Galveston DWI Lawyer - Texas Penal Code 49.04 Driving While Intoxicated in Galveston Texas

Galveston DWI Lawyer - Texas Penal Code 49.04 Driving While Intoxicated in Galveston Texas

At Galveston Criminal Defense and DWI Attorneys, we are committed to helping our clients navigate the complexities of Texas criminal law. As the managing partner, I’m Brian Foley, and today I want to break down one of the most common charges we see: Driving While Intoxicated (DWI) under Texas Penal Code Section 49.04. This article will provide an overview of the statute, its penalties, and key considerations for anyone facing a DWI charge in Texas.

What is a DWI in Texas?

According to Texas Penal Code Section 49.04, a person commits a DWI offense if they are intoxicated while operating a motor vehicle in a public place. Intoxication can be proven through blood, breath, or urine tests, or by demonstrating a loss of normal mental or physical faculties due to alcohol or drugs.

Standard DWI: Class B Misdemeanor

For a first-time DWI (with no aggravating factors), the offense is classified as a Class B misdemeanor. Unlike other Class B misdemeanors, which carry a punishment range of 0 to 180 days in jail and a fine of up to $2,000, a DWI has a mandatory minimum of 72 hours (3 days) confinement. This makes it unique among misdemeanor offenses in Texas.

However, if you receive probation (including deferred adjudication probation), you may avoid serving the mandatory 72 hours. Some counties strictly enforce the 72-hour confinement, while others may credit time already served.

Enhanced Penalties

The penalties for a DWI can escalate based on specific circumstances:

• Open Container: Under Subsection C, if an open alcohol container is found in your immediate possession, the offense remains a Class B misdemeanor but carries a minimum confinement of 6 days.

• High Blood Alcohol Concentration (BAC): Under Subsection D, if a blood, breath, or urine test shows a BAC of 0.15 or higher, the offense is elevated to a Class A misdemeanor. Surprisingly, the statute does not impose a mandatory minimum jail time for this enhanced offense, meaning the minimum punishment could be less than a standard DWI. This appears to be an oversight in the law, but it can benefit defendants in certain cases.

Repeat Offenders

For repeat DWI offenders, penalties increase significantly under Section 49.09:

• Second DWI: Class A misdemeanor with a minimum of 30 days in jail.

• Third or Subsequent DWI: Third-degree felony with more severe consequences.

Aggravating Factors

A DWI charge can also become more serious if certain aggravating factors are present:

• Child Passenger: If a child under 15 is in the vehicle, the offense is a state jail felony.

• Injury or Death: If the DWI results in injury or death, you could face charges of intoxication assault (third-degree felony) or intoxication manslaughter (second-degree felony), respectively.

  
  

How We Can Help

At Galveston Criminal Defense and DWI Attorneys, we understand that a DWI charge can be overwhelming. Our experienced team works to minimize the impact of these charges by exploring options such as:

• Negotiating for probation to avoid jail time.

• Challenging the evidence, including BAC test results or the validity of the traffic stop.

• Pursuing deferred adjudication where appropriate to avoid a conviction on your record.

While first-time DWIs often allow us to avoid jail time, every case is unique. Consulting with a knowledgeable attorney is critical to achieving the best possible outcome.

Why Choose a Board-Certified Attorney?

DWI cases involve complex legal and scientific issues, from field sobriety tests to chemical testing procedures. Working with a board-certified criminal defense attorney ensures you have an expert who is well-versed in Texas DWI laws and can provide the strongest defense.