What Exactly is a DWI ?

It is important to know exactly what a DWI consists of as a matter of law. The text of the DWI statute in Texas is posted to clarify the consequences if you were to be charged with the criminal statute in Texas:

Sec. 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 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 misdemeanour, 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 misdemeanour.

The difference between a Class B and Class A misdemeanour is $2,000.00 in potential fines and up to 180 days more of jail time. A Class A misdemeanour is the highest criminal misdemeanour you can receive. After a Class A misdemeanour there are only Felonies. A Class A or B Misdemeanour can work against you for highly sought after jobs that require a criminal background check. In the competitive job market a high-level misdemeanour is certainly not helping you stand out as candidate.

It is important to remember that if you are intoxicated but your BAC is not at or above 0.15 then the offense is a Class B rather than a Class A misdemeanour. Additionally, if you are driving intoxicated with a child under the age of 15, this could lead to a State Jail Felony.

If you have been arrested for a DWI and Need Help, don’t hesitate to call the Nacol Law Firm for a consultation.

Julian Nacol
Dallas Criminal Defense Attorney
Nacol Law Firm P.C.
(972) 690-3333

Read more on criminal defense representation of  felony crimes on attorney Julian Nacol’s website www.DallasFelonyAttorney.com