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Understanding the Seven Different Types of DWI in Texas
Although DWI charges in the state of Texas are similar in many ways, there are some important differences that can mean the difference between a misdemeanor and a felony, as well as significant differences in penalties. Knowing exactly what penalties your charges could incur helps you make better decisions.
DWI charges involve a Blood Alcohol Concentration (BAC) of 0.08 percent or higher or the loss of the normal use of mental or physical faculties as a result of alcohol, drugs, or a combination of substances. Driving While Intoxicated (DWI) charges apply to adults with a BAC of 0.08 percent or higher or other clear signs of impairment. If you have been charged with DWI, the single best step you can take is to speak to a knowledgeable Weatherford, TX DUI attorney. The seven types of DWI in the state include:
First-time DWI
A person with no prior DWI convictions who is arrested and charged with a first-time DWI will face Class B misdemeanor charges unless there are aggravating factors. Texas Penal Code Section 49.01(2) details Texas DWI. Potential penalties include a maximum fine of $2,000, a license suspension between three months and one year, and up to 180 days in jail.
Can You Lose Your Job for a DWI in Texas?
One of your biggest worries after being charged with DWI – and rightfully so – could be whether your employer can fire you because of the charges or in the event you are convicted. Unfortunately, the loss of employment and difficulty obtaining employment are often byproducts of DWI convictions. You may wonder whether your Texas employer can legally terminate your employment for a DWI conviction.
The answer depends on a number of things. If your job depends on your ability to drive, then you are likely to be terminated before you are even convicted of DWI. A CDL holder, or a person who must drive as a condition of his or her job, is unlikely to receive much consideration following DWI charges. If your job does not depend on your ability to drive, you can still be legally fired in most cases for a DWI conviction.
Could I Be Charged with a Texas DWI on Private Property?
DWI charges usually occur on public highways and roads, and one of the most prevalent myths you may hear about DWI charges is that if you are on private land, you cannot be charged with the offense. Private land could include your own property, a friend’s property, or even privately owned commercial properties.
Virtually all of these types of private properties have driveways, parking lots, and other locations specifically for vehicle usage. If you believe that you cannot be arrested for DWI on private land, you would be mistaken. Under Texas Penal Code Section 49.04(a), a DWI violation is defined as an intoxicated person operating a motor vehicle in a public place.
The word "place" is important here. The statute does not say "public property," "public lands," or "public highway." It says public place. It is likely that this is deliberately ambiguous wording, and, in fact, more than one Texas court has interpreted a public place to include private lands "to which the public has access."
How Reasonable Suspicion and Probable Cause Impact DWI Arrests
While most people believe reasonable suspicion and probable cause can be used interchangeably, they have different legal meanings. Reasonable suspicion is a common-sense conclusion that requires more than a "feeling" or a "hunch" with sufficient facts and/or circumstances that support more than a minor suspicion. Probable cause requires a higher standard, dictating that a reasonable person would believe a crime was either in progress, about to be committed, or had already been committed.
Although both probable cause and reasonable suspicion involve an officer’s overall impression of a specific situation, they have different outcomes regarding a person’s rights, the proper protocol for a stop or stop-and-frisk, and the outcome of the situation as a whole. Probable cause is required for a search warrant, an arrest warrant, or an arrest when an officer observes a crime in process.
If you believe the officer did not have reasonable suspicion to pull you over or probable cause to arrest you and charge you with DWI, it is important to discuss these issues with your Weatherford, Texas criminal defense attorney. The more details you can provide your attorney with, the more likely there will be the best outcome possible for your DWI charges.
How Mistaken DWI Arrests Occur
It is possible to get arrested for a DWI while you are sober. The police are not always able to accurately gauge a driver’s level of intoxication at the roadside. Once you have been placed under arrest, the police are incredibly unlikely to release you even if your chemical tests suggest that you are not under the influence of any substances or have a very low BAC.
If you have been charged with a DWI you are innocent of, you need an aggressive Parker County, TX DWI lawyer with trial experience. It may be possible to have your case dismissed for lack of evidence in the early stages depending on the specific facts of your case. However, if the court will not agree to dismiss the case, going to trial to seek an acquittal may be your best option. DWI cases rarely go to trial, but a trial may be well worth it to avoid conviction for an offense you did not commit.
