Facing charges under Texas Penal Code 49.04—Driving While Intoxicated (DWI)—can significantly disrupt your life and wellbeing. A DWI charge raises immediate and pressing questions about the legal repercussions, the severity of potential penalties, and the nature of your specific charges. Because a DWI involves driving, the charge can very quickly spill over into many other aspects of your life.
Understanding the statute’s specifics, the conditions under which a DWI gets enhanced or a DWI becomes a felony, and the penalty range is critical for effectively navigating this complex legal landscape in Texas. Also, knowing how to avoid your driver’s license being suspended under the applicable statutes is extremely important as well.
At Austin Hagee Law Firm, we’ve built our reputation by guiding good people through hard times, with the goal of restoring families. Our lawyers knows Texas DWI law inside and out. Better yet, we don’t just defend cases—we fight aggressively to protect your rights, freedom, and future. Our extensive experience and meticulous preparation make our attorneys uniquely equipped to safeguard your rights and mitigate the impact of these charges.
Reach out today for a free consultation, and let us explain how one of our lawyers can help.
What Is Texas Penal Code 49.04?
Texas Penal Code 49.04 is the criminal statute that defines driving while intoxicated in Texas, which in most cases is a Class B misdemeanor punishable by a minimum of 72 hours in jail, if you are not offered probation. Per the statute, driving while intoxicated means operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher—or if you have lost control of your mental or physical faculties by the use of alcohol or drugs, regardless of your BAC.
Texas Penal Code Chapter 49 also sets the threshold for even longer sentences or harsher charges. For example:
- What is DWI with an Open Container?
- DWI with an Open Container is found in Texas Penal Code 49.04 (c): Persons caught operating a motor vehicle with an open alcohol container in their immediate possession face a minimum jail term of six days.
- What is DWI with a blood alcohol concentration (BAC) of .15% or higher?
- DWI with a BAC of .15 or Higher is found in Texas Penal Code 49.04 (d): If an analysis of the person’s blood, breath, or urine shows an alcohol concentration level of 0.15% or more at the time of analysis, the offense is a Class A misdemeanor. This is a more serious charge than a Class B misdemeanor.
Exceptions under adjacent statutes also include:
- Commercial drivers. People with a commercial driver’s license who are driving for work at the time of the stop face stricter standards. Their allowable BAC limit is ONLY 0.04% or less.
- Underage drivers. Drivers under 21 can face charges with any detectable amount of alcohol under Texas’s zero-tolerance law for minors.
A DWI conviction can have serious, lifelong repercussions, which is why knowledgeable legal representation is crucial to properly navigate this type of charge.
Is DWI a Felony in Texas?
You may wonder: Is DWI a felony? Your first DWI or second DWI offense in Texas is almost always considered a misdemeanor. However, certain situations elevate charges from misdemeanor to felony. These include the following:
- What is DWI Third or More?
- DWI Third or More is found in Texas Penal Code 49.09 (b)(2): A third DWI in Texas, so long as there are two prior convictions, is automatically charged as a third degree felony;
- What is DWI with a Child Passenger?
- DWI with a Child Passenger is found in Texas Penal Code 49.045: Driving drunk with a passenger under the age of 15 is a state jail felony in Texas; and
- What is Intoxication Assault?
- Intoxication Assault is found in Texas Penal Code 49.07: This charge is also known as DWI causing serious bodily injury and is charged as intoxication assault, which is a third degree felony.
- What is Intoxication Manslaughter?
- Intoxication Manslaughter is found in Texas Penal Code 49.08: This charge is also known as DWI causing death and is charged as intoxication manslaughter, which is charged as a second degree felony.
Felony DWI charges require a strategic defense with a lawyer that has handled serious felony DWI accusations before. Because of the substantial punishment ranges for felony DWI accusations, it is advisable to hire a lawyer that has handled these types of cases before. There are serious strategic and scientific angles that need to be investigated, and potentially challenged, to bring your best legal defense. Austin Hagee Law Firm has the proven experience to navigate these challenging cases successfully.
What Are the Penalties for DWI in Texas?
Texas doesn’t treat DWI cases lightly, even as a misdemeanor. However, the penalties for DWI in Texas depend significantly on prior convictions and the specific circumstances of your arrest.
- What are the penalties for a first DWI in Texas?
- A first time DWI offense carries punishment of up to $2,000 in fines, between 3 and 180 days in jail, a driver’s license suspension of up to 1 year, and mandatory participation in alcohol education programs.
