DUI in Texas
Many times people are confused about what a DUI is in Texas. Many people call me and tell me that they were arrested for a drug DUI. They think that DUI is Driving Under the Influence (of drugs).
That is not correct. Drug intoxication cases are charged as DWIs in Texas.
DUI is what minors (under the age of 21) are charged with when they have any detectable amount of alcohol in their system. Since 21 is the legal age of drinking, it is illegal for anyone under 21 to have ANY alcohol in their system when driving. It doesn’t matter if your blood alcohol concentration is .01 (well below the legal limit of .08), you can be cited for DUI.
DUI in Texas is a class C misdemeanor. This is punishable by a fine of up to $500. The problem with this type of case is that you are often arrested even though it is a Class C misdemeanor. The officer cannot let you continue to drive and break the law, so if there is no one else to drive many times individuals get arrested and held until they are sober.
The other problem is that the case looks bad on your record. Most people don’t know the difference between DUI and DWI, so imagine if you are applying for a job and a DUI pops up, that is not ideal.
So How do We Defend DUI Cases?
Because this is a Class C misdemeanor, officers will very rarely do any sobriety tests or take you in for a breath or blood test. Usually you are arrested based solely on the odor of alcohol, or your admission of drinking.
This makes it very problematic for a prosecutor to prove that you had alcohol in your system at the time of driving. I will do everything in my power to point out the problems of the investigation and fight the case. I fight to protect you now, and in the future. Your criminal record is the most important thing to me, and I will fight to keep it clean.