/DWI in Motor Vehicle
DWI in Motor Vehicle2018-11-08T19:39:32+00:00

If you were stopped by a police officer in your car and arrested for DWI, then you face serious criminal consequences if you are convicted.

Under Section 49.04 of the Texas Penal Code the following is the law for the offense of DRIVING WHILE INTOXICATED:

(a)  A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b)  Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c)  If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

(d)  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.

Pursuant to Section 49.01 of the Texas Penal Code the following definitions are applicable to any DWI charge:

(1)  “Alcohol concentration” means the number of grams of alcohol per:

(A)  210 liters of breath;

(B)  100 milliliters of blood;  or

(C)  67 milliliters of urine.

(2)  “Intoxicated” means:

(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.

The State must prove the above beyond a reasonable doubt in order for you to be found guilty of Driving while intoxicated while driving your automobile.

There are many defenses to a DWI case, therefore, you need to contact an experienced Dallas DWI attorney to understand your rights under the law.  Murray L. Bristol is available to discuss your case, so please contact him for a free consultation at 214.880.9988.