Being arrested and charged with driving while intoxicated (DWI) is a scary and intimidating situation for most people. Many of those who are arrested and charged with a DWI do not fully understand the severity of their charges, how they will impact their future, and what they should do next.
Having the help of a trusted and dedicated DWI defense lawyer in Texas will help ensure your rights are protected during this challenging time and that you are able to build a strong defense for your case.
The Law Offices of David M. White provide thorough and reliable defenses for their Texas clients facing DWI charges. Call our team of DWI defense attorneys today at (325) 437-3311 to schedule your free initial consultation.
What Is Drunk Driving?
Drunk driving is the operation of a motor vehicle under the influence of alcohol.
Small amounts of alcohol in a person's system can begin to impact their ability to properly function adversely and will affect both their nervous system and cognitive functioning.
A person's gender and bodily size also contribute to how much the effect of alcohol per drink can lead to their impairment.
According to the National Highway Traffic Safety Administration (NHTSA), various BAC levels will have predictable adverse effects on a person’s ability to properly and safely operate a motor vehicle:
- BAC of 0.02 percent - A person experiences a decline in visual functions, and their ability to multitask while driving decreases effectively.
- BAC of 0.05 percent - A person begins to be unable to track moving objects with their vision correctly, and they experience reduced coordination.
- BAC of 0.08 percent - A driver begins to experience short-term memory loss and impaired perception of reality, leading to an inability to properly concentrate on driving, controlling their speed, and processing the information in the car and on the road around them.
- BAC of 0.10 percent - A person cannot correctly apply the brakes and remain within their traffic lane.
- BAC of 0.15 percent - A BAC of 0.15 percent or higher puts a person as being substantially impaired, creating an inability for them to control their vehicle, process auditory and visual information around them, or pay attention to what they are doing or happening around them.
Drunk Driving Accidents in Texas
The National Highway Traffic Safety Administration (NHTSA) reports that an estimated 37 people are killed from a drunk-driving accident in the United States every day. The NHTSA further estimates that a drunk-driving-related fatality occurs once every 39 minutes nationwide, with alcohol-related traffic accidents resulting in an estimated 13,525 deaths in the country in one recent year.
According to the Texas Department of Transportation (TXDOT), more than 25 percent of people who suffered a fatality on Texas roadways in one recent year were because of a driver being under the influence of alcohol. The TXDOT further reports that alcohol-related crashes most commonly occurred between the hours of 2:00 am and 3:00 am, with Sunday experiencing more alcohol-related crashes reported than any other day of the week.
The Insurance Institute for Highway Safety (IIHS) reports that close to 1,090 drivers in Texas with a known BAC level were killed in a deadly drunk driving crash in one recent year, representing 54 percent of all driver-related fatalities in Texas that same year.
What Is a DWI in Texas?
According to the Texas Penal Code, a person can be charged with driving while intoxicated (DWI) if that person illegally operated a motor vehicle in a public space while intoxicated. The classification of intoxication for a DWI in Texas applies to not only just alcohol but also both illicit and prescription drugs.
In Texas, the legal limit for alcohol in a person of 21 years or older is below a blood alcohol content (BAC) of 0.08. If law enforcement tests a person and the result is a BAC of 0.08 or higher, that will result in a DWI charge.
What Are the DWI Laws in Texas?
Several laws factor into the severity of a DWI charge in Texas.
Per Se Law
When issuing a DWI in Texas, the state operates under a per se law, which means "by itself" in Latin.
In Texas, this means that law enforcement does not need to prove any other signs of impairment in order to charge a person with a DWI if that person tests positive for a BAC of 0.08 or higher.
Implied Consent State
According to the Texas Transportation Code, Texas is classified as an implied consent state.
Implied consent means that by driving on the road in Texas, you have consented to test for drugs, alcohol, and other substances in your systems if law enforcement arrests you for allegedly driving in public while intoxicated.
If a driver refuses to do chemical testing in this scenario, they are subject to face penalties.
DWI Charges
The Texas Penal Code identifies a number of various DWI charges and their associated penalties in the state.
First-Time DWI Charge
A person who is charged with a first-time DWI is subject to a Class B misdemeanor charge with at least 72 hours of confinement.
Flying While Intoxicated
A person operating an aircraft while intoxicated can be charged with a DWI offense for flying while intoxicated. The penalty for flying while intoxicated is a Class B misdemeanor with a minimum sentence of 72 hours confinement.
Boating While Intoxicated
Operating a watercraft while intoxicated can result in a boating while intoxicated charge that is subject to a Class B misdemeanor with a minimum sentence of 72 hours confinement.
Assembling or Operating an Amusement Ride While Intoxicated
A person who assembles or operates an amusement ride while intoxicated is subject to a penalty of being charged with a Class B misdemeanor with a minimum sentence of 72 hours of confinement.
Enhanced DWI Charges
There are a number of enhanced DWI charges that increase the penalty from a Class B misdemeanor with a minimum sentence of 72 hours confinement to more severe penalties.
Open Container
If an open container of alcohol is found within the driver’s immediate possession during a DWI arrest, the DWI charge will remain a Class B misdemeanor and will be subject to an increased term of confinement to six days from the standard 72 hours.
BAC at or Above 0.15
If law enforcement conducts a blood, urine, or breath test that shows the driver’s alcohol concentration is at a level of 0.15 or higher, then the DWI offense increases from a Class B misdemeanor to a Class A misdemeanor.