- What are the penalties for a second DWI in Texas?
- A second DWI in Texas includes punishment of up to $4,000 in fines, 1 month to 1 year in jail, a driver’s license suspension of up to 2 years, and a mandatory ignition interlock device (including while on bond).
- What are the penalties for a Third DWI or More in Texas?
- A third DWI or More in Texas carries punishment of up to $10,000 in fines, 2 to 10 years in state prison, a 2-year license suspension, and a required ignition interlock device (including while on bond).
Beyond the stiff legal penalties, DWI convictions can severely impact professional licenses, employment options, and even your family life. The stakes are high, and navigating these charges requires skillful representation.
How Does Austin Hagee Law Firm Defend Against DWI Charges?
Every DWI case has unique nuances, demanding personalized defense strategies. Austin Hagee, a former Bexar County Felony Assistant District Attorney, a National Top 40 Under 40 Trial Lawyer, and a Texas Rising Star SuperLawyer brings crucial insights from both sides of the aisle. His team includes seasoned attorneys, whose experience spans prosecution and defense, ensuring a balanced and powerful defense strategy. Every case is handled by carefully as our team of attorneys work the case together in a team-based legal defense. Our team has secured dismissals, acquittals, and reductions in many cases, and we would be honored to help your family fight towards that goal.
Our approach includes:
- Thoroughly analyzing police procedures during stops and arrests;
- Challenging reliability of breathalyzers, blood tests, field sobriety tests, and the application of the applicable science in this testing;
- Negotiating aggressively to reduce or dismiss charges prior to trial; and
- Vigorously representing our clients at trial, leveraging our extensive courtroom experience. Since inception, our firm has created a standard of excellence in being a trial firm. Our firm has won felony and misdemeanor trials for our clients since our inception. Just look at our reviews and results. While victory is never guaranteed, our attorneys never shy away from taking a case to trial when it is in our client’s best interests.
Our meticulous preparation and aggressive defense have led to numerous case dismissals, making us one of San Antonio and Texas’ trusted criminal defense firms for people facing DWI charges.
FAQs
Can a DWI Conviction Be Expunged?
Expungement is limited to specific types of dismissals, but non-disclosure orders may seal records from public view after meeting specific criteria. You can discuss this possibility of an expungement during a free consultation with one of our experienced attorneys.
Do I Have to Install an Ignition Interlock Device After a DWI?
Installation is mandatory after multiple DWI convictions or under certain circumstances defined by Texas law. If you were ordered to get a ignition interlock, and believe it may not be legally required, we would be happy to analyze your situation and see what laws apply to you.
What Happens If I Refuse a Breathalyzer Test?
Texas law allows immediate license suspension upon refusal. While a refusal may prevent the collection of critical evidence against you, prosecutors can also use your refusal in court as evidence that you knew you were too intoxicated to drive.
However, you can delay or completely avoid a driver’s license suspension by requesting an administrative license hearing (ALR) in Texas. Your attorney can help you with this process. The goal of your attorney in an ALR is to show that you should have never been arrested for DWI or that your DWI arrest was based upon improper or an illegal police investigation.
Your Next Step: Contact Austin Hagee Law Firm and Secure Expert Defense Today
Facing DWI charges can be overwhelming, but it’s crucial to remember that you have rights and options. At Austin Hagee Law Firm, we represent good people through hard times with the goal of restoring families.
Austin Hagee was selected by Forbes as one San Antonio’s Best Criminal Defense Attorneys, recognized as a National Top 100 Trial Lawyer, recognized by Lawyers of Distinction, and selected as a Best Criminal Defense Attorney and DUI Attorney by Expertise.com. Our firm has earned over 185 five-star Google reviews through dedication, diligence, and genuine care.
Do not leave your future to chance. Our team stands ready to help you 24 hours a day. Moreover, we offer free consultations and tailored financing options through LawPay, offering peace of mind during uncertain times. When your future hangs in the balance, trust a team known for results.
Contact Austin Hagee Law Firm today—because good people deserve a great defense.
You can also call us at 726-223-6041.
Resources
Texas Possession of Alcoholic Beverage in Motor Vehicle. Link.
Texas Driving While Intoxicated with Child Passenger. Link.
Texas Impaired Driving and DUI/DWI Penalties. Link.
Texas DUI/DWI Enhanced Offenses and Penalties. Link.
What is an ALR Hearing in Texas? Link.
Loading...