Being charged with an alcohol-related offense is a scary and worrisome event for most people. They are often unsure of what the charges actually mean, how long they will affect their lives, and what to do to help protect themselves.
Working with a skilled and knowledgeable defense lawyer will help protect your rights and strengthen your defense during this challenging and stressful time.
The Law Offices of David M. White provide thorough and dependable defenses for their Texas clients facing alcohol-related charges. Call our Abilene criminal defense lawyers team today at (325) 437-3311 to schedule your free initial consultation.
What Are the Alcohol-Related Offenses?
Facing an alcohol-related offense is a serious matter that can have life-long repercussions.
The state of Texas has six major alcohol-related offenses.
Driving While Intoxicated (DWI)
The Texas Penal Code states a person will be charged with driving while intoxicated (DWI) in Texas if that person illegally operated a motor vehicle in a public space while being 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.
Driving Under the Influence (DUI)
People are commonly confused about the difference between driving under the influence (DUI) and driving while intoxicated (DWI). The primary difference between these two charges is the age of the person being charged.
While a DWI applies to people 21 years of age or older, a DUI charge applies to minors under the age of 21.
According to the Texas Alcoholic Beverage Code, a DUI is an offense committed when a minor operates a motor vehicle in a public place with any detectable amount of alcohol in their system.
Public Intoxication
A person commits an offense of public intoxication if they are intoxicated in a public space to the point where they pose a threat of endangering either themself or another person.
Possession of an Alcoholic Beverage in a Motor Vehicle
It is illegal to be in possession of an open container of alcohol within their possession in a motor vehicle on a public highway in Texas, even if the vehicle is parked or stopped.
Intoxication Assault
Intoxication assault is committed when a person is driving while intoxicated or assembling an amusement ride 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.
Intoxication Manslaughter
When a person accidentally kills someone as a result of driving while intoxicated or assembling an amusement ride while intoxicated, they have committed intoxication manslaughter.
A charge of intoxication manslaughter also applies to a person who is intoxicated and, because of their intoxication, either intentionally or accidentally causes the death of another person.
What Are the Penalties for Alcohol-Related Offenses in Texas?
Penalties for being charged with an alcohol-related offense in Texas will vary depending on the severity of the charge.
First-Time DWI Charge
A person who is charged with a first-time DWI is typically subject to a Class B misdemeanor charge with at least 72 hours of confinement.
Flying While Intoxicated
A person operating an aircraft while intoxicated will 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.
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
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.
Public Intoxication
A charge of public intoxication is classified as a Class C misdemeanor in Texas for those aged 21 or older.
If a minor is charged with public intoxication, the penalty is a Class C misdemeanor for a first-time offense.
If the minor was previously convicted for any two minor-related alcohol charges, including the purchase of alcohol, attempt to purchase alcohol, consumption of alcohol, possession of alcohol, or misrepresentation of age, then they are subject to more severe forms of penalties, including
- A fine between $250 to $2,000
- Confinement in jail for no more than 180 days
- Both a fine between $250 to $2,000 and confinement in jail for no more than 180 days
- The successful completion of an alcohol awareness program or a substance misuse education program
- Suspension of the minor’s driver's license or permit for up to six months or the denial of issuance of a driver’s license or permit
- Performance of required community service hours
Possession of an Alcoholic Beverage in a Motor Vehicle
A person charged with possession of an open container of alcohol in a motor vehicle is subject to a Class C misdemeanor charge.
Intoxication Assault
An intoxication assault charge is considered a third-degree felony.
Intoxication Manslaughter
Intoxicated manslaughter is a second-degree felony offense.
Contact the Law Offices of David M. White today if you or your loved one are facing alcohol-related charges in Texas.
Why Choose the Law Offices of David M. White
The Law Offices of David M. White are well-versed in helping fellow Texans with their criminal defense cases.
Our team works hard on your case to bring you the best results possible, easing the stress of you and your loved ones during your 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.
Heather exclaimed how wonderful our service and staff were in helping her resolve her traffic ticket issues. She appreciated our upbeat nature, excellent communication, well-versed knowledge of the subject matter, and our ability to provide a personal touch 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.
Alcohol-Related Accidents in Texas
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 1,089 drivers in Texas with a known BAC level were killed in a deadly drunk driving accident in one recent year. This represents 54 percent of all driver deaths in the state that same year.
According to the National Highway Traffic Safety Administration (NHTSA), an estimated 37 people are killed from a drunk-driving accident in the United States every day. The NHTSA approximates that a drunk-driving-related death happens once every 39 minutes nationwide, with alcohol-related traffic accidents resulting in an estimated 13,525 deaths in the country in one recent year.
How Long Do Alcohol-Related Offenses Appear on Your Driving Record?
Many people often feel terrified and confused after being charged with an alcohol-related offense. They are often unsure how the charges will harm their future and wonder how long they will appear on their record.
In the state of Texas, all alcohol-related convictions will remain on a person’s driving record. The only way to remove an alcohol-related offense from your record in the state is to have your case dismissed or acquitted.
The best way to prevent an alcohol-related offense from appearing on your driving record is to work with a skilled attorney immediately after being charged.
A reliable legal team will strengthen your defense case and protect your rights during this complicated and stressful time.
Your trusted legal team will advocate and negotiate on your behalf to have your case dismissed or acquitted. They will strive to reduce the legal repercussions associated with your alcohol-related charges, 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
Work With a Dependable Defense Attorney
Getting arrested and charged with an alcohol-related offense is a terrifying and intimidating experience that can damage your life and the lives of your loved ones.
Working with a dependable defense attorney will protect your rights and strengthen your case’s defense.
Our distinguished Abilene personal injury attorneys at the Law Offices of David M. White are passionate about helping our local Texas community with their alcohol-related 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 Law Offices of David M. White 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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