Misdemeanor to Felony: DWI to Intoxication Manslaughter in TX

Intoxication Crimes Lawyer in Dallas

Thousands of people are charged each year in Dallas County with an “intoxication crime.” An intoxication crime refers to an offense that stems from being under the influence of alcohol, drugs, or both. They range from a Class C public intoxication ticket all the way up to second-degree intoxication manslaughter, which is the most severe intoxication crime in Texas. In this article, our Dallas criminal defense lawyer explains intoxication charges in Texas.

Intoxication charges can carry lasting implications. Depending on the offense, they can jeopardize your freedom and your future. At a minimum, they could affect your ability to drive to work or school. That’s why it’s incredibly important to retain an experienced Dallas intoxication crimes lawyer immediately if you have been arrested for an intoxicated-related offense. The sooner you get in front of the case, the better off you will be. These cases can be complex and strict deadlines often must be adhered to, especially if your driving privileges are in jeopardy or if you are seeking admission into a DWI education or diversion program.

In this article, we will cover Texas’ intoxication crimes and punishments and how our team defends intoxication charges. Don’t miss the informational videos by Benson Varghese, a Board-Certified Criminal Law Specialist and skilled Dallas intoxication crimes lawyer.

Nine Texas Intoxication Offenses

Chapter 49 of the Texas Penal Code lists nine intoxication and alcoholic beverage charges. Most of the offenses, such as Public Intoxication and DWI, are very common and chances are you probably know someone who has been arrested for one of these offenses. A few of the other charges are less common, such as BWI and FYI.

Public Intoxication

Offense: A person commits public intoxication if he or she is so intoxicated in public that they pose a danger to themselves or others.
Punishment: Class C Misdemeanor, punishable by up to a $500 fine.

Possession of Alcoholic Beverage in a Motor Vehicle (Open Container)

Offense: A person commits an open container violation if they possess an open container of alcohol in a vehicle on a public highway, regardless of whether the vehicle is being driven, stopped or parked.
Punishment: Possession of an alcoholic beverage in a vehicle is a Class C misdemeanor, punishable by up to a $500 fine.

Driving While Intoxicated

Offense: A person commits Driving While Intoxicated (DWI) if he or she is intoxicated while operating a motor vehicle in a public place. Under the law, a driver is considered intoxicated if he or she does not have normal use of their mental or physical faculties due to alcohol, drugs or a combination of both or if the driver has a blood alcohol concentration of at least .08.
Punishment: A first-time DWI conviction is a Class B misdemeanor punishable by up to six months in the county jail and a maximum $2000 fine. However, the punishment can go up if the driver’s BAC is over. 15 or if he or she has previous DWI convictions.

Driving While Intoxicated with a Child Passenger

Offense: A person commits DWI with a child passenger if he or she is intoxicated while operating a motor vehicle that is occupied by a passenger who is under age 15.
Punishment: DWI with a child passenger is a state jail felony punishable by six months to two years in a state jail facility and a maximum $10,000 fine.

Flying While Intoxicated

Offense: A person commits Flying While Intoxicated (FWI) if he or she operates an aircraft while intoxicated. The Federal Aviation Administration prohibits pilots from operating an aircraft within eight hours of having consumed alcohol and they must not have a blood alcohol content of .04 or greater.
Punishment: Class B Misdemeanor punishable by up to 180 days in jail and a maximum $2000 fine.

Boating While Intoxicated

Offense: A person commits Boating While Intoxicated (BWI) if he or she is intoxicated while operating a watercraft. Under the law, a driver is considered intoxicated if he or she does not have normal use of their mental or physical faculties due to alcohol, drugs or a combination of both or if the driver has a blood alcohol concentration of at least .08.
Punishment: Class B Misdemeanor punishable by up to 180 days in jail with a minimum requirement of 72 hours in jail. A maximum $2000 fine may be imposed.

Assembling or Operating an Amusement Park Ride While Intoxicated

Offense: A person commits this offense if he or she assembles or operates an amusement ride while intoxicated.
Punishment: Class B Misdemeanor punishable by up to 180 days in jail and a maximum $2000 fine.

Intoxication Assault

Offense: A person commits intoxication assault when he or she drives intoxicated and causes serious bodily injury to another person, usually as a result of a traffic wreck.
Punishment: Third-degree felony, punishable to 2 to 10 years in prison and a maximum $10,000 fine.

Intoxication Manslaughter

Offense: An intoxicated driver commits this offense when he or she causes the death of another person while operating a vehicle, aircraft, watercraft or amusement ride.

Punishment: Second-degree felony punishable to 2 to 20 years in prison and a maximum $10,000 fine.

DON’T MISS: 12 Ways to Beat a DWI

What are the Collateral Consequences of Intoxication Crimes?

Obviously, jail and fines are possible punishments for intoxication crimes, but the collateral consequences extend far beyond that. Drivers arrested for an intoxication offense may have their driver’s license suspended, be required to have an interlock on their vehicle, take regular drug and alcohol tests, and complete DWI or alcohol education classes. Not to mention, if the case results in a conviction it could include the loss of employment or professional licenses or become an obstacle in obtaining a loan or housing. That’s why it is so important to have an adept Dallas intoxication crimes lawyer in your corner every step of the way. Our team will work to secure the most favorable outcome possible and minimize the negative impact to your life and livelihood.

Talk to an Experienced Dallas Intoxication Crimes Lawyer Today

At Varghese Summersett, we have achieved outstanding results for clients charged with intoxication crimes, including intoxication assault and intoxication manslaughter. Our results come through experience, hard work, and perseverance. We will thoroughly investigate your case, as well as your criminal history, background, and any mitigating factors in your life. We will take this information and build the most comprehensive, aggressive defense strategy possible. Call 214-903-4000 today to speak to a Dallas intoxication crimes lawyer and find out why we are the best at what we do. We welcome tough cases.

You can also check out our Fort Worth DWI lawyers.

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