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Hinton & Bailey LLP

DWI

HOUSTON DWI DEFENSE LAWYERS

Driving while intoxicated (DWI) cases in Texas have significantly grown over the past few years, which is why penalties associated with the said offense have also grown increasingly more harsh. Under Texas law, drug or alcohol intoxication while driving is a serious criminal offense, where even the first offense conviction can ruin your name and reputation.

So what can be considered as intoxicated under the Texas law?

In Texas, they measure your blood alcohol concentration to determine whether you’re too drunk
or intoxicated to drive a vehicle. Technically, you are considered intoxicated if your blood
alcohol concentration (BAC) hits the limit:

● 0.08% for 21 years old or older
● 0.04% for commercial drivers
● Any detectable amount for individuals younger than 21 years old

If you hit the BAC limit, you may get arrested and charged with DWI or drunk driving. However,
there are some cases that you’re legally “intoxicated” and may still get arrested regardless of
your BAC – especially if you’re weakened due to alcohol or drugs. Aside from this, you may also
get arrested and fined for the following:

1.

Having an open container (bottle, can or other receptacle) of alcohol in the passenger area while driving or parked on a public highway. Note that as long as the seal of the bottle/can/other receptacle of alcohol is broken, it is automatically considered as an ‘open container,’ where you can be fined of up to $500 and charged with a Class C misdemeanor.

2.

If you’re driving while intoxicated and carrying a passenger who’s younger than 15 years old, you can be charged with a state jail felony, punishable by up to $10,000 fine, driver license suspension and a maximum state jail time of 2 years.

3.

If you’re intoxicated while flying an aircraft, operating a watercraft or operating/assembling an amusement ride, you can be charged with a Class B misdemeanor with a minimum confinement of 72 hours.

Understanding DWI Penalties

Make no mistake, this violation isn’t only committed by criminals. Even respectable citizens are
having trouble with this kind of offense. Drunk driving or driving while intoxicated is a serious
charge, so you’ll have to get a knowledgeable and experienced defense lawyer that can take
immediate action to keep you on the road.

If you do not act now, you can expect the following:

● Hefty fines and surcharges
● Community service
● Permanent criminal record
● Imprisonment
● License suspension or cancellation
● Increased insurance rates

 

If you are facing or accused of drunk driving, Hinton & Bailey is here to help! We provide
aggressive, thorough defense counsel on your behalf, making sure to protect your rights,
freedom and future.