A person accused of DWI in Texas only has fifteen (15) days to appeal an automatic administrative suspension of their license. Accordingly, a defendant in an alcohol-related criminal offense filed in any Texas state court should immediately contact experienced counsel after arrest to take action to save the accused license from suspension during the pendency of the appeal and the criminal prosecution. The majority of intoxication offenses are filed as Class B Misdemeanors, but they should not be taken lightly. Any alcohol related conviction can have a far-reaching and devastating impact on a defendant’s life. An alcohol-related conviction can severely limit a person’s ability to legally operate a motor vehicle. A conviction can dramatically increase the cost of maintaining automobile insurance. It can completely foreclose the opportunity to obtain a commercial driver’s license. An intoxication offense conviction can make it difficult or impossible to obtain or maintain certain types of professional licenses and certifications
Attorney Charles Adams handles DWI cases throughout Southeast Texas including Brazoria, Galveston, Harris, Jefferson and Hardin counties, among others. There are a variety of crimes that fall within the umbrella of intoxication offenses in Texas. The most common is Driving While Intoxicated, a Class B Misdemeanor, is defined in the Texas Penal Code Sec. 49.04 as “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place”. The elements of this offense are that the defendant, on or about a particular date was operating a motor vehicle in a public place (street, highway, beach, parking lot, etc.) in a particular county while intoxicated. The State of Texas has defined the term “intoxication” and the State may prove intoxication in three different ways(1) not having the normal use of physical faculties; (2) not having the normal use of mental faculties; or (3) having an alcohol concentration of 0.08 or more. It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. Having valid prescription for a substance is not a defense to DWI. Additionally, DWI charges can be enhanced if the accused has a previous conviction or convictions or had a child passenger when allegedly operating the vehicle while impaired.
More serious intoxication offenses are Intoxication Assault and Intoxication Manslaughter. Intoxication Assault is a Third Degree felony. Texas Penal Code Sec. 49.07 states “A person commits an offense if the person, by accident or mistake, while operating a. . .motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another.” Intoxication Manslaughter is a Second Degree Felony. The Texas Penal Code states, “A person commits an offense if the person operates a motor vehicle in a public place, and. . .is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.” A person accused of Intoxication Assault faces up to 10 years in prison and someone accused of Intoxication Manslaughter faces up to twenty years confinement.
If you have been arrested for a DWI offense in Texas, you should immediately seek aggressive, honest representation. Contact Attorney Charles Adams for a FREE INITIAL CONSULTATION to make sure that your rights are protected.
