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TEXAS Drunk Driving / DWI
Defense Information
TEXAS DWI
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TEXAS TRIAL ATTORNEY
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A DWI DUI IS SERIOUS BUSINESS IN TEXAS
| Driving While Intoxicated - Drunk Driving - DWI | ||
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Areas Of Practice
Driving While Intoxicated A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. “Intoxicated" means 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 an alcohol concentration of 0.08 or more. Driving while Intoxicated with Child Passenger A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place, and a passenger who is younger than 15 years of age occupies the vehicle. An offense under this section is a state jail felony. Flying While Intoxicated A person commits an offense if the person is intoxicated while operating an aircraft. Boating While Intoxicated A person commits an offense if the person is intoxicated while operating a watercraft. Assembling or Operating an Amusement Ride While Intoxicated. A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. Intoxication Assault A person commits an offense if the person, by accident or mistake causes serious bodily injury to another while committing one of the above offenses. “Serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. An offense under this section is a felony of the third degree. Occupational Licenses A person’s drivers license may be revoked for many reasons, including DWI, refusal to take a breath test, or failing a breath. Suspensions range from 90 days for failing the breath test to 2 year for second or third DWI offense. You can usually obtain an occupational license, which will allow you to drive for essential household needs. These include driving to and from work, the grocery store, the doctor’s office and school.. Driving While License Invalid A person commits an offense if the person operates a motor vehicle on a highway after the person's driver's license has been canceled. Automatic License Revocation Hearings WARNING! YOU HAVE 15 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING TO SAVE YOUR LICENSE. Texas has an implied consent law. By obtaining a drivers license recipients have consented to providing a specimen of breath or blood if arrested for DWI . If the recipient refuses to provide a breath or blood specimen or provides a specimen with a score of .08 Blood Alcohol Content (BAC), then the recipients drivers license is subject to automatic suspension. The recipient may request a hearing to save their licenses. This request must be made within 15 calendar days of notice of such suspension. Probation Revocation For DWI A person’s probation can be revoked if the person’s probation officer believes: the person committed an offense that warrants revocation, the person violated terms of probation, the person did not complete education requirements, or the person failed to complete treatment or punishment assigned.
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