Now, if your blood, breath, or urine test shows an alcohol concentration of 0.15 or higher, things get even more serious. Your DWI offense will be elevated to a Class A misdemeanor. The offense is punishable by up to a $4,000 fine, one year in jail, or both.
Texas Statutes Section 49.09breaks down enhanced offenses and consequences relating to DWI in Texas.
If you've been convicted for a DWI (Driving While Intoxicated) offense before, the consequences get tougher. A second conviction for a DWI related offense, whether it's for driving a car, flying a plane, or operating a watercraft or an amusement ride, turns your case into a Class A misdemeanor, warranting a minimum of 30 days in jail.
If you've been convicted for a DWI that resulted in manslaughter, or if you've had two other DWI convictions, your next DWI offense becomes a third-degree felony.
The law is even stricter if your DWI incident involves causing serious bodily harm to a public servant. If you injure a firefighter or emergency medical services personnel while they're on duty, it's considered a second-degree felony. If the injured person is a peace officer or judge, the offense gets bumped up to a first-degree felony.
In case you're wondering, a firefighter is either someone certified by the Texas Commission on Fire Protection or a volunteer who offers firefighting services for free and trains at least twice a month.
Serious bodily harm isn't taken lightly in Texas DWI law. If you cause someone to suffer a traumatic brain injury leading to a persistent vegetative state, your DWI offense is classified as a second-degree felony.
Any conviction for a DWI that happens after September 1, 1994, is a final conviction, regardless of whether you received a probated sentence or an actual sentence. A conviction may be used for enhancement (increasing the severity) of penalties under this law or under Subchapter D, Chapter 12, but not both.
If you're a repeat offender, with two or more DWI offenses committed within five years, the court will require you to install a breath analysis mechanism in your car. This device makes it difficult to operate the vehicle if alcohol is detected in the operator's breath. You'll be required to install this device at your own cost, and it must remain installed for at least one year. Failure to comply with this order is punishable by contempt.
There are several potential defenses that could be raised in response to a DWI charge in Texas. It's important to note that defenses can vary depending on the specific circumstances of each case. Here are some common defenses that could be explored:
The statute requires that a person be intoxicated while operating a motor vehicle in a public place to be charged with a DWI. If there is evidence to show that you were not intoxicated at the time of driving, such as a lack of impairment or a low blood alcohol concentration (BAC) level, it can be argued that you should not be convicted of a DWI.
Law enforcement officers must have reasonable suspicion or probable cause to initiate a traffic stop and subsequently arrest you for a DWI. If it can be proven that the stop or arrest was conducted without proper justification, it could lead to the exclusion of evidence obtained thereafter, which may weaken the prosecution's case.
If your BAC test results were obtained through faulty equipment, improper administration, or mishandling of samples, it may be possible to challenge the accuracy and reliability of the test. This can cast doubt on the evidence presented by the prosecution.
Alcohol absorption rates can vary, and it's possible for your BAC to rise after you have stopped driving. This defense argues that while your BAC may have been above the legal limit at the time of the test, it was below the limit while you were actually driving.
Certain medical conditions or external factors can result in symptoms that mimic intoxication. If you can demonstrate that your behavior or physical appearance was a result of a medical condition, fatigue, stress, or other external factors rather than intoxication, it can potentially cast doubt on the prosecution's case.
You should consult with a skilled DWI defense attorney, as they can evaluate the specific details of your charges and determine the most appropriate defense strategy based on the circumstances. They will have a better understanding of the available defenses and how they may apply to your situation.
If you're being charged with an enhanced offense due to a previous conviction, one possible defense is to challenge the validity of the prior conviction. This could involve demonstrating errors in the previous legal proceedings, proving that the conviction was based on incorrect or insufficient evidence, or arguing that the conviction should not be counted as a qualifying offense under the statute..jpg.2508210946527.webp)
Navigating The Pre-Trial Intervention Program (PTIP) For DWI Charges In Georgetown
Getting charged with a DWI in Williamson County, Texas can be a serious matter, but there's a program called the Pre-Trial Intervention Program (PTIP) that might offer an alternative path for certain offenders. Here’s what PTIP is all about and how it can potentially help you if you're facing a DWI charge in Williamson County.
What Is The Pre-Trial Intervention Program (PTIP)?
The Pre-Trial Intervention Program (known as “PTIP”) is a special program run by Texas Community Supervision Alternatives, LLC (TCSA) and Williamson County Attorney's Office. It is specifically designed to rehabilitate, educate, and divert criminal prosecution of offenders.
