To the residents of Texas, it is no laughing matter that they are considered to be one of the nationwide leaders in traffic related deaths involving alcohol. A report from the Department of Public Safety showed that 98,349 drunk driving arrests were made in Texas in just one year with 11% of them being under the legal drinking age of 21. A state wide initiative to increase awareness has been under way for years to try and curb these unfortunately high statistics. All residents of Texas should be aware of the basic laws pertaining to and punishments resulting from Driving While Intoxicated (DWI) if they intend to drive even after one alcoholic beverage.
The Blood Alcohol Concentration (BAC) in Texas is anything at or above .08 BAC for anyone of legal drinking age. Texas specifically enforces a Zero Tolerance law that has deemed it illegal for anyone under the age of 21 to have a BAC with any detectable traces of alcohol. Refusal to cooperate in a Breathalyzer test to determine your BAC automatically subjects you to a 180 day suspension of your driver's license.
If you fail to prove your sobriety and are convicted of DWI, the severity of the situation at hand and your past convictions will be used in determining your punishment. For your first offense you may be subject to a fine of up to $2,000, serve jail time between 3 and 180 days, and lose your license for 90 days to 1 year. For your second offense you may be subject to a fine of up to $4,000, serve jail time between 30 days and 1 year, and lose your license for 180 days to 2 years. And for your third offense you may be subject to a fine of up to $10,000, serve jail time between 2 and 10 years in a penitentiary, and lose your license for 180 days to 2 years.
The punishments are much more severe if you are under the age of 21. If pulled over for drinking and driving, you automatically lose your license for 60 days, may be fined up to $500, are required to perform between 20 and 40 hours of community service, and are enrolled in a mandatory alcohol awareness series of classes. The penalties increase even further if your BAC is .08 or higher, with a maximum fine of $2,000, between 3 and 180 days jail time, and a suspension of your driver's license for3 months to 1 year.
Texas is serious about erasing their name from the nationwide leader board for traffic related deaths. Driving while intoxicated is a very serious matter and the only way to prevent it is to make sure that all drivers are educated about the facts, regardless of their age.
Driving While Intoxicated Lawyer
A little known fact in Texas is that ingesting valid prescription medications can result in an arrest for driving while intoxicated even though no alcohol is present in your system. It seems counterintuitive when thinking about driving while intoxicated, which is typically associated with drinking alcohol, due to the constant barrage of television commercials and roadway signs about drinking and driving.
"Intoxication" is defined under the laws of Texas as any of the three following ways: (1) loss of your normal mental faculties; (2) loss of your normal physical faculties; or (3) having a blood alcohol level of 0.08. The latter method would not apply to a case involving prescription medication or illegal substances. Thus, the first two definitions show the stark reality of being charged with driving while intoxicated due to prescription medication by losing either the normal use of your mental faculties or physical faculties or both.
Importantly, there is no distinction whatsoever under Texas law regarding the actual substance that causes intoxication. The substance used can be an illegal drug such as cocaine or methamphetamine, but it also can be a completely legitimate prescription received from a licensed physician. Further, prosecutors are no longer required to prove what the alleged intoxicant was; it simply does not have to be identified at all. This extremely low threshold leads to arrests of individuals whom had no idea that following their doctors? advice would end up with them being arrested and require an experienced criminal lawyer to defend your case in court. Criminal attorney in Houston can help you to solve your law related problems.
Please consult with an attorney immediately if you have been arrested for Driving While Intoxicated. Author and criminal defense attorney, Gary S. Miller, has the knowledge and experience to fight the charges against you. Mr. Miller has tried over twenty-five jury trials and resolved thousands of cases. For more information or to schedule and appointment with Gary S. Miller, please call 713.866.6233or email millerlaw@millerdefense.com
Both Robert D. Thomson & Gary Miller are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Robert D. Thomson has sinced written about articles on various topics from Dog Care, Real Estate and Dental Practice. Prepared by the Grant M. Scheiner Law Firm at Houston DWI Lawyer. You can find more DWI information at. Robert D. Thomson's top article generates over 2240000 views. Bookmark Robert D. Thomson to your Favourites.
Gary Miller has sinced written about articles on various topics from DWI lawyers, Finances. Gary S. Miller is a former Chief Prosecutor in Harris County, which gives him a distinct advantage by knowing the prosecutors and judges in Harris County and how the criminal system works in Houston, Texas and throughout all courts in Texas. Mr. Miller h. Gary Miller's top article generates over 2400 views. Bookmark Gary Miller to your Favourites.
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