Contents
Is A DUI A Crime In Texas
Is DWI A Felony In Texas
Driving while intoxicated (DWI) or driving while under the influence of drugs or alcohol (DUI) is a very serious offense in Texas. First-time offenders get a lenient sentence but any repeat offender risks being charged with a felony. But whether or not you get charged with a felony depends on a variety of factors, not just prior convictions.
You need to hire an experienced and skilled DWI defense attorney to defend you in these circumstances because any conviction can affect your life significantly he can also answer questions you might have such as if DWI/DUI a felony in Texas.
DWI Is An Offense In Texas
How Many DWI Is A Felony In Texas
According to the Texas Penal Code Section 49.04, intoxicated persons are not allowed to operate a motor vehicle in a public space. An intoxicated person is a person that has lost the normal use of their mental or physical faculties because they have consumed alcohol or used a controlled substance.
Remember that drinking alcohol and driving is only considered a felony if your blood alcohol concentration is 0.08 or more. Prosecutors can prove you were intoxicated while driving by testifying that you smelled like alcohol or that there was an open container with an alcoholic beverage in your vehicle.
Field Sobriety And BAC Tests
How Many DWIs Is A Felony
Tests such as field sobriety tests, breathalyzer tests, or blood tests can also be used to prove that you were impaired. A field sobriety test is used to test your reaction time and rapid or repetitive eye movements. But these tests rely to a large extent on the observations of the police officer making you do the test.
That means they are often inaccurate and speculative. Your lawyer can easily show a court that the tests cannot prove anything because they were not conducted properly. Breathalyzer tests and blood tests are also not as reliable as most people assume because of several factors.
For example, the acid you produce in your stomach can skew the readings on the breathalyzer. Blood tests may also not show an accurate reflection of the alcohol content in your blood when you were driving. Consult your attorney on whether challenging these test results is the best defense strategy for your case.
What Is The Alcohol Limit For Texas Drivers?
DWI In Texas Misdemeanor Or Felony
Just like in the rest of the nation, driving with a blood alcohol content of 0.08 or more is illegal in Texas. A police officer can ask you to take either a breathalyzer test right where they pulled you over or ask you to go to the station for a blood test in order to test your BAC. But the way they measure the amount of alcohol in your system depends on whether they are testing your breath, urine, or blood.
They measure the amount of alcohol per 210 liters of breath or per 10 milliliters of blood or per 67 milliliters of urine. A BAC of 0.08 or more leads to a DWI charge.
What If It Was The First Offence?
Is DWI A Criminal Offense
The severity of your charges depends on whether you have any prior DWI convictions or whether someone was injured because you were driving while under the influence of alcohol. A first-time DWI offense is more lenient but any subsequent DWI offense will have harsher fines and longer jail times.