Why Domestic Violence Arrests Go Up During the Winter
Normally, summertime produces more violent crime and wintertime produces more property crime. Arrests for simple assaults after bar fights tend to peak in the summer, when more people are out enjoying the nice weather in the evenings. Violent robberies are also more common in the summer. Even in Texas, where our winters are fairly mild, a lot of people prefer to stay inside during the coldest months. The one type of violent crime that does often spike during the winter is domestic violence.
Family violence tends to escalate during the winter months when couples and families are spending more time at home together. Family violence arrests are often the result of a simple argument that got out of hand. People who are arrested for domestic violence often do not meet the stereotypical image of a habitual abuser but simply got into a fight that escalated a little too much. If you are facing domestic violence charges, you need a skilled Parker County, TX family violence lawyer to fight for you.
Can I Serve My Jail Time Intermittently in Texas?
Even if the evidence against you is so overwhelming that being convicted of something is inevitable and there is a mandatory jail sentence, there is still a lot an experienced Weatherford, TX criminal defense lawyer can do to help you. It is common for criminal defendants to believe that an attorney cannot help them unless the goal is to have the entire case dismissed or to go to trial and be acquitted. However, having strong legal representation during the sentencing phase can make an enormous difference in how the case ends. One potential option is to ask the court to be allowed to serve any jail time intermittently rather than all at once. Courts will often allow this arrangement, especially for low-risk defendants who have steady employment and other obligations. Your criminal defense lawyer can advise you on whether this arrangement might be appropriate in your case.
Does Texas Have a No-Drop Policy in Domestic Violence Cases?
In Texas, domestic violence is a specific type of assault that is committed against someone who is in a close relationship with the attacker. This can be a family relationship, such as a spouse or a child; a living relationship, such as a roommate; or an intimate relationship, such as a boyfriend, girlfriend, or former dating partner. Assault is when a person physically touches another in a way that he or she should reasonably know is offensive or provocative. It does not have to result in bodily injury.
Domestic violence is a serious misdemeanor that is treated severely in Texas, and facing such charges can be a daunting prospect. A common question among defendants who are accused of domestic violence is whether charges will be dropped if the accuser no longer wants to proceed with the case. The answer is that Texas has a no-drop policy that may still lead to prosecution, so it is important to consult a Texas criminal defense attorney if you are facing allegations of domestic violence.
How Can I Defend Against a Manslaughter Charge in Texas?
Manslaughter is a type of criminal homicide that carries serious penalties. Someone who faces a manslaughter charge in Texas may face heavy fines and prison time. It is important, therefore, to have the best defense possible if you are charged with manslaughter. An essential part of this is understanding the various defenses that can be employed against a manslaughter charge.
The first step toward building a strong case is hiring an experienced criminal defense lawyer. This article will discuss what manslaughter is, its defenses, and how to contact a Texas manslaughter defense attorney.
What Is Manslaughter?
Under Texas law, manslaughter is when a person causes the death of another with reckless behavior. "Reckless" means the defendant understood the risks of his or her actions and engaged in that behavior anyway, with conscious disregard for the danger to others. This definition is fairly broad and abstract, so manslaughter cases can be complex.
Can I Remove My Name From the Sex Offender Registry
People who are convicted of sex crimes in Texas are required to join a sex offender registry. These offenses include:
- Rape
- Sexual assault
- Indecency with a minor
- Possession of child pornography
- Solicitation of a minor
The sex offender registry is open and available to the public. Being in this database exposes a person to public humiliation and ridicule. Many times, it limits where an offender can live because residential communities often bar sex offenders from moving in. It also limits employment opportunities because many businesses do not want to suffer bad publicity if they are discovered to be hiring a sex offender.
Getting off the list, or deregistering, is not an easy process. This article will discuss how sex offenders can be deregistered from the system, but it is best to consult a Texas criminal defense attorney about whether you are eligible for deregistration.
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From our office in Weatherford, we represent clients in communities throughout Parker County, Wise County, Jack County, Eastland County, Johnson County, and Hood County, including Willow Park, Hudson Oaks, Springtown, Mineral Wells, Briar, Azle, Decatur, Bridgeport, Jacksboro, Cleburne, Keene, Joshua, Burleson, Alvarado, Granbury, Oak Trail Shores, DeCordova, Pecan Plantation, Eastland, Cisco, and Ranger.
Results listed are not a guarantee or indication of future case results.
