“What does it mean to be “Intoxicated” under Texas Law?”
ANSWER: The Texas Penal Code §49.01(2) defines “Intoxication” as:
“What must a person do to be charged with a DWI offense in Texas?”
ANSWER: The Texas Penal Code requires a person to be charged with a DWI Offense if the person:
A person arrested for driving while intoxicated in Texas can be charged with the following under Section 49 of the Texas Penal Code:
First Offense DWI: Texas Penal Code §49.04A person arrested for a first offense DWI in Texas can be charged with either a class A or class B misdemeanor. The deciding factor is whether or not there is a blood or breath sample and if that sample is above a .15.
A Person arrested for a Second DWI offense in Texas will be charged with a class A misdemeanor under the enhanced penalties of Section 49.09 of the Texas Penal Code.
Under Texas Law, a DWI Second Offense is punishable by:
NOTE: If a person is given probation for a DWI second Offense in Texas, the person MUST serve some jail time. This is known as jail as a “term and condition of probation” or “T&C” time. The length of time usually depends on the number of years between the first and second DWI.
However, the district attorney may ask for and/or the judge may require up to 30 days “T&C” time depending on the facts of the case.
Bottom line: If you are convicted of a Second Offense DWI in Texas, you MUST spend some time in jail
Third Offense (or greater) DWI: Texas Penal Code §49.09.A person arrested for a Third (or greater) DWI in Texas will be charged with a Third Degree Felony. A Third Degree DWI in Texas is punishable by:
NOTE: If a person is given probation for a DWI Third Offense (or greater) in Texas, the person MUST serve some jail time. This is known as a “term and condition of probation” or “T&C” time. Typically, this is anywhere between 10 and 180 days in jail.
Driving While Intoxicated with a Child Passenger: Texas Penal Code §49.045.If a person is arrested for DWI AND has a child passenger UNDER the age of 15 at the time he or she is driving, then that person will be charged with a State Jail Felony under Texas Penal Code Section 49.045. The State jail Felony of Driving While Intoxicated with Child Passenger in Texas is punishable by:
NOTE: If a person is given probation for a DWI With Child Passenger in Texas, the person MAY serve some jail time. This is known as “terms and conditions of probation” or “T&C” time. Typically, this is anywhere between 3 and 180 days in jail.
Intoxication Assault in Texas: Texas Penal Code §49.07.Under Texas law, a person commits the crime of Intoxication assault if by accident or mistake:
Intoxication Assault under Texas Law is a Third Degree Felony. A Third Degree DWI in Texas is punishable by:
NOTE: If a person is given probation for a DWI Third Offense (or greater) in Texas, the person MUST serve some jail time. This is know as a “term and condition of probation” or “T&C” time. Typically, this is anywhere between 30 and 180 days in jail.
Intoxication Manslaughter in Texas: Texas Penal Code §49.08.Under Texas law, a person commits the crime of Intoxication Manslaughter if the person:
Intoxicated Manslaughter in Texas is a Second Degree Felony and is punishable by:
If you are arrested in Texas for an offense on driving while intoxicated, you may be subject to certain conditions of bond.
A bond is what allows a citizen to be released from jail after an arrest. Bonds come in many forms such as; cash bonds, surety bonds (a bail bond company), or an attorney writ bond just to name a few.
A Judge may but certain conditions on a citizen before granting a bond for a person arrested of a DWI offense in Texas.
IF a person is charged with:
Under the above scenarios, Judges in Texas may place the following bond conditions on the citizen arrested:
Conditions of probation for a DWI or intoxicated driving offense in Texas vary from County to County and from Judge to Judge. However, the following conditions will usually be required if you are placed on probation for a DWI or intoxicated driving defense in Texas.
All too often, attorneys do not tell their clients about DWI surcharges before they plea to or after they are found guilty of a DWI in Texas. Under Texas law, if you are convicted of a DWI in Texas you will be subjected to the following surcharges from the Texas Department of Public Safety for 3 YEARS:
If you or a loved one has been arrested or charged with a DWI or DUI within Collin County, Texas and the surrounding cities of McKinney, Allen, Frisco, Richardson, Dallas, Denton, Wylie, Addison, Prosper, Celina and The Colony, Texas and you need the help of an experienced drunk driving defense lawyer, call the Law Offices of Biederman & Burleson today at (866) 439-2182 to schedule a free, no-obligation consultation with an experienced Plano, Texas DWI defense trial attorney.