DUI Lawyer in Austin, TX
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Definition of Intoxication
Section 49.01(2)(a) of the Penal Code defines intoxication as “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 .08 or more.”
The penalties for Driving While Intoxicated (DWI) when charged as an adult, which include driving under the influence of alcohol or drugs, are:
1st Offense (Class B Misdemeanor) includes: a fine up to $2,000.00, a jail term of 72 hours to 180 days, suspension of your driver license from 90 days to 365 days, and a yearly fee of $1,000 or $2,000 for three years imposed by the Texas Department of Public Safety. The court may probate the jail sentence and waive the driver license suspension for a first offense ONLY. If you have an open container of an alcoholic beverage when arrested, the minimum term of jail increases to 6 days.
- 2nd Offense (Class A Misdemeanor) includes: a fine up to $4,000.00, a jail sentence of 30 days to one year, suspension of your driver license for 180 days to two years, and a yearly fee of $1000, $1500, or $2,000 for three years imposed by the Texas Department of Public Safety. A 1st Offense can also be charged as a Class A Misdemeanor if the blood-alcohol concentration (BAC) is above 0.15, in which case the punishment range is the same as a 2nd Offense.
- 3rd or Subsequent Offense (Felony of the Third Degree) includes: a fine up to $10,000.00, a prison term in the penitentiary for two to 10 years, suspension of your driver license for 180 days to two years, and a yearly fee of $1,000, $1500, or $2,000 for three years imposed by the Texas Department of Public Safety.
Driving While Intoxicated with a Child Passenger
Section 49.045 of the Penal Code states that driving while intoxicated while the vehicle being is occupied by a passenger who is younger than 15 years of age is a state jail felony.
- DWI with Child (under 15) Passenger (State Jail Felony) includes: a fine up to $10,000, sentence in the state jail facility for 180 days to two years, and suspension of your driver license for 180 days.
- Intoxication Assault (Felony of the Third Degree) includes: a fine up to $10,000.00, a sentence for two to 10 years in the Texas Department of Corrections, and suspension of your driver license for 180 days to two years.
- Intoxication Manslaughter (Felony of the Second Degree) includes: a fine up to $10,000.00, confinement in the penitentiary for two to 20 years, and a driver license suspension for 180 days to two years.
“TEXAS HAS TOUGH ALCOHOL-RELATED LAWS FOR MINORS
Texas established ZERO TOLERANCE for minors who commit any alcohol related offenses. Texas defines a “minor” as someone under 21 years of age. A minor may not purchase, attempt to purchase, consume, or possess an alcoholic beverage. If a minor has ANY detectable amount of alcohol in their system while operating a motor vehicle on a public street, it is a criminal offense of Driving Under the Influence of Alcohol by a Minor (DUIA by a Minor). The 0.08% BAC legal limit of intoxication does not apply to minors. If the minor does not have a driver license, driving privileges are denied for the same period as the suspension.”
How a Compassionate DWI Lawyer Can Help You
Legacy Estates & Trust represents clients both over and under the age of 21 who are facing drunk driving charges. As a seasoned criminal defense lawyer, our team will utilize all available resources to disprove the evidence brought against you in your DWI or DUI case. When you need reliable guidance and passionate representation in Austin, TX, contact Lefkowitz & Haire and get a free case evaluation today.
Get a Free Case Evaluation From a Drunk Driving Attorney
Speak with a DUI and DWI defense lawyer today; call (512) 543-1622.
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The information contained on this website is presented for informational and marketing purposes only and is not to be understood as legal advice. You should consult an attorney for advice respecting your individual needs. Legacy Estates & Trust looks forward to speaking with you about your particular needs. Please note, however, that the mere act of contacting our firm does not create an attorney-client relationship. As a result, you should never send any confidential information to our office until a Representation Agreement has been signed by both you and Legacy Estates & Trust.