Most people think that drunk driving and driving under the influence of drugs are two different crimes. The truth is, DWI includes driving under the influence of alcohol, over-the-counter drugs, prescription drugs, and illegal drugs. If you have been arrested in Houston for drunk driving while under the influence of drugs or drugs and alcohol, you will be charged with Driving While Intoxicated.

Defending Minors Charged With DWI or DUI

If you are a minor and have been arrested in Houston, Texas, for DUI or Driving Under the Influence, the state must prove you are a minor who was operating a motor vehicle in a public place while having any detectable amount of alcohol in your system. If the police believe that you are above a .08 BAC, or you have lost the normal use of your mental or physical faculties, you will be arrested for the more serious crime of DWI.

Texas Penal Code Section 49.01. DEFINITIONS. In this chapter: (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.

Texas Alcohol and Beverage Code Section 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR.(a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.

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