Texas DUI and DWI Defense

Complexities of the Law

The laws defining driving under the influence in Texas (Texas DUI) or driving while intoxicated (DWI) in Texas are very complex. These laws are intended to keep motorists safe from those who would drive while under the influence of alcohol or controlled substances. These well-intentioned laws are vital for maintaining road safety; many thousands of people every year are the victims of accidents caused by alcohol or other substances. For those charged and convicted of these offenses, however, the penalties can be severe and can even affect your ability to earn a living.

Understanding DUI and DWI Charges

In Texas, DUI and DWI charges are based upon a factor called blood alcohol concentration (BAC). The limits for BAC vary based on classification. For a normal adult, 21 years of age, the legal BAC is under 0.08%. For those driving commercial vehicles, the level is considerably lower, 0.04%.

For minors under the age of 21, any detectable amount of alcohol in the bloodstream is enough for arrest and conviction for driving while intoxicated. This means a single beer can create severe problems under the Zero Tolerance Law.

Other Alcohol Crimes

Beyond DUI, officers can charge offenders with other crimes related to alcohol and vehicles. At The Law Office of Philip M. Gommels, we defend every kind of alcohol-related crime. These include, but are not limited to:

Public Intoxication
Open Container Laws
Minor in Possession

Hire a DUI/DWI Attorney Immediately

Alcohol and DUI in Texas are serious business. Those who face these charges should not take them lightly or attempt to resolve the issues on their own. If you are being detained and questioned by police, YOU HAVE THE RIGHT TO REMAIN SILENT.

Only a qualified criminal defense attorney can help you defend against complex DWI legal codes. If you have been arrested or charged for DUI and DWI in Texas, call us immediately for a consultation.

DUI vs DWI | Texas Law

Oftentimes, the terms “DUI” and “DWI” are used interchangeably. Yes, they are both acronyms with somewhat similar definitions. However, they both have different meanings. On one hand, DUI stands for “driving under the influence.” On the other hand, DWI stands for “driving while intoxicated.” Under Texas law, these acronyms have two legal distinctions between them. In fact, the penalties for these charges can be severe. So, the people of Texas need to fully understand the DUI and DWI laws in their state. Not only that, but Texans need to understand the differences between these laws. Regardless of the charge, you need a Texas DUI/DWI attorney. Keep reading to see how Texas law defines and treats DUIs and DWIs.

What is a DWI in Texas?

According to Texas Penal Code, Section 49.04, the legal definition of driving while intoxicated (DWI) considers a person intoxicated when they operate a motor vehicle in a public place. Further, the Texas Penal Code defines intoxication as not having normal levels (or impaired) physical and/or mental focus due to the consumption of a drug, controlled substance, or alcohol. Plus, a person can be charged with DWI if their blood alcohol concentration (BAC) is 0.08 or more. Yes, it sounds strikingly similar to a DUI, there is still a major difference.

What is a DUI in Texas?

So, Texas law clearly defines DWI as someone that operates a motor vehicle in a public place while intoxicated. However, DUI is a bit more specific. In general, Texas Penal Code, Section 106.401 considers a crime a DUI if a minor operates a motor vehicle in a public place with “any detectable amount of alcohol” in their system. So, a person living in Texas can be charged with a DUI even if their blood alcohol concentration (BAC) is under the legal limit of 0.08. To summarize, a DUI is very similar to DWI. However, a DUI is specific to minors with any amount of alcohol in their system.

DUI vs DWI Penalties in Texas

So, the differences between the legal definitions of DUI and DWI are clear. Now, what are the different penalties for each crime?

On one hand, Texas law treats DUI offenses are Class C misdemeanors. On the other hand, the state of Texas considers DWI offenses to be Class B misdemeanors. However, there are a couple exceptions for DWI offenses. First, if the offender has a recorded BAC of 0.15 or higher, the case will then classify as a Class A misdemeanor. Second, if an incident of intoxication leads to bodily harm of another person, then the crime could be considered a felony of the second- or third-degree. In Texas, the prison sentence for a felony ranges from two to ten years and fines up to $10,000.

Finally, here are the penalties for a DUI in Texas:

First Offense:

Jail – up to 180 days
Fines – up to $2,000
Driver’s license suspension – 90 days

Second Offense (within five years of your prior offense):

Jail – up to one year
Fines – up to $10,000
Driver’s license suspension – one year

Third Offense (within five years of your prior offense):

Prison – 1 – 10 years
Fines – up to $10,000
Driver’s license suspension – one year

Further, if you commit a DUI in Texas with someone under the age of 15 years old in the vehicle, you will face 180 days – two years in prison and up to $10,000 in fines.

If you’re a commercial driver with a first DUI offense, you cannot drive your commercial vehicle for one year. In fact, this law applies to both commercial and non-commercial vehicles. Further, if you’re a commercial driver that receives a DUI while transporting hazardous materials, you cannot drive a commercial vehicle for three years. Then, if you get a second DUI, you can never drive a commercial vehicle again in your life.

Next, here are the penalties for DWIs in Texas:

First Offense:

Fines – up to $500
Community Service – 20 – 40 hours (must be related to prevention and misuse of alcohol education)
Driver’s license suspension – 30 days

Second Offense:

Fines – up to $500
Community Service – 40 – 60 hours (must be related to prevention and misuse of alcohol education)
Driver’s license suspension – 60 days

Third Offense:

Fines – $500 – $2,000
Jail – up to 180 days
Driver’s license suspension – 180 days

Finally, any licensed drinking establishment in Texas can be held liable for personal injuries due to intoxication. Specifically, this applies if it served alcohol to a person who was clearly drunk to the point of endangerment to themselves or others. Or, it applies if it knowingly served alcohol to a person under 21 years of age.

What to Do After a DUI or DWI Arrest

Whether you get arrested for a DUI or DWI, you need an expert Texas DUI / DWI lawyer on your side. If you choose to face these charges without a lawyer, then your penalties could be far more severe than they could be. After an arrest, you may be asking yourself many questions that an attorney can answer. For instance, these are some questions you have:

Do I have to take a breathalyzer/field sobriety test?
What happens if I refuse?
Can I be charged if my BAC is under 0.08?
What differences are there between DUI and DWI?
Can I represent myself in court?
What charges could I face?
Can I plead not guilty?
How much would a lawyer cost?
What happens if I was not read my Miranda rights?
Can I get a DUI/DWI from using marijuana?

If you have been arrested for DWI or DUI, you are likely afraid and unsure of what will happen next. However, having a Texas DUI / DWI lawyer on your side increases the chances of less severe penalties than if you face the charges alone. Fortunately, our lawyers have the skills and expertise you need by your side when facing DUI/DWI charges in a Texas courtroom. Further, we are here to help you when you need it, and you can trust that we’ll fight for you. So, if you have been arrested, call us right away.

Request Consultation

Fill out the form below to receive an initial confidential consultation.