Sections 49.04, 49.09, Texas Penal Code, provide that the offense of driving while intoxicated is punishable as a Class B misdemeanor with a minimum term of confinement of 72 hours unless the driver had an open container of alcohol in his possession in which case the offense is a Class B misdemeanor with a minimum term of confinement of six days in jail. One prior conviction enhances the punishment to a Class A misdemeanor with a minimum term of confinement of 30 days; two prior convictions enhances the punishment to a 3rd degree felony.
Driving while intoxicated (includes intoxication from alcohol, drugs, or both)
- Minimum Punishment: Confinement in jail for a term of not more than 180 days nor less than 72 hours, and a fine of not more than $2,000
- Maximum Punishment: Imprisonment for a term of not more than 10 years nor less than 2 years, and a fine not to exceed $10,000
What does Intoxicated Mean?
(A) 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
(B) having an alcohol concentration of 0.08 or more.
An arrest for DWI can be a stressful and frightening experience. After an arrest for DWI, it is important to quickly contact an experienced criminal defense attorney so that all avenues of attack can be preserved. Contact C.W. Martin Law Office, PLLC at (469) 414-9999 to schedule a free initial consultation and case evaluation. Our Office will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.
What if the Blood Breath Specimen Indicates a concentration level of 0.15?
If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.