DWI / DUI in Texas
Driving While Intoxicated (DWI) is considered a criminal offense in Texas when a person operates a motor vehicle in a public place while intoxicated. The DWI Texas law does not simply mean "driving while drunk." And a person need not be drunk to be "intoxicated" under Texas law, but a person who is drunk must be considered legally intoxicated. Texas law defines "intoxicated" as 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 controlled substance into the body; or having a blood alcohol concentration of 0.08 or more. DWI and Driving Under the Influence (DUI) are based upon alcohol, drugs, prescription (or non-prescription) medications, inhalants, or any combination of these impairing, controlled substances.
If you refused to be tested, please be aware that every State in America, including Texas, has criminal penalties relating to the refusal to submit to a blood, breath, urine, or other forensic examination. It would be unwise to delay in contacting legal counsel to assure that you protect your legal rights. In Texas, license suspension and/or revocation appeals must be started within a few days of arrest.
If you take the police officers' requested test, you may be facing license suspension and/or revocation if your breath, blood, or urine test result exceeds the prohibited blood alcohol level of 0.08 or more under Texas law. Any criminal appeal must be filed in a timely manner. A conviction for DWI or DUI tends to remain on your driving and criminal records for life and may possibly block certain job and travel opportunities in the future.
To assure that your rights and your license are protected to the fullest extent of the law, you will need the experience of a criminal law attorney who has been previously involved in such cases. Our firm has served the Dallas area for over 40 years, and attorney Jerry W. Melton is Board Certified in Criminal Law by the Texas Board of Legal Specialization. We have the resources to answer all of your questions concerning DUI or DWI and the qualifications to present a strong case for you. Please fill out our form online or call 972-980-8000 today and schedule your free consultation.