If you are wondering what the charge for driving under the influence is, the answer depends on the state where the offense occurred. In Texas, the adult offense is generally called Driving While Intoxicated (DWI) rather than DUI. Under Texas Penal Code §49.04, a person can be charged with DWI for operating a motor vehicle in a public place while intoxicated.
A DWI charge can result from alcohol, drugs, or a combination of substances that impair a person’s normal mental or physical abilities. The potential consequences depend on factors such as the driver’s BAC, prior DWI convictions, whether a child was in the vehicle, and whether another person suffered serious injury or death. If you are facing a DWI charge, speaking with a DUI attorney Houston can help you understand the charges, potential consequences, and legal options available in your case.
DUI vs. DWI in Texas
Although people commonly use the terms DUI and DWI interchangeably, Texas law distinguishes between different alcohol-related driving offenses.
For adults, the primary offense is Driving While Intoxicated (DWI). Texas law focuses on whether a person was intoxicated while operating a motor vehicle in a public place. A person may be considered intoxicated if they have a blood alcohol concentration of 0.08 or more or have lost the normal use of their mental or physical faculties because of alcohol, drugs, or another substance.
The term DUI is also used in Texas in certain contexts, including alcohol-related offenses involving drivers under 21. Therefore, understanding the specific charge listed in your case is important.
Read Related: DUI vs DWI Guide
What Is the Legal BAC Limit in Texas?
For most adult drivers, Texas considers a BAC of 0.08 or higher to be intoxicated. However, a person does not necessarily have to reach 0.08 BAC to face a DWI charge.
Texas law also allows intoxication to be established through impairment of normal mental or physical faculties. This means the circumstances of the traffic stop, driving behavior, field sobriety testing, and other evidence may be relevant to a DWI investigation.
Commercial drivers and drivers under 21 can be subject to different alcohol-related rules and consequences.
Types of DWI Charges in Texas
The classification and potential punishment for a DWI can change depending on the circumstances.
First DWI Offense
A standard first DWI is generally a Class B misdemeanor. However, Texas law provides enhanced consequences when the alcohol concentration is 0.15 or more at the time of testing, which can make the offense a Class A misdemeanor.
Second DWI Offense
A second DWI conviction can result in more serious penalties than a first offense. Texas treats a second DWI as a Class A misdemeanor under the applicable statute.
Third or Subsequent DWI
A third DWI offense can be prosecuted as a felony. Texas law provides enhanced punishment for certain repeat intoxication offenses based on prior convictions.
DWI With a Child Passenger
Driving while intoxicated with a passenger younger than 15 years old is a separate offense under Texas Penal Code §49.045. The offense is classified as a state jail felony.
Intoxication Assault
When intoxicated driving causes serious bodily injury to another person, the driver may face an intoxication assault charge. This is a felony offense with significantly more serious potential consequences than a standard DWI.
Intoxication Manslaughter
If intoxicated driving causes another person’s death, the driver may face an intoxication manslaughter charge. Texas classifies intoxication manslaughter as a felony.
Read Related: DUI Laws and Penalties
Penalties for a DWI in Texas
The penalties for DWI depend on the offense level and circumstances of the case. According to the Texas Department of Public Safety, adult DWI penalties can include fines, confinement, and driver’s license suspension. If you are facing a DWI charge and want to understand the potential consequences, speaking with a DUI lawyer near me can help you understand how Texas law may apply to your situation.
Potential consequences may include:
- Fines: Monetary penalties can increase with repeat offenses or more serious charges.
- Jail or prison: Depending on the offense, a person may face jail or state prison time.
- Driver’s license suspension: A DWI conviction can result in a license suspension, with the length depending on the offense and circumstances.
- Alcohol education programs: A court may require completion of an approved alcohol education program.
- Ignition interlock: An ignition interlock device may be required as a condition of driving.
- Probation: Some cases may involve probation and court-ordered requirements.
