Simply put a DWI in Texas means drunk driving as defined in the Texas Penal Code section 49.04. Intoxicated is defined there as not having the normal use of mental of physical faculties by reason of the introduction of alcohol, or registering a 0.08% or more on a blood, urine, or breath test. Further complications arise if the driver is a minor under the age of 21, or an adult operating a motor vehicle with a minor younger than 15 years old present with them at the time. Falling afoul of this statute puts you in serious risk of steep fines, jail time, and the suspension of your driving privileges. First offenses for basic DWI charges are treated as a class B misdemeanor, being aggravated up to a class A misdemeanor if blood alcohol content was found to be higher than .15%. Repeat offenses will find you charged with up to a 3rd degree felony on your 3rd violation which carries severe fines and up to 10 years in state prison. This is why you need to retain the services of an experienced Texas DWI attorney in order to protect yourself from the serious consequences you may be facing in court.
Failure or Refusal of Sobriety Test in Dallas
Every DWI case begins when a police officer stops a motorist and applies a standard field sobriety test. If you fail a blood or breath test, you will be arrested and your license will be seized as part of Texas’ Administrative License Revocation. Retaining an attorney within these first 15 days is critical in order to file an appeal with the State Office of Administrative Hearings contest the revocation of your driver’s license, which will be suspended for 90 days following a conviction. If however you refused the sobriety test the police officer probably seized your license and issued you a 15 day driving permit pending an appeal. A conviction in this case will result in a 180 day suspension of your license in addition to all the other criminal penalties which might be imposed by the courts for the DWI conviction itself.
Texas Open Container Laws
In addition to a DWI charge you may also be liable for a separate open container violation if you were in possession of any bottle, can, or other receptacle containing any alcohol at all; provided that container is open or has been opened. Texas law forbids the possession of such a container in any passenger area of a motor vehicle, meaning an area designed for the seating of the operator of passengers. This does not include a glove compartment or the trunk. Knowingly possessing a container of this sort while in a vehicle located on any public highway is a class B misdemeanor on its own under Texas law, and will cause a first time DWI charge to be more severe.
John L. Corn Knows The Dallas DWI System
John L. Corn has served the Dallas community for over 28 years, with extensive experience in handling DWI violations of all forms. No matter the circumstances of your arrest or sobriety test he knows how to guide you through the legal difficulties you are now facing. If you absolutely need to keep your license and are worried at the prospect of prison time you need to act fast and retain John L. Corn as your DWI defense attorney today.
Call The Law Office of John Lawrence Corn P.C at (214) 528-4529 for a free consultation.
The Law Office of John Lawrence Corn P.C
4054 McKinney Avenue
Dallas, Texas 75204