Voluntary Participation And The PTIP Agreement
Participation in the PTIP is voluntary, meaning you have the choice to opt for it or pursue other legal avenues. If you decide to enter the PTIP, you will enter into an agreement with Williamson County Attorney's Office. This agreement outlines the terms and conditions you must fulfill throughout the program
The Benefits Of Completing PTIP
If you successfully complete the PTIP, the Williamson County Attorney's Office can dismiss the charge that is pending against you. This means that the DWI charge will be dropped, and you won't have a conviction on your record. This can be a significant advantage, as a DWI conviction can have serious consequences for your future, including affecting your employment prospects and possibly leading to a driver's license suspension.
Potential Consequences For Violating The PTIP Agreement
It's important to understand that if you violate the PTIP Agreement, there are consequences. If you fail to meet the requirements or conditions set forth in the agreement, you will be sent back to court. At that point, you typically plead guilty to the offense and are sentenced.
In simple terms, if you don't fulfill your obligations under the PTIP, you'll be back to square one, facing the DWI charge again and potentially accepting a predetermined punishment. Therefore, it's crucial to take the PTIP seriously and comply with all the requirements to ensure a favorable outcome.
Considerations
The Pre-Trial Intervention Program (PTIP) can offer an opportunity for individuals facing DWI charges in Williamson County, Texas to avoid a conviction and its long-lasting consequences. However, it's important to remember that participation in PTIP is voluntary, and if you decide to join the program, you must adhere to the terms and conditions outlined in the PTIP Agreement.
Completing the PTIP successfully can result in the dismissal of the DWI charge, allowing you to avoid a conviction on your record. On the other hand, failure to comply with the PTIP requirements can lead to the reinstatement of the DWI charge and the acceptance of a predetermined punishment.
If you find yourself in this situation, it's highly recommended to consult with an experienced attorney who specializes in DWI cases and is familiar with the PTIP process. They can guide you through the legal steps, help you understand the implications, and provide you with the best possible advice based on your unique circumstances.
DWI/Drug Court: Helping You Recover And Stay Safe In Georgetown
If you find yourself facing a DWI charge in Williamson County, Texas, you may be interested to know about the Williamson County DWI/Drug Court. This program aims to enhance public safety by reducing repeat offenses through evidence-based practices and a dedicated team of professionals. Here’s an overview of the DWI/Drug Court program.
DWI/Drug Court Mission
The primary mission of the Williamson County DWI/Drug Court is to improve public safety by reducing the likelihood of repeat offenses. The court achieves this goal by adopting a consistent, evidence-based approach and utilizing a multi-disciplinary team. The ultimate purpose is to change and save lives, providing participants with an opportunity to succeed while ensuring community safety.
Intent And Purpose Of The DWI/Drug Court
The DWI/Drug Court is a program designed to rehabilitate individuals charged with repeat DWI and misdemeanor drug possession offenses. Instead of incarceration, participants go through a comprehensive twelve-month or longer program that combines local criminal justice resources, case management, and substance abuse treatment.
The program involves a collaborative effort among various professionals, including an assigned judge, a prosecutor from the County Attorney's Office, a defense attorney, representatives from the community supervision and corrections department, and treatment providers.
Eligibility And Focus Of The DWI/Drug Court
The DWI/Drug Court is primarily intended for repeat DWI and drug possession offenders who have already been adjudicated. Individuals who are under supervision but violate the terms of their supervision may also be eligible for admission into the program.
The program places significant emphasis on five key areas:
- Compliance with court-ordered conditions of community supervision.
- Maintaining verified abstinence or sobriety.
- Active participation in and successful completion of intensive outpatient treatment.
- Developing and maintaining daily living skills and behaviors that promote lifelong abstinence or sobriety, as well as productive service as a member of the community.
- Regularly scheduled court hearings to update the judge on individual progress, compliance, or non-compliance. The court may provide rewards or impose sanctions based on demonstrated behaviors.
Honesty And Compliance: The Key To Success
In the DWI/Drug Court, honesty and compliance among participants are highly valued and rewarded. If a participant honestly admits to a violation, the court's response will be reduced. Conversely, dishonesty will lead to increased consequences. If a participant is unsuccessful in completing the program, their case will be returned to court through a motion to revoke supervision or a motion to set aside deferred adjudication. By participating in the DWI/Drug Court program, individuals have the opportunity to turn their lives around, overcome substance dependency, and avoid incarceration.
Frequently Asked Questions About Georgetown DWI Laws
What Constitutes A DWI?
