Are you grappling with a DWI charge in Texas? You're not alone. At Cofer & Connelly,
PLLC, our seasoned attorneys are prepared to fight for you. With more than 100 years
of combined experience, our legal team has tried over 370 jury trials and handled
over 25,000 cases in criminal and family law. Our unique backgrounds, including
serving
as prosecutors, judges, and appointments from Presidents, Governors, and
Mayors,
have provided us with an unmatched understanding of the system and a proven
track
record of delivering results. When facing DWI charges, you need experienced
attorneys
who will fight relentlessly for your rights. Call us today at 512-991-0576
or contact us online
for a confidential consultation. We are ready to guide you through this challenging time.
If you're a Texas resident, you should be aware of the state's DWI (Driving While
Intoxicated) laws. The legal jargon can be a little daunting, which is why we're
here to break it down for you in easy-to-understand terms.
What's Considered A DWI In Texas?
According to
Section 49.04 of the Texas Penal Code, you could be charged with a DWI if you are found to be operating a motor vehicle
in a public place while intoxicated. In simpler terms, if you're drunk and you're
driving, you're in violation of this law.
The Consequences: DWI As A Class B Misdemeanor
If you're charged with a DWI in Texas, it's typically considered a Class B misdemeanor.
What does that mean for you? Well, it means you could spend a minimum of 72 hours
in jail. The offense is punishable by up to a $2,000 fine, up to 180 days in jail, or both.
Beware Of Open Containers
The law gets a little stricter if you're found with an open container of alcohol
in your vehicle while you're driving. If this is the case, the offense remains a
Class B misdemeanor, but the minimum jail time doubles to six days.
High Alcohol Levels: Elevated Penalties
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.
Understanding Texas Enhanced DWI Laws In Georgetown
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.
DWI Involving Public Servants: The Stakes Are Raised
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.
DWI Involving Serious Bodily Injury: A Deeper Look
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.
Final Convictions And Repeat Offenses
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.
Ensuring Safety Post-Conviction
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.
Defenses To A DWI Charge In Georgetown
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:
Lack Of Intoxication
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.
Invalid Stop Or Arrest
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.
Challenging Bac Results
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.
Rising BAC Defense
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.
Medical Conditions Or External Factors
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.
Lack Of Previous Convictions
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.
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 100 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.
"I am eternally grateful for all of the efforts they put in to go above and beyond for everyone they help."
Former Client
"They really listen to and care about their client's needs and consistently fight for the best outcome! I am eternally grateful for all of the effort they put in to go above and beyond for everyone they help."