Azzo & Azzo:
A person commits the criminal offense of Driving While Intoxicated ("DWI") in Texas if he/she:
1. Operates a motor vehicle;
2. In a public place;
3. While intoxicated.
Intoxicated means:
a. Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
b. Having an alcohol concentration of 0.08 or more.
There are similar laws which apply to operating an aircraft and watercraft while intoxicated. However, these types of DWI prosecutions are not common in Harris County, Texas.
There were 10,771 new misdemeanor and felony DWI cases filed in Harris County, Texas, from January 1 to December 31, 2003. DWIs represent approximatel 18% of all new misdemeanors filed in the fifteen Harris County misdemeanor courts in 2003.
Misdemeanor DWI cases are prosecuted in County Court, and a sentence resulting in confinement would be served in the county jail. Felony DWI cases are prosecuted in District Court, and a sentence resulting in confinement would be served in the Texas Department of Criminal Justice - Institutional Division (prison).
Texas law provides that a person with no prior convictions, who is convicted of DWI, shall be confined for no less than 3 days and no more than 180 days in the county jail. In addition to the jail time, a fine not to exceed $2,000.00 may be assessed.
Prosecutors may allege an enhancement paragraph to increase the minimum and maximum punishment of a person previously convicted of DWI. A person convicted of a second DWI case faces a minimum sentence of 30 days and a maximum sentence of one year in the county jail and a fine not to exceed $4,000.00. A third DWI conviction is punishable by not less than two nor more than ten years in prison, and a fine not to exceed $10,000.00.
In addition to enhancements using prior DWI conviction(s), there are general provisions within the Texas statutes that govern when and how cases may be enhanced. There are also rules which allow the sentence to be probated as an alternative to incarceration. However, Deferred Adjudication is not legally available in DWI cases.
A person convicted of causing serious bodily injury resulting from DWI (first offender) faces a sentence of not less than two nor more than ten years in prison, and a fine not to exceed $10,000.00.
A person who causes the death of another due to DWI commits the offense of "intoxication manslaughter." This offense is punishable by a prison sentence of no less than two nor more than twenty years and a fine not to exceed $10,000.00 for each death caused in an incident. This punishment may also be enhanced with certain prior convictions.
In addition to the above described punishments, there is also a significant impact on the alleged offender's privilege to operate a motor vehicle. This impact comes in the form of an administrative license suspension as well as a possible suspension if the individual is convicted of DWI.
Administrative - Texas law provides that anyone legally arrested for DWI who refuses to submit to a breath, blood, or urine test (if offered) shall have his/her license suspended for a minimum of 180 days. Anyone who submits to a test and the results show an alcohol content above the legal limit (0.08) at the time of the alleged offense, shall have his license suspended for a minimum of 90 days. An administrative suspension is applicable even if the DWI case is dismissed.
Criminal - Texas law also provides that a person's driving privilege may be suspended following a conviction for the criminal offense of DWI. Under certain circumstances, the suspension is mandatory.
License suspensions are cumulative. Even after the suspension period expires, the individual may not legally operate a motor vehicle unless the Texas Department of Public Safety has reinstated the privilege to operate a motor vehicle. Suspension rules for those previously arrested for or convicted of DWI and minors (under 21 years of age) are more stringent.
In many instances, defendants convicted of DWI who have no prior criminal history are eligible for and do receive probation. However, probation eligibility does not guarantee that a sentence will be probated. The granting of probation to eligible of probation to eligible defendants is within the sole discretion of the fact finder (judge or jury) assessing punishment.
When probation is granted by the jury or judge, several requirements will be set as conditions of probation. Probation conditions are always set by the judge no matter who assesses punishment. DWI probation conditions may include but are not limited to the following:
1. Jail time;
2. Testing for drug and alcohol dependency;
3. Drug and alcohol evaluation and treatment;
4. License suspension (jury has input);
5. DWI course;
6. Ignition interlock - requires the defendant to breath into a
device. If alcohol is detected, the vehicle cannot
be operated;
7. Commit no offense;
8. Avoid injurious habits;
9. Avoid disreputable or harmful people;
10. Report to a probation officer;
11. Travel restrictions;
12. Community service;
13. Pay fine, court costs, and other fees;
14. Pay restitution; and
15. Many other resonable conditions as the judge may see fit to
apply.
DWI is dangerous to the intoxicated driver and those whom he/she may encounter on the road. Furthermore, it presents a complicated and expensive odyssey through the justice system.
It would be prudent to plan ahead and discuss your options with your lawyer to determine what you might do in the event you are ever stopped for, accused of, or charged with DWI. Anyone who drives home after having cocktails, beer, or wine can be accused of DWI by a police officer. Consult with your attorney immediately if you are ever charged with the criminal offense of DWI.
The best and safest policy is not to drive after consuming alcohol, medication, or any other substance that may affect the normal use of your mental or physical faculties.