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Driving While Intoxicated Law in Texas

Driving While Intoxicated is defined under Texas Penal Code Section 49.04. In most cases, DWI is classified as a Class B Misdemeanor under Texas law. However, depending on the circumstances, a DWI case can be enhanced to a Class A Misdemeanor or even a felony. Even a first time arrest for DWI can result in jail time, steep fines, the suspension of your driver’s license and expensive annual surcharges. If you have been charged with DWI in Texas, the first thing you should do is contact a defense lawyer in your community. A defense lawyer for DWI can often times mean the difference between freedom and jail time.

Texas Penal Code, § 49.04. DRIVING WHILE INTOXICATED

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

Skilled Austin DWI Lawyer

If you have been arrested or charged with Driving While Intoxicated in Austin, Texas , you should contact Austin DWI Lawyer Kevin Bennett at (512) 476-4626 for a free legal consultation. You may also contact us through email.

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