license suspension of 90 days to 1 year.

DWI Second Offense (Texas Penal Code § 49.09a)

This means caught driving with either a BAC of 0.08% or higher or not having the normal use of your mental or physical abilities due to alcohol, drugs, or a combination of both for the second time.

A second-time DWI is a Class A misdemeanor, which carries penalties of up to $4,000 in fines, 1 month to 1 year, and a driver’s license suspension of 180 days up to 2 years.

DWI with a Child Passenger (Texas Penal Code § 49.045)

Driving while intoxicated with a child passenger is considered a severe offense in Texas. This offense not only puts the driver at risk but also endangers the life of the child passenger, which is why the penalties are so severe.

DWI with a child passenger in Texas is classified as a state jail felony. punishable by fines up to $10,000, 180 days to 2 years, and other penalties, including a license suspension of 180 days to 2 years.

DWI with Subsequent Offense (Texas Penal Code § 49.09b)

Unlike first- or second-time offenses, a third DWI offense is treated as a felony with more severe consequences.

A subsequent DWI offense in Texas is classified as a third-degree felony, punishable by fines up to $10,000, 2 to 10 years in prison, and other penalties, including license

DWI with Serious Bodily Injury (Texas Penal Code § 49.07)

DWI with Serious Bodily Injury in Texas occurs when a drunk driving incident leads to significant harm to another person. This includes injuries that risk death, cause permanent disfigurement, or result in prolonged impairment or loss of function of any bodily part.

It is classified as a third-degree felony, with penalties including fines up to $10,000 and 2 to 10 years in prison, and other penalties including a license suspension of 180 days to 2 years.

Alcohol-Related Manslaughter (Texas Penal Code § 49.08)

It is when a drunk driving incident leads to the death of another person. Intoxication Manslaughter is a second-degree felony, punishable by fines up to $10,000 and 2 to 20 years in prison, including a license suspension of 180 days to 2 years.

Flying While Intoxicated (Texas Penal Code § 49.05)

FWI is similar to regular DWI but applies to aircraft instead of vehicles. It is a Class B misdemeanor, punishable by fines up to $2,000, up to 180 days in jail, and possible license suspension.

Boating While Intoxicated (Texas Penal Code § 49.06)

This offense is similar to driving while intoxicated (DWI), but it applies to boats and other watercraft. BWI is a Class B misdemeanor, punishable by fines up to $2,000, up to 180 days in jail, and possible license suspension.

Assembling or Operating an Amusement Ride While Intoxicated

Assembling or Operating an Amusement Ride While Intoxicated in Texas, as defined by Texas Penal Code § 49.065, occurs when a person assembles or operates an amusement ride while intoxicated. The penalties for this offense are similar to those for BWI

Arrested? Don’t Plead, Call Me!

If you or someone you know is facing DWI-related offenses in Texas, it’s crucial to understand the severity of these offenses and the potential consequences they carry. From hefty fines and jail time to license suspensions and other penalties, the impact on your life can be significant.

To navigate these challenging situations effectively, it’s essential to have a skilled lawyer by your side. A DWI defense lawyer can help you understand the legal landscape, build a strong defense, and work toward the best possible outcome for your case.

Don’t wait until it’s too late. Take action now to protect your rights and your future. Contact Texas Criminal Defense Group today to schedule a consultation and learn how we can help you fight DWI-related charges in Texas.