DWI vs DUI in Texas
A DUI in Texas, is specifically for people driving, under the influence, less than 21 years of age. This age group however can also be accused of DWI as well. A DUI is “any detectable amount of alcohol” in a person’s system. DWI (Drinking While Intoxicated) – A person can be charged with DWI when he is found to have a BAC (blood alcohol concentration) of 0.08 or more while driving and/or having “lost normal physical and/or mental faculties”. The difference between DWI and DUI is also the severity of the punishment. In both cases, an offender could have a license suspended. Conviction for DWI, even a first offense, can result in:
- Large Fines
- Court Costs
- Court-Ordered Alcohol Treatment
- Mandatory AA Attendance
- Jail Time
DWI is driving while in intoxicated in Texas. The police give a lot of them. Simply being accused does not mean a person is guilty. The most immediate concern is your drivers license. Whether you take a breath or blood test or refuse, there are consequences with your drivers license. You have 15 days to try and save it from being suspended. Do not let paralysis by fear prevent you from calling me or filling in the contact form and getting more information. I am very experienced in defending DWI and DUI cases in Texas.
A DWI charge can result from being stopped by the police and performing poorly on field sobriety tests and/or registering at least .08 on breath and/or blood.
Once you are have been found guilty with DWI, this will forever remain on your record – and this could possibly be a hindrance to your employment in the future. The consequences become really serious; therefore, the case should never be handled lightly. This is why an experienced DWI Attorney in Austin is crucial.
Field Sobriety Tests
I am skilled in examining how the HGN (eye test), WAT(9step walk and turn), 1LStand(one leg stand) are administered. These are the Standard Field Sobriety Tests. There is a right way to administer them and all else is the wrong way.
I am able to determine problems with the administration of this test and will examine the evidence to do so.
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 misdemeanor, 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 misdemeanor.