- Criminal record: A DWI conviction can remain on a person’s driving record and may have long-term consequences.
The actual punishment depends on the specific charge, prior convictions, evidence, and circumstances surrounding the alleged offense.
Administrative License Suspension After a DWI Arrest
A DWI arrest can create a separate driver’s license issue even before a criminal case is resolved.
Texas has an Administrative License Revocation (ALR) process that is separate from the criminal DWI proceeding. It can apply when a person arrested for DWI refuses a blood or breath test or provides a test showing an alcohol concentration at or above the applicable limit.
If you receive an ALR suspension notice, the Texas Department of Public Safety states that you generally have 15 days from the date the notice is served to request a hearing to contest the suspension.
Because the ALR process is separate from the criminal case, a person may need to address both matters.
Factors That Can Increase the Seriousness of a DWI Case
Not every DWI case carries the same potential consequences. Several factors can affect the classification and punishment of an offense.
These may include:
- Previous DWI convictions.
- BAC level.
- Whether a child younger than 15 was in the vehicle.
- Serious bodily injury to another person.
- Death resulting from the alleged intoxicated driving.
- Whether the driver was operating a commercial vehicle.
- The specific evidence obtained during the investigation.
For example, Texas law provides enhanced treatment for certain repeat offenses and separate felony offenses when intoxicated driving causes serious injury or death.
Evidence Used in a DWI Case
A DWI investigation may involve several types of evidence. The specific evidence available depends on the circumstances of the traffic stop and arrest.
Potential evidence can include:
- Officer observations.
- Field sobriety test results.
- Breath test results.
- Blood test results.
- Dashcam or body-camera footage.
- Witness statements.
- Statements made by the driver.
- Driving behavior.
- Medical or toxicology evidence.
- Documentation from the arrest.
An attorney can review the evidence to determine what was collected, how it was obtained, and whether there are legal issues that may affect the case.
How a DWI Defense Attorney Can Help
A DWI charge can have consequences beyond the initial arrest. An attorney can review the circumstances of the case and explain the charges, potential penalties, and available legal options. If you need broader criminal defense guidance, a criminal defense lawyer Houston can also help you understand how your DWI case may fit within Texas criminal law.
Depending on the facts, a defense attorney may examine:
The Traffic Stop
The circumstances leading to the traffic stop may be relevant to the case. An attorney can review whether the stop and subsequent investigation complied with applicable law.
Field Sobriety Testing
Field sobriety tests may become part of the evidence used by prosecutors. Their administration and the surrounding circumstances can be reviewed as part of the defense.
Breath or Blood Testing
An attorney may examine how a breath or blood specimen was obtained and whether the testing procedures and evidence raise legal issues.
Officer Reports and Video
Police reports, dashcam footage, body-camera recordings, and other documentation may provide additional information about what occurred during the traffic stop and arrest.
Prior Convictions
If prosecutors are seeking enhanced punishment based on prior DWI convictions, an attorney can review the records and determine how those prior offenses may affect the current case.
Why Legal Representation Matters After a DWI Arrest
A DWI charge can involve both criminal proceedings and driver’s license consequences. The decisions made after an arrest may affect your legal rights, driving privileges, and potential penalties.
If you are facing a DWI allegation in Houston, obtaining legal advice can help you understand the specific charge against you and what steps may be available based on the facts of your case.
Get Legal Help for a DWI Charge in Texas
Being arrested for driving under the influence can be stressful, particularly when you are unsure whether the offense is a misdemeanor or felony and what consequences you may face.
At Juan L. Guerra, Jr. & Associates, PLLC, the legal team represents individuals facing criminal allegations and provides guidance based on the specific circumstances of each case. Understanding the charge, reviewing the evidence, and addressing applicable deadlines can be important parts of responding to a DWI allegation. The firm also helps people arrested in nearby communities, including those looking for a Willis DUI/DWI lawyer.
