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• Holmes & Moore: Can a person be guilty of drunk driving if he only had one drink? The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
• Cassel Law Firm: Driving Under the Influence (offenders younger than 21years old): Class C Misdemeanor, a fine not to exceed $500.00. Driving while Intoxicated, Boating while intoxicated or flying while intoxicated, 1st Offense: Class B Misdemeanor, no less than 3 or more than 180 days in the county jail and a fine not to exceed $ 2,000.00. Driving while Intoxicated, Boating while intoxicated or flying while intoxicated, 2nd Offense: Class A Misdemeanor, not less than 10 days or more than 365 days in the county jail and a fine not to exceed $ 4,000.00. Driving while Intoxicated, Boating while intoxicated or flying while intoxciated, 3rd (or more) Offense: Third Degree Felony, 2 to 10 years in the Texas Department of Criminal Justice, Institutional Division and a Fine not to exceed $10,000. Intoxicated Assault, Third Degree Felony: 2 to 10 years in the Texas Department of Criminal Justice, Institutional Division and a fine not to exceed $10,000. Note, if there is a finding that a deadly weapon, i.e. a motor vehicle, was used during the commission of the offense, one-half of any prison sentence must be served before one is eligible for parole. Furthermore, only a Jury can grant probation with a deadly weapon finding. Intoxicated Manslaughter, Second Degree Felony: 2 to 20 years in the Texas Department of Criminal Justice, Institutional Division and a fine not to exceed $10,000. Strong possibility of a deadly weapon finding.
• Kent Phillips: Anyone that has ever been accused or charged with a crime knows the importance of having an experienced criminal defense attorney by his or her side. The quality of legal representation can often account for the difference between going to jail and going home to one's family. In addition to loss of freedom, a criminal conviction or even a simple arrest can have life long effects in the areas of employment, family relations, and on the quality of life in general. Regardless of the severity of the crime, you deserve the best legal representation available.
• Raymond Rogers: The DWI laws in Texas have changed, to make the penalties even stiffer, and to increase the fines that may be imposed. Being charged with the offense of DWI is a serious legal matter.