Driving While Intoxicated PC § 49.04
Driving While Intoxicated is found under § 49.04 of the Texas Penal Code. The definition of "intoxicated" means: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of the two or more of those substances, or any other substance into the body; OR having an alcohol concentration of 0.08 or more.
It is important to note that taking prescribed medication alone or in combination with another drug or alcohol can result in a DWI arrest and possible conviction. Generally, all that is required from the state to prove the offense of Driving While Intoxicated is that the defendant did not possess the normal use of their mental or physical faculties, or that the defendant's blood or breath tested above the legal limit. However, if there is no breath or blood sample, the loss of one of their faculties and not the other may be explained by other means.
Unless a prior conviction for DWI exists or a child passenger was in the vehicle (younger than 15 years of age), an arrest for DWI will result in a charge of a Class B Misdemeanor. This is the most common DWI charge in Williamson County. A Class B Misdemeanor carries a punishment range up to 180 days in jail and a $2000 fine. A subsequent arrest with a prior DWI conviction and no aggravating circumstances (and no child passenger) is a Class A misdemeanor that can result in up to 1 year in jail and up to a $4000 fine. A third DWI arrest with two prior convictions is a third degree felony.
In addition, being charged with Driving While Intoxicated immediately threatens your driver's license. You only have 15 days from the date you received the Notice of Suspension (generally, the date of your arrest) to request an administrative license revocation (ALR) hearing; otherwise, the state will suspend your license and driving privileges 40 days from the date of your arrest.
A licensed driver 21 or over that submits to a breath or blood test and is over the legal limit will receive a mandatory 90 day driver's license suspension. If the same licensed driver refuses to submit to a breath or blood test, the period of suspension is enhanced to 180 days. Driver's license proceedings, including occupational driver's license hearings, are separate from your criminal case, and I regularly handle both on behalf of my clients. An occupational driver's license will enable its holder to drive to many places including: their place of employment, school, the grocery store, post office and to conduct essential household duties.
It is important to note that anything you say or do may be used against you in court. Whether or not you have provided the state with a breath or blood test or submitted to field sobriety tests, you should contact an attorney immediately for legal advice.
The Pre-Trial Intervention Program
There are multiple criminal defense options available for people who have been charged with a DWI. You may qualify for a special program in Williamson County called the Pre-Trial Intervention Program. This is a six month program that is only an option for first time offenders. Under this program, you are able to avoid prosecution if you remain law abiding and follow all the other terms of the program. Additionally, if you are accepted and complete the program successfully, your charge will be dismissed and you will be eligible to expunge the arrest and charge from your record. Getting your DWI charge dismissed will also save you the expense of yearly surcharges required to maintain your driving privileges.
One must apply to the Pre-Trial Intervention Program through an attorney and it is a good option for many people, but it's not for everyone. It is important to have a lawyer review your case to determine whether the prosecution has sufficient evidence against you before considering this option.
Evidence that was obtained in an illegal search or seizure can be suppressed, which may result in dismissal of your charges. For example, the police must have legal justification to conduct a traffic stop. I will carefully examine the police report, the video and all other evidence before advising you on an appropriate DWI defense strategy.
If you've been charged with driving while intoxicated or driving under the influence (DUI), don't hesitate to contact me to discuss whether you are eligible for pretrial intervention, you should pursue a dismissal or go to trial.
The Law Office of Clovis Martin has represented clients charged with:
Assault with Bodily Injury (PC 22.01), Aggravated Assault (PC 22.02) Aggravated Kidnapping (PC 20.04), Burglary of Vehicles (PC 30.04), Consumption of Alcohol by a Minor (ABC 106.04), Credit Card or Debit Card Abuse (PC 32.31), Criminal Mischief (PC 28.03), Criminal Trespass (PC 30.05), Deadly Conduct (PC 22.05), Driving Under the Influence of Alcohol by Minor (ABC 106.041), Driving While Intoxicated (a.k.a. DWI PC 49.04), Driving While Intoxicated with Child Passenger (PC 49.045), Driving While License Invalid (TC 521.457), Duty on Striking Unattended Vehicle (TC 550.024), Duty on Striking Fixture or Highway Lanscaping (TC 550.025), Engaging in Organized Criminal Activity (PC 71.02), Evading Arrest or Detention (PC 38.04), Failure to Identify (PC 38.02), Fictitious or Counterfeit Inspection Certificate OR Insurance Document (TC 548.603), Furnishing Alcohol to a Minor (ABC 106.06), Harassment (PC 42.07), Interference with Emergency Telephone Call (PC 42.062), Possession of Alcohol by a Minor (ABC 106.05 a.k.a. Minor in Possession of Alcohol or MIP), Possession of [Controlled] Substance (CSA 481.115 to 481.118), Possession of a Dangerous Drug (CSA 483.041), Possession or Delivery of Drug Paraphernalia (CSA 481.125), Possession of Marijuana (CSA 481.121), Prostitution (PC 43.02), Public Intoxication (PC 49.02), Racing on Highway (TC 545.420), Reckless Driving (TC 545.401), Resisting Arrest, Search, or Transportation (PC 38.03), Revocation of Community Supervision (a.k.a Probation, CCP 42.12-Sec. 23), Sale [of Alcohol] to Minors (ABC 106.03), Sexual Assault (PC 22.011) Terroristic Threat (PC 22.07), Theft (PC 31.03), Theft by Check (PC 31.03 & 31.06), Theft of Service (PC 31.04), Unlawful Carrying Weapons (PC 46.02), and Unlawful Restraint (PC 20.02).