Child Passenger
A person driving a vehicle in public while intoxicated who has a child under the age of 15 in their vehicle is subject to an enhanced DWI charge of a state jail felony offense.
Intoxication Assault
Intoxication assault is committed when a person is driving while intoxicated and causes serious bodily injury to another person. Texas Penal Code further defines serious physical injury as one that causes severe permanent disfigurement, impairment, loss, or risk of death.
An intoxication assault DWI charge increases the offense to a third-degree felony.
Intoxication Manslaughter
When a person accidentally kills someone as a result of driving while intoxicated, they have committed intoxication manslaughter.
Intoxicated manslaughter is a second-degree felony offense.
Boating While Intoxicated With a Child Passenger
If a person is boating while intoxicated with a child passenger on the watercraft under the age of 15 years, the charges are enhanced to a state jail felony.
Assembling or Operating an Amusement Ride While Intoxicated With an Open Container
For a person who assembles or operates an amusement ride while intoxicated and has an open container in their immediate possession, the charges will be increased to a Class B misdemeanor with a minimum sentence of 6 days confinement.
DUI Charges
While a DWI applies to people 21 years of age or older, a DUI charge applies to minors under the age of 21.
A first-time DUI offender is usually charged with a Class C misdemeanor, accompanied by a requirement to perform community service.
If it is a person’s third offense, the amount of community service required increases, and a fine and jail sentence may also be included in the penalties.
Why Choose the Law Offices of David M. White
The skilled and dedicated team at the Law Offices of David M. White is compassionate in its pursuit of helping fellow Texans with their criminal defense cases.
Our team relentlessly works on each client's case to bring them the best results possible, easing the stress they and their loved ones feel during challenging times.
We are committed to helping our West Texas community by proudly delivering dedicated and compassionate service and assistance with your legal needs. Our team appreciates how crucial your case results are for your future, and we strive to provide unyielding representation and advocacy for you throughout your case.
At the Law Offices of David M. White, we pride ourselves on our ability to provide free initial consultations for all of our clients, serve our Spanish-speaking community with our bilingual staff, understand and empathize with the importance of your case while we provide our legal help, and deliver top-notch service to our clients while keeping their well-being front of mind throughout their case.
Many clients express their appreciation for our help with their cases.
Cheyenne needed help with a general warranty deed and could not get any of the other local law offices to return her calls. Our team returned her call within an hour of her reaching out to us for help, and we were able to resolve her issue within a matter of days. She expressed how happy she was with our services.
Dillon was grateful for how available our team was to answer all of his questions and respond promptly to his emails. He felt his case was safe in our hands and was pleased with how we fought for justice in it. Dillon appreciated how personable we were with him during his case and our comprehension of the legal court system.
What Do I Do If Arrested for a DWI in Texas?
Getting arrested and charged with a DWI in Texas is often a terrifying and stressful situation for most people. Many people are unsure of what to do next and who to turn to for help.
Taking the proper steps after being arrested for a DWI in Texas is crucial to protecting your rights and strengthening your defense.
Do Not Accept the Initial Offer
Many people feel intimidated by the prosecution team's tactics and think they need to accept the first offer they receive.
Do not accept the initial offer.
By accepting the first offer, you could put yourself at a legal disadvantage, weakening your defense and increasing the severity of your penalties.
Work With an Attorney
Contact an attorney immediately after being charged with a DWI in Texas.
A reliable legal team will strengthen your defense case and ensure you protect your rights during this challenging time.
What Can a DWI Lawyer Do for You?
Trying to defend yourself against a DWI charge without the professional help of a skilled DWI lawyer is often an overwhelming and confusing experience. People who try to manage the aftermath of a DWI charge alone often weaken their defense and put themselves in a precarious legal situation.
It is essential to have the help of a trusted and well-versed DWI lawyer to help ensure you protect your rights and strengthen the defense of your case.
Many times, the prosecution team will attempt to intimidate the defendant into thinking they need to accept the initial offer, which often puts the defendant at a severe legal disadvantage. Having a reliable and assertive DWI defense lawyer on your side will help protect you from the prosecution’s strategic tactics.
Your dedicated and competent legal team will advocate and negotiate on your behalf to reduce the legal repercussions associated with your DWI charge, including
- The duration of any proposed suspension of your driver's license
- Length of any proposed probation
- Length of any proposed jail time
- Quantity of fines
- Length of required alcohol-treatment plan
If you or your loved ones have been charged with a DWI in Texas, contact our team today to schedule your free case evaluation.
Work With an Experienced DWI Defense Attorney
Most people find that being arrested and charged with a DWI in Texas is a terrifying and intimidating experience. DWI charges can result in long-term adverse impacts on a person’s life and the lives of their loved ones.
Having the help of an experienced DWI defense attorney will ensure your rights are protected and help you strengthen the defense for your case.
Our distinguished attorneys at the Law Offices of David M. White are passionate about helping our local Texas community with their DWI defense cases.
We will work relentlessly on your case to bring you the best results possible, lightening the stress of you and your loved ones during your challenging times.
Our West Texas law offices are conveniently located in
- Abilene - On the northeast corner of Treadaway Boulevard and Industrial Boulevard, just outside of the Abilene Country Club
- San Angelo - On College Hills Boulevard, a few blocks north of the West 306 Loop
Call the Abilene, TX, criminal defense law firm today at (325) 437-3311 to schedule your free initial consultation. Let us manage the burden of your criminal defense.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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