Galveston DWI Lawyer- Texas Penal Code 49.04

Galveston DWI Attorney 49.04 Texas Penal Code

At Galveston Criminal Defense and DWI Attorneys PLLC, we understand that looking for a Galveston DWI Lawyer and facing a Driving While Intoxicated (DWI) charge in Texas can be overwhelming. The stakes are high, with potential consequences including jail time, fines, license suspension, and a lasting criminal record. Texas Penal Code Section 49.04 outlines the legal framework for DWI offenses, and our experienced legal team is here to guide you through each provision to build a robust defense. Below, we break down the provisions of Texas Penal Code 49.04 one by one, explaining what they mean for you and how we can help protect your rights.

Provision (a): Defining the DWI Offense

Texas Penal Code 49.04(a): "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place."

This provision establishes the core elements of a DWI offense in Texas. To secure a conviction, the prosecution must prove three key components beyond a reasonable doubt:

1. Intoxication: Defined under Texas Penal Code Sec. 49.01 as either (A) not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination, or (B) having a blood alcohol concentration (BAC) of 0.08 or higher.

2. Operating a Motor Vehicle: This includes any action to control the vehicle, such as driving, steering, or even sitting in the driver’s seat with the engine running, where a parked vehicle with a running engine was insufficient for conviction without evidence of actual driving.

3. Public Place: Any location accessible to the public, including roads, parking lots, or private property open to public use, such as a business parking lot.

   
   

How We Help: At Galveston Criminal Defense and DWI Attorneys PLLC, we meticulously analyze the evidence to challenge these elements. For example, we may question the validity of field sobriety tests, the accuracy of breathalyzer results, or whether you were actually "operating" the vehicle. Our attorneys also investigate whether the location qualifies as a public place, potentially weakening the prosecution’s case.

Provision (b): Baseline Penalty for DWI and how a Galveston DWI Lawyer can help.

Texas Penal Code 49.04(b): "Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours."

A first-time DWI offense is classified as a Class B misdemeanor, carrying:

• A minimum jail term of 72 hours (3 days), up to 180 days.

• A fine of up to $2,000.

• Driver’s license suspension for 90 days to 1 year.

• Additional consequences like community service, DWI education programs, and increased insurance rates.

  
  

This provision sets the baseline penalty, but additional factors can enhance the charge, as outlined in later subsections.

How We Help: Our team at Galveston Criminal Defense and DWI Attorneys PLLC works to minimize these penalties or achieve a dismissal. We explore defenses such as procedural errors during your arrest, lack of probable cause for the traffic stop, or inaccuracies in BAC testing. For eligible first-time offenders, we may pursue deferred adjudication (available for offenses after September 1, 2019, under certain conditions) on your record.

Provision (c): Open Container Enhancement

Texas Penal Code 49.04(c): "If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days."

If an open container (defined as any bottle, can, or receptacle containing alcohol that is open, has been opened, or has a broken seal) is found in your immediate possession, the minimum jail time increases from 72 hours to 6 days. This enhancement applies even if the container wasn’t in your hand but was within reach, such as in the center console.

How We Help: Our attorneys scrutinize the circumstances surrounding the open container. We may argue that the container was not in your immediate possession or belonged to a passenger. Additionally, we leverage our experience to negotiate plea deals that mitigate this enhancement’s impact, aiming to reduce penalties or secure probation where possible.

Provision (d): High BAC Enhancement

Texas Penal Code 49.04(d): "If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor."

A BAC of 0.15 or higher elevates a DWI to a Class A misdemeanor, significantly increasing penalties:

• Up to 1 year in jail.

• A fine of up to $4,000.

• Longer license suspension periods.

This provision reflects Texas’s strict stance on high levels of intoxication, even for first-time offenders.

How We Help: At Galveston Criminal Defense and DWI Attorneys PLLC, we challenge the reliability of BAC tests. Breathalyzers can produce false positives due to calibration issues or medical conditions, and blood tests may be mishandled. We consult forensic experts to dispute test results and explore defenses like rising BAC (where your BAC was below 0.15 at the time of driving but increased by the time of testing).

Related Considerations: Defenses and Additional Context

Beyond the provisions of 49.04, other factors influence DWI cases:

• Defenses: Texas Penal Code Sec. 49.01 notes that it’s not a defense to claim you were entitled to use the substance (e.g., prescription drugs), but it is a defense if the substance was administered for therapeutic purposes by a licensed physician.

• Administrative License Revocation (ALR): A separate civil process can suspend your license upon arrest, but our attorneys can request a hearing to challenge this suspension, examining the officer’s reasonable suspicion and probable cause.

• Deferred Adjudication: For first-time offenders (post-September 1, 2019), deferred adjudication may be an option, requiring an ignition interlock device unless waived by the court.

  
  

How We Help: Our firm’s comprehensive approach includes challenging illegal traffic stops, questioning the validity of field sobriety tests, and negotiating with prosecutors for reduced charges or dismissals. We also represent clients at ALR hearings to protect their driving privileges.

Why Choose Galveston Criminal Defense and DWI Attorneys PLLC?

Facing a DWI charge under Texas Penal Code 49.04 is a serious matter, but you don’t have to navigate it alone. At Galveston Criminal Defense and DWI Attorneys PLLC, we bring decades of experience, a client-centered approach, and a deep understanding of Texas DWI laws to every case. Our attorneys, led by our commitment to aggressive advocacy, have successfully defended clients across Galveston, Chambers, and Harris Counties, earning recognition for our results-driven strategies.

We understand the emotional and financial toll a DWI charge can take. That’s why we offer free consultations to discuss your case, analyze the evidence, and outline a personalized defense strategy. Whether it’s challenging the prosecution’s case, negotiating for probation, or fighting for a dismissal, we are dedicated to protecting your rights and securing the best possible outcome.

Contact Us Today

If you or a loved one has been charged with a DWI in Galveston or surrounding areas, time is critical. Contact Galveston Criminal Defense and DWI Attorneys PLLC at (409) 877-4909 for a free, confidential consultation. Let us put our expertise to work for you, ensuring your case is handled with the care and professionalism it deserves. Your future is too important to leave to chance—call us today.