(DWI: TX Penal Code, §§ 49.01 to 49.12) and
(DUI: TX Alcoholic Beverage Code, §§ 106.01 to 106.15)
Charge Overview - Driving While Intoxicated (DWI, TX Penal Code, §49.04)
Although Driving While Intoxicated (DWI) is one of the most common misdemeanor charges in Williamson County, it is undoubtedly one of the most complex, due to traffic stop issues, breath/blood test issues, ignition interlock issues, driver's license suspension issues, and DPS surcharge issues (if convicted you must pay $3-6 thousand in surcharges to DPS over a three year period to keep your Texas driver's license).
To be guilty of DWI, someone must "operate a motor vehicle" in a "public place" while "intoxicated." Operation of the vehicle (actual behind-the-wheel driving) is clear if the person is stopped by the police for a traffic offense, but in other situations driving is less clear, for example if someone is found sleeping in their car. Highways, roads, and streets are "public places," but other areas may not be. Even whether or not the vehicle is a "motor vehicle" can be a legal issue, for example if the person was driving a golf cart, go-cart, or scooter (all actual prior cases).
Typically, the central issue in a DWI case is whether the person was "intoxicated." "Intoxicated" is defined by §49.01(2) of the TX Penal Code as "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 having an alcohol concentration of 0.08 or more."
In cases without a breath or blood test result "intoxication" is essentially any combination of alcohol and/or drugs (over-the-counter, prescription, or illegal) that causes the person to lose the "normal use" of their "mental or physical faculties." Normally, there will be a police video associated with the detention and arrest of someone for DWI, showing the person's driving, initial detention, and performance on the three Standardized Field Sobriety Tests (SFSTs).
It is important to hire an attorney quickly in a DWI case because you only have 15 days from the date of your arrest to request a hearing on the suspension of your Texas driver's license. If this hearing is not requested in a timely manner your driver's license (or privilege to drive in Texas on a driver's license issued by another State), will automatically be suspended 40 days after the date of your arrest. Requesting this hearing delays the suspension of your driver's license until the date of the hearing, typically allowing more time to obtain discovery (police report, video tape, etc.) and an Occupational Driver's License, to drive to and from work, school, and for 'essential household duties.'
A 1st offense DWI (without a child passenger) is a Class-B misdemeanor and is punishable by up to six months in jail and/or an optional fine not to exceed $2000. A 2nd offense DWI (without a child passenger) is a Class-A misdemeanor and is punishable by up to a year in jail and/or an optional fine not to exceed $4000. A 3rd (or more) offense DWI, or a 1st offense DWI with a child passenger in the vehicle, is charged as a felony.
Charge Overview - Driving Under the Influence of Alcohol (DUI, Alcoholic Beverage Code, §106.041)
Contrary to popular misconception, you cannot be charged with DUI in Texas unless you are a minor (under age 21 at the time of the offense). Because minors cannot legally drink or purchase alcohol, they cannot legally operate a motor vehicle in a public place with "any detectable amount of alcohol" in their body, meaning just one drink. Minors can (and likely will) be charged with DWI if they are believed to be "intoxicated," otherwise any odor of alcohol on their breath or admission to drinking any alcoholic beverages will lead to their arrest for DUI. Many of the same driver's license issues facing those charged with DWI are applicable in DUI cases, so it is equally important to hire an attorney within 15 days of the date of the arrest.
A 1st offense DUI is punishable by a fine not to exceed $500, but simply paying the fine and accepting a conviction, the easy thing to do in the short-term, can have long-term consequences and the charge generally sounds much worse than it really was to potential employers, college admission boards, etc. In many other states the only charge available is DUI, so a conviction for DUI is assumed to be the same thing as a DWI in Texas, meaning "intoxicated."
How We Handle DWI / DUI Cases
When we are hired to represent someone charged with DWI or DUI, as with any other type of case, we will navigate our client through the legal process from beginning to end. The first thing we will do is take detailed notes on the facts of the case, focusing on drinking facts and why the client was initially stopped by the police. We will also discuss driver's license and other issues and request an Administrative License Review (ALR) hearing if the deadline to do so has not expired. We will order copies of the police report and video, and mail copies to our client, after which they are encouraged to schedule an appointment at our office to discuss. If our client believes that something substantive in the police report is incorrect, we will have them provide us with a written statement (on a form we will provide), that we can then give to the prosecutor. Based on the facts of the case, we will also discuss any possible legal defenses. We will also provide our client with a list of proactive things that they can do, or documents they can gather while the case is pending, to increase the chances of a dismissal, or at least to help minimize the severity of punishment. If the case is not dismissed or reduced to a lesser charge, we will seek to negotiate the best possible plea bargain agreement with the prosecutor and help our client decide whether to accept the prosecutor's best offer or set the case for a trial by judge or jury. A typical Class-B misdemeanor DWI charge, if not dismissed or reduced to a lesser charge, and depending on the facts of the case and the person's prior criminal history, will result in some amount of probation and a fine.
The Pre-Trial Intervention Program
The Williamson County Attorney has a special six-month program, called the Pre-Trial Intervention Program, for many first-time offenders charged with a Class-A or Class-B misdemeanor that results in a dismissal of the charge, but you must apply through your attorney within a certain period of time. If accepted, you must pay a $360 fee, perform 40 hours of community service, take some classes, submit to drug testing, and have an ignition interlock installed on your vehicle (required only in DWI cases), after which the charge will be dismissed. Then two years after the date or your arrest you may petition the court for a complete expunction of the charge, a process whereby an arrest and charge are completely removed from your criminal history and all related records are ordered destroyed.
DWI / Drug Court
Defendants who are charged with an alcohol-related or drug-related misdemeanor offense, are admittedly guilty, and are admittedly addicted to drugs or alcohol, may wish to consider Williamson County's DWI / Drug Court as a means to resolve their case. DWI/Drug Court is "a twelve month or longer program that integrates local criminal justice resources, case management, and substance abuse treatment to rehabilitate targeted repeat DWI and misdemeanor drug possession offenders in lieu of incarceration."
Scheduling a Free Consultation and the Process to Hire
To schedule a free initial consultation with us to discuss your case, simply call (512) 635-4368 or click on the 'Contact Us' link to complete a short form that will be emailed to us. There is no fixed time limit for a free consultation, but they generally last less than an hour. At this meeting we will discuss the basic facts of your case, any possible legal defenses, and a basic strategy for handling your case. We can also discuss payment options/plans if you are unable to pay our fee in full. Once you make the decision to hire, you will need to remain at the office for about an hour to complete the necessary paperwork and review several documents that we will provide you. When you leave our office you will have a complete packet of useful information, you will know exactly what the process will be, and you should feel confident in knowing that you have an experienced attorney to navigate you through the process and help you with your case.
The Law Office of Gregory R. Terra
Attorney/Lawyer
501 S. Austin Ave., Suite 1130
Georgetown, TX 78626
(512) 635-4368
(512) 692-2878 (fax)
Office Hours: M-F, 9-5