You don’t have to be hammered to be charged with DWI in Texas.
In fact, you can be charged with DWI with a blood alcohol content of less than 0.08%, the state’s legal limit.
This could happen if the driver has drugs in their system, but most Texas drivers don’t realize that they can be prosecuted and convicted for DWI with a BAC less than 0.08% if one of two other factors are met.
In this post, we’ll explain how Texas defines intoxication, the penalties for a conviction, the collateral consequences, and ways to avoid a DWI conviction, even after an arrest.
If you or a family member is facing a DWI charge, contact an experienced Dallas DWI lawyer with Varghese Summersett. We can help you.
Success Defending DWI charges in North Texas
DWI charges in Texas don’t require an allegation that a driver intended to get behind the wheel while intoxicated. For this reason, DWI charges are common.
The Varghese Summersett defense firm has defended people from all walks of life against DWI charges, including lawyers, pilots, doctors, nurses, firefighters, barbers, plumbers – and even elected officials.
You’ve come to the right place if you or a loved one was arrested for a DWI in or around Dallas.
Why should you listen to us?
Before we get into the details of a DWI offense, let’s first explain why you should trust us with your DWI defense. We are an authority on DWIs across North Texas, including Dallas, Tarrant, and surrounding counties.
Few law firms have tried more DWI cases in front of juries than us. Our team of attorneys has tried more than 300 DWI cases, including intoxication assault and intoxication manslaughter, in North Texas.
We will challenge the evidence and find any weaknesses to leverage for the best possible result.
When prosecutors learn Varghese Summersett is the defense team, they know we’re bringing an intimidating wealth of experience into the courtroom.
Take this result from March 2022, for example. Our client in Ta.rrant County was found not guilty despite a BAC of 0.359 (more than four times the legal limit).
Whether we take your case to trial, use a motion to suppress, or negotiate a lesser offense, we will keep you informed and updated on the progress throughout the process.
From our first complimentary consultation to the resolution of your case, you’ll be treated with respect and priority.
What is a DWI offense in Texas?
In Texas, a first-time DWI offense is a Class B misdemeanor, at the very least. If convicted, the offense is punishable by up to 180 days in jail.
The Texas Penal Code does not mention “driving” in its definition of a DWI.
The state instead requires prosecutors to show the following to prove a DWI:
On or about a particular date
The person accused
A motor vehicle
According to Texas law, intoxicated means:
The person lacked their “normal” mental faculties due to an intoxicant;
The person lacked their “normal” physical faculties due to an intoxicant; OR
The person had a blood alcohol concentration of .08 or more.
We put the word “normal” in quotes because it’s not a defined term and is one reason why a case without a breath or blood specimen could be open for attack.
Take note: The first two definitions of intoxication are subjective, and a driver can be charged with being intoxicated on any substance, including illicit drugs or prescription drugs, a combination of drugs and alcohol, or solely alcohol.
Our firm has defended each of these types of DWIs in North Texas.
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