Texas DWI Law - Kraft & Associates
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Texas DWI Law - Kraft & Associates

The Consequences of Drunk Driving



Driving while intoxicated (DWI), when a first offense, is a Class B Misdemeanor. The applicable Texas Penal Code section provides that "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place."

Jury trials are available to those accused of DWI or DUI in Texas. In order to gain a DWI conviction, the prosecutor must convince all jurors beyond a reasonable doubt that the defendant is guilty of drunk driving . To do so, a prosecutor must prove that the defendant was:

A. Operating a motor vehicle,
B. In a public place,
C. While intoxicated.

The Texas legislature has specifically defined the term "intoxication" as it relates to DWI cases. There are two definitions:

• 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

• Having an alcohol concentration of 0.08 or more. The law allows for intoxication by way of any intoxicating substance. It is no defense that the intoxicating substance was a prescribed drug; if any substance, legal or illegal, deprives a driver of the normal use of mental or physical faculties, the case may be prosecuted.

If you are found guilty of drunk driving, you may face the following:

• Fine: A fine not to exceed $2,000.00.

• Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than six (6) months.

• Open Container: If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.

• Community Service: Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Most people who are found guilty of a first offense of DWI are granted probation, usually for two years. In Texas, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction usually increased.

Kraft & Associates, P.C. maintains offices in Dallas, Texas. We serve all areas of North Texas, including Dallas County, Tarrant County, Denton County and the cities of Dallas, Fort Worth, Arlington, Irving, Grand Prairie, Garland, Mesquite, Richardson, Plano, Frisco, Carrollton, Farmers Branch, Lewisville, Hurst, Euless, Bedford, Grapevine, Coppell, Colleyville, Duncanville, DeSoto, Cedar Hill, Lancaster and Rockwall. We also accept cases throughout Texas, including Houston, Austin, San Antonio, Tyler, El Paso, Waco, Lubbock, Amarillo, Corpus Christi, Brownsville, Beaumont, Abilene, Wichita Falls, Laredo, Midland, Odessa, Texarkana or any other city in Texas.

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