You may be charged with DWI if they are intoxicated while operating a motor vehicle in a public place. “Intoxicated” is defined as not having the normal use of mental or physical faculties by reason of ingesting alcohol, a controlled substance, a drug, a dangerous drug or any other substance. However, it is also defined as having a blood alcohol concentration (BAC) of 0.08 or higher. Most DWI charges are based on BAC measurements measured by a breath test machine or by laboratory analysis of a blood drawn from a suspect.
A first time DWI offense is classified as a Class B misdemeanor, with a minimum term of confinement of 72 hours and a maximum of 6 months in jail. For a BAC of 0.15 percent or higher, the charge is upgraded to a Class A misdemeanor, which carries greater jail time—up to one year in jail. There are also substantial fines and court costs. In addition, any DWI charge can result in a separate civil action to suspend your driver’s license.
Due to the gravity of the potential penalties for DWI, it is advisable to retain an attorney who can present the strongest defense possible. Here are some possible strategies:
Depending on the strength of the evidence and your specific circumstances, a qualified Texas DWI defense attorney may seek a dismissal of the charges or negotiate a plea bargain with the prosecution. This could involve pleading guilty to a lesser charge in exchange for reduced penalties.
At the office of Tylden Shaeffer, Attorney at Law, P.C. in San Antonio, I provide skilled representation to people charged with DWI offenses throughout southern Texas. To schedule a free consultation, call {(210) 227-1500 or contact me online.