Driving While Intoxicated Offenses in Texas
Even a first offense driving while intoxicated (DWI) can carry significant penalties, including jail time in certain cases. For this reason, it is crucial to seek representation of an experienced criminal defense lawyer. At Adam L. Seidel, P.C., our attorney has more than 30 years of legal experience. Our guidance is candid, and we will tailor a criminal defense strategy based on your needs and goals.
Increased Penalties If Blood Alcohol Content Is .15 Or More
The Legislature created an “Extreme DWI Offense” for cases involving a test result of .15 or more. A first offense DWI is generally a Class B misdemeanor, punishable by up to six months in jail. Now, the penalty has been increased if at the time of an analysis, the person’s blood, breath or urine showed an alcohol level of .15 or more.
Another change in the law alters the information law enforcement must give a suspect before requesting that the person submit to the taking of a specimen. In cases where a warrant is obtained in order to get a blood specimen from the suspect for testing, the officer has to inform the suspect of all the consequences of refusing a breath or blood test, including that a warrant can be obtained if the suspect refuses. Specifically, the officer must inform the person that “if the person refuses to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from the person.”
When A Drug Charge Is Added
These cases can also involve drug charges if a search related to impaired driving uncovers drug paraphernalia or possession of a controlled substance. In these cases, an important part of the analysis is reviewing the alleged basis for the stop and whether it was lawful.