Driving While Intoxicated: What is the law, what are the consequences, and what should you do?
What is the law for a DWI in Texas?
In the state of Texas, the police can charge you with Driving While Intoxicated (DWI; Drunk Driving) if you operate a motor vehicle, on a public road, while intoxicated. Intoxicated means: Having lost the normal use of your (1) Physical Faculties, (2) Mental Faculties, or (3) having a BAC greater than 0.08. Most people only think about drunk driving when they think about DWI charges but it is important to remember that the police can also charge you with DWI if they believe you are intoxicated on either illegal or prescription drugs. Even drugs for which you have a valid prescription! Also, note that the prosecutor only needs to prove one of these requirements to get a guilty verdict against a defendant. This means that even if there is no BAC score, the prosecutor might still succeed in proving their case at trial.
What are the consequences for a DWI charge in Texas?
The punishments for a DWI can range from as low as a Class B Misdemeanor to as high as a First-Degree Felony depending on several factors. Penalties include jail time, probation, a fine, or a combination of these punishments. In addition to the jail sentence and fines imposed by the Court, a DWI conviction can have additional consequences. These include but are not limited to:
- Driver’s License suspension
- Loss of commercial driver’s license or pilot’s license
- If you are a member of certain professions (such as a teacher) your license to practice could be suspended.
- Ineligibility to hold a security clearance.
- If you are in the middle of a child custody dispute, the other party could potentially use this conviction against you
What should you do if you are charged with a DWI in Texas?
A DWI arrest is a serious matter. If you have been arrested for DWI you need to hire a criminal attorney who has the experience to guide you through the court process and ensure you get the best results. That is why you should hire Carter Criminal Defense to represent you.