Texas Law: Intoxication and Alcoholic Beverage Offenses
If you have been arrested for drunk driving in East Texas or are facing any alcohol-related charge, it is vitally important to consult a defense lawyer who understands the laws, the courts and the politics, and how they apply in your case.
Did you know that Mothers Against Drunk Driving (MADD) has worked long and hard to ensure that deferred adjudication is not available to anyone accused of DWI in Texas? These days, assuming that a first offense DWI will only get you a slap on the wrist can be a serious mistake.
Contact me today to schedule a free consultation. I am a seasoned criminal defense trial lawyer who focuses on helping good people deal with the full range of alcohol-related offenses defined by Chapter 49 of the Texas Penal Code:
- Public intoxication
- Possession of an alcoholic beverage in a motor vehicle (so-called open container charges)
- Driving while intoxicated (DWI, the typical drunk driving charge)
- Flying while intoxicated
- Boating while intoxicated
- Operating or assembling an amusement ride while intoxicated
- Driving while intoxicated with a child passenger (a felony)
- Intoxication assault (DWI resulting in serious bodily injury)
- Intoxication manslaughter (DWI resulting in death)
A Note on Public Intoxication
Never plead guilty to public intoxication. It will come back to haunt you — especially if you later get another intoxication case such as DWI. But you may say, "I was drunk." That doesn't matter. To prove you guilty of public intoxication, the government must prove "beyond a reasonable doubt" that you were intoxicated to the degree that you were a danger to yourself or to another. What a burden to prove! Almost impossible. So, never plead to public intoxication.
Enhanced Offenses
Texas DWI law also provides additional penalties for enhanced offenses such as:
- Second, third and subsequent offense (felony DWI)
- DWI resulting in injury to a police officer, a firefighter or to emergency medical services (EMS) personnel
You will notice that in Texas there is an important difference in the law between DWI and DUI. For adults, it's called DWI, not a DUI charge (driving under the influence). A minor who is suspected of consuming alcohol in any amount and driving may receive a ticket for DUI under the Texas Alcoholic Beverage Commission (TABC) rules. They may also face charges such as minor in possession or consumption of alcohol.
If any driver under 21 is suspected of being impaired by alcohol, they will likely be charged with DWI by a minor.
If you were arrested for DWI or a loved one is facing drunk driving charges, the potential penalties may include jail time and hefty fines, even for a first offense. Call my office in Tyler, Texas, today at 903.596.9696 for the help you need from an attorney with the ethics and honest dedication you can trust. You can also contact me by e-mail now.