A DWI in Texas isn't just about cars. It includes any offense related to operating motor vehicles, aircrafts, watercrafts, or amusement rides while intoxicated. These definitions even include offenses that were recognized under laws that have been superseded.
What Does Texas Consider As "Intoxicated" While Driving?
In Texas, a driver is considered intoxicated if they don't have the normal use of mental or physical faculties due to the consumption of alcohol, drugs, or a combination of both. It can also be measured by a blood alcohol concentration (BAC) level of 0.08 or higher.
What Happens If I Am Charged With A DWI In Texas?
Being charged with a DWI in Texas typically results in a Class B misdemeanor, which carries a minimum jail sentence of 72 hours. The offense is punishable by up to a $2,000 fine, up to 180 days in jail, or both. However, this sentence can increase depending on circumstances like having an open container of alcohol in the car or having a BAC of 0.15 or higher.
How Does An "Open Container" Affect A DWI Charge In Texas?
If you're charged with a DWI and had an open container of alcohol in your immediate possession at the time of the offense, the minimum jail sentence increases from 72 hours to six days.
How Does A High BAC Level Affect A DWI Charge In Texas?
If an analysis of your blood, breath, or urine at the time of the offense shows a BAC level of 0.15 or higher, the charge is elevated from a Class B to a Class A misdemeanor. The offense is punishable by up to a $4,000 fine, one year in jail, or both.
What Should I Do If I'm Charged With A DWI In Texas?
If you're charged with a DWI in Texas, you should immediately seek legal counsel to understand your rights and the potential penalties you may face. Every situation is unique, and a qualified attorney can provide guidance based on the specifics of your case.
What Are The Penalties For Repeat DWI Offenders In Texas?
If you've been convicted of DWI-related offenses before, the penalties increase. A second DWI offense becomes a Class A misdemeanor with a minimum of 30 days in jail. If you have been convicted of certain severe offenses previously (like intoxication manslaughter) or have two prior DWI offenses, your new offense will be treated as a third-degree felony.
What Happens If I Injure A Firefighter Or A Medical Professional While Driving Drunk?
If you cause serious bodily injury to a firefighter or emergency medical services personnel while they are performing their duties, your crime is considered a second-degree felony. These penalties are heightened to reflect the seriousness of causing harm to these professionals.
Are The Penalties Different If I Injure A Police Officer Or A Judge While Driving Drunk?
Yes, the law specifically increases penalties for causing serious harm to peace officers or judges while they are performing their duties. If you're found guilty of this, your crime is treated as a first-degree felony.
What If My Actions Cause A Traumatic Brain Injury Leading To A Persistent Vegetative State?
If your intoxicated operation of a vehicle causes serious bodily injury to another person, specifically a traumatic brain injury resulting in a persistent vegetative state, your crime is considered a second-degree felony.
What Qualifies As A Previous Offense Related To Driving While Intoxicated?
The law includes a broad range of offenses in this category. It counts offenses related to operating a motor vehicle, an aircraft, a watercraft, or even an amusement ride while intoxicated. Also, similar offenses committed in other states can count as a previous offense.
Can An Old DWI Conviction Be Used Against Me If I'm Charged Again?
Yes, a prior DWI conviction, whether the sentence was imposed or probated, can be used for enhancement if you're later charged with another similar offense.
What Happens If I Commit A Second Or Subsequent DWI Offense Within Five Years?
The court may order the installation of a device in your vehicle that prevents its operation if alcohol is detected in your breath. You're responsible for the cost and installation of the device, and it must stay installed for a year.
What Happens If I Don't Comply With The Court's Order To Install The Alcohol Detection Device?
Failure to comply with the court's order is punishable by contempt, which could result in fines or even jail time. The court retains jurisdiction over you until the device is no longer required to remain installed.
Georgetown DWI Lawyer
A DWI charge in Texas can have serious implications, but you don't have to navigate this tough journey on your own. The attorneys at Cofer & Connelly, PLLC are seasoned professionals with more than 200 years of combined experience and a deep understanding of the justice system in Texas. We've been involved in over 370 jury trials and have tackled more than 25,000 criminal and family law cases. Our background as former prosecutors and judges, along with our prestigious appointments by Presidents, Governors, and Mayors, have positioned us to deliver exceptional results for our clients. We understand what you're going through and we're here to help.
Contact us today at (512) 991-0576 or reach out online for a confidential, no-obligation consultation. Let us help you fight your DWI charge and secure the best possible outcome.
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