Hoeller McLaughlin PLLC | Common DWI Charges in Tarrant County, Texas

Driving While Intoxicated (DWI) or sometimes commonly referred as “drunk driving” is a serious offense in Texas that can result in severe consequences for those charged. However, it is not just limited to DUI or DWI charges. There are several related crimes that one may be charged with if caught driving under the influence of alcohol or drugs. 

It is important to understand the definition of each charge and the criminal procedure involved in order to properly defend against them. This includes knowing your rights during an arrest, understanding how breathalyzer tests work, and being aware of any potential defenses available.

With the help of an experienced attorney who specializes in drunk driving cases, individuals charged with these crimes can navigate the legal system and work towards minimizing the impact on their lives. A skilled attorney can also help you explore alternative sentencing options such as community service or probation.

Common Charges Related to Driving While Intoxicated or Drunk Driving | Texas Penal Code 49.04 | DWI Defense

DWI or drunk driving charges in Texas are primarily governed by the Texas Penal Code, which sets out legal limits for blood alcohol concentration (BAC) and outlines penalties for violating these limits. Below are some of the most common charges related to DWI drunk driving in Texas:

  • Driving While Intoxicated (DWI) – Driving while intoxicated (DWI) is one of the most common DWI drunk driving charges in Texas. A first time DWI is typically a Class B Misdemeanor, where a driver can be charged with DWI if their BAC is 0.08 percent or higher, or if they are impaired (intoxicated) by drugs or alcohol to the point that they cannot safely operate a vehicle (they have “lost the normal use of the physical or mental faculties).  A driver can be charged with a higher degree of offense if their BAC is above a 0.15 (Class A Misdemeanor), has a child passenger in the vehicle (a State Jail Felony), causes serious bodily injury in an accident (Intoxication Assault), or causes death in an accident (Intoxication Manslaughter).  Any type of DWI conviction can come with a license suspension and/or a super fine from the Texas Department of Safety. 
  • Driving Under the Influence (DUI) – In Texas, drivers under the age of 21 with any detectable amount of alcohol in their system can be charged with driving under the influence (DUI). This zero-tolerance policy means that even a small amount of alcohol can result in serious consequences for underage drivers.  A DUI charge is a Class C Misdemeanor in Texas.  Drivers under the age of 21 can also be charged with a DWI if they are determined to be intoxicated. 
  • Boating While Intoxicated (BWI) – Operating a boat or a watercraft while impaired by drugs or alcohol is known as boating while intoxicated (BWI). It is also a Class B Misdemeanor. 

DWI with a Child Passenger | Texas Penal Code 49.05 | Consequences and Penalties

Driving while intoxicated (DWI) is a serious offense in Texas, but it becomes even more severe when a child passenger is involved. DWI with a child passenger can result in severe consequences and penalties that can have long-lasting effects on the offender’s life. Having a child passenger (a child under the age of 15) enhances a Class B misdemeanor to a felony level offense. 

A first-time DWI conviction with a child passenger is a State Jail Felony and carries a range of punishment of 6 months up to two years in the state jail, up to a $10,000 fine, and a license suspension. You cannot receive deferred probation, by law, in Texas, so it’s a felony conviction even if you receive probation.  The offender may also be required to attend alcohol education classes or perform community service. These penalties are significantly harsher than those for a first-time DWI conviction without a child passenger.

Repeating DWI offenses with a child passenger can result in even harsher penalties. Talk to your lawyer about avoiding these penalties or getting your charges reduced or dismissed.

DWI with a Misdemeanor Repeat Offender Notice | DWI with a Felony Repeat Offender Notice | Texas Penal Code 49.09 | Consequences and Penalties

While a first time Driving while intoxicated (DWI) is a Class B misdemeanor, if you have previously been convicted of a DWI in any state, than the State of Texas can try to enhance your charges.  A second DWI charge is a Class A Misdemeanor, which carries a range of punishment of 30 days to 1 year in jail and up to a $4,000 fine.  A third DWI charge is a 3rd Degree Felony, which carries a range of punishment of 2 to 10 years in prison, up to a $10,000 fine.  If you receive probation on a Felony DWI, it can be between 2 and 20 years of probation.  It’s important to note that you can not receive deferred probation on a felony DWI.  Tarrant County also has a program for repeat DWI offenders that can help mitigate the consequences and help individuals that need help with alcohol addiction. 

Intoxication Assault and Vehicular Manslaughter Charges in Texas | Texas Penal Code 49.07 and 49.08

Intoxication assault is charged when a person causes serious bodily injury to another person while operating a motor vehicle while intoxicated. This charge is typically classified as a third-degree felony in Texas, which carries a punishment range of two to ten years in prison and up to $10,000 in fines.

Intoxication manslaughter is charged when a person causes the death of another person while operating a motor vehicle while intoxicated. This charge is typically classified as a second-degree felony in Texas, which carries a punishment range of two to twenty years in prison and up to $10,000 in fines.

Law enforcement officers have the authority to arrest individuals suspected of intoxication offenses. If you are arrested for an intoxication offense in Texas, it’s crucial to seek legal representation immediately.

The penalties for an intoxication offense can be severe even if no one was injured. For example, if you are convicted of driving while intoxicated (DWI) for the first time with no aggravating factors such as having an open container or having a child passenger in the car, you could face up to 180 days in jail and a fine of up to $2,000.

If someone is injured or killed as a result of your intoxication, the penalties become much more severe. In addition to facing criminal charges, you could also be sued civilly for damages. This means that you could be held financially responsible for medical bills, lost wages, and other expenses related to the injury or death.

Seek Help for Charges Related to DWI and Drunk Driving

This post just covers some of the general charges and penalties regarding common DWI charges in Tarrant County.  Our firm handles all types of DWI related charges.  Understanding the charges you’re facing, even if they’re not a DWI, can help you overcome the severe penalties you’re facing. Not only can they result in fines and jail time, but they can also have long-lasting effects on your personal and professional life.

If you are facing any of these charges, it is crucial to hire an experienced DWI attorney at Hoeller McLaughlin PLLC who can help you navigate the legal system and fight for your rights. With their knowledge and expertise, they may be able to negotiate reduced charges or even get your case dismissed altogether. To learn more, reach out by calling 817-334-7900 or by completing the following online contact form.