DWI, DUI, and other Alcohol Crimes
When you are arrested for Driving While Intoxicated, two cases actually stem from that arrest.
The first is the criminal case, where on a first offense DWI you face a range of punishment between 3 days in jail up to 180 days in jail and/or a fine of up to $2000. The criminal case can also result in a suspension of your license.
The second case is not criminal, but rather Administrative, where the sole purpose of that case is to suspend your license. This is done by the Department of Public Safety (DPS) in an Administrative License Revocation (ALR) hearing.
You have 15 days from the date of arrest to request an ALR hearing. If you do not do so, then your license will be suspended in 40 days and the Temporary driving permit the officer gave you will no longer be valid.
If you refused to do a breath or blood test, and you do not win the ALR hearing, then your license will be suspended for 180 days. If you did a breath or blood test, but were over the limit, then your license will be suspended for 90 days.
If your drivers license is suspended you could still petition for an Occupational Drivers License, which would allow you to drive during your suspension period.
A DWI case is rather unique in that it is an Opinion crime. A police officer who probably has never met you, forms an opinion if you are too intoxicated to drive.
Texas law defines Driving While Intoxicated as the following:
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
As most people arrested for DWI are caught driving, the main issue then becomes, were you Intoxicated.
Texas law defines Intoxicated as:
(A) 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 two or more of those substances, or any other substance into the body; OR
(B) having an alcohol concentration of 0.08 or more.
As stated earlier, a police officer who arrests you for DWI has essentially formed an OPINION that despite never having met you--you have lost the NORMAL use of your mental or physical faculties.
Contact Us
Travis County Office
(Main Office)
812 San Antonio St, Suite 118
Austin, TX 78701
Williamson County Office
(Available by appointment only)
Georgetown, TX
Phone: (512) 743-3753
Fax: (512) 597-9699
Email: csrlaw@me.com
