A Texas driving while intoxicated or driving under the influence arrest carries serious consequences, so it’s critical to have expert legal representation. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline an aggressive defense strategy designed to reduce or even eliminate the repercussions of a Texas drunk driving arrest.

A Texas drunk driving arrest actually triggers two cases – a criminal case and an administrative proceeding. It’s important to note that an accused driver has only 15 days from the date of arrest to request an administrative license revocation hearing, or his or her license will automatically be suspended on the 41st day after arrest.

A Texas DUI / DWI arrest can be charged as either a misdemeanor or a felony, depending upon the circumstances of the case, and the driver’s prior record.

A first-offense driving while intoxicated arrest will be charged as a Class B misdemeanor. The applicable Texas Penal Code section provides that "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place."

Every driver accused of DUI / DWI in Texas is entitled to a jury trial. In order to convict the driver, the prosecutor must convince all jurors that the defendant is guilty of drunk driving beyond a reasonable doubt. To do so, a prosecutor must prove that the defendant was:

• Operating a motor vehicle

• In a public place (street, highway, beach, parking lot, etc)

• In a particular county

• While under the influence of alcohol and/or drugs

The Texas legislature has specifically defined the term "intoxication" in regards to DWI prosecutions. There are two definitions:

• 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

• Having a blood alcohol content (BAC) of .08 percent or greater.

Texas has a 10-year “washout” period for drunk driving offenses, meaning that a motorist arrested for drunk driving more than 10 years after a prior conviction will be charged with a first-time drinking and driving offense. If the driver has a prior conviction within 10 years of a current offense, he or she will be treated as a multiple offender.

A driver under the influence of any intoxicating substance – legal or illegal – can be convicted of DUI / DWI. It doesn’t matter if the ingested substance was a prescribed drug; any substance, legal or illegal, that deprives a driver of the normal use of mental or physical faculties can lead to a conviction for driving under the influence in Texas.

The punishment for a Texas drunk driving conviction can be harsh. A first-offense DWI conviction is punishable by 72 hours to six months in jail, a fine of up to $2,000, and 24 to 100 hours of community service. The driver also will be required to undergo an alcohol evaluation and education program and be placed on probation.

A driver arrested on a second-offense DUI faces a longer jail sentence and larger fine, as well as the requirement of an ignition interlock device as a condition of bail. The driver also faces alcohol evaluation and education and community service.

Third-time and subsequent offenses within 10 years are charged as felonies in Texas. The driver faces a 10-year prison sentence and will be treated as a convicted felon upon release, meaning he or she will lose the right to vote and own firearms.

A Texas DUI / DWI arrest is no joke, and requires the services of an expert defense lawyer. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a proven defense strategy designed to protect the driver’s rights and minimize negative consequences.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.