I represent clients in all drunk driving offenses, including:
If you have been arrested for DWI/DUI in Texas, there are several things that you need to know about the consequences:
- A Deferred Adjudication is not available for individuals charged with DWI.
- A Petition for Non-Disclosure is available in very limited number of cases.
- A DWI conviction cannot be expunged.
- There is no early release from DWI probation.
- An individual's driver's license can be suspended for at least 90 days and in some cases, up to two years.
- In Harris County, there is a pretrial diversion program commonly referred to as DIVERT, which is available only if you pass the very restrictive screening process, then after a year of probation your case is dismissed and you have no conviction for DWI, and your driver's license will not be suspended because there was no conviction, and you can eventually expunge the case from your record.
To be convicted of DWI in Texas, the state must prove that you were operating a motor vehicle in a public place, and that at the time of operation you had an alcohol concentration of .08 or more; or that you did Not possess the normal use of your mental or physical faculties because of alcohol or drugs.
Texas Penal Code Section 49.04. 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 Subsection (c) andSection 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 is shown on the trial of an offense under this section that an analyis 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.
Texas Penal Code Section 49.01. DEFINITIONS. In this chapter: (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 .08 or more.