DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) will be treated by Texas courts as either a misdemeanor or a felony, depending upon the circumstances of the DWI case, and the prior record of the accused.

Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact a Texas DUI LAWS lawyer near you for a free consultation by calling 1.800.DWI.LAWS.

DWI and "Intoxication" under Texas Law:

Driving while intoxicated (DWI), when a first offense, is a Class B Misdemeanor. The applicable Texas Penal Code section provides that "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place."

Jury trials are available to those accused of DWI or DUI in Texas. In order to gain a DWI conviction, the prosecutor must convince all jurors of the defendant is guilty of drunk driving beyond a reasonable doubt. To do so, a prosecutor must prove that the defendant, on or about a particular date was:

1. Operating a motor vehicle
2. In a public place (street, highway, beach, parking lot, etc)
3. In a particular county - While intoxicated (alcohol or drugs)

The Texas legislature has specifically defined the term "intoxication" as it relates to DWI cases. There are two definitions:

1. 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
2. Having an alcohol concentration of 0.08 or more. The law allows for intoxication by way of any intoxicating substance. It is no defense that the intoxicating substance was a prescribed drug; if any substance, legal or illegal, deprives a driver of the normal use of mental or physical faculties, the case may be prosecuted.

Classifications & Range of Punishment for DWI Conviction
DWI and the Administrative License Suspension

Texas Traffic Schools

There are many traffic schools in Texas authorized to teach a 6-hour driving safety class which may also known as "defensive driving", "traffic safety", or "ticket dismissal" class. This class may be taken in one of three methods: traditional classroom, video/DVD take-home, or Internet. Regardless of what the class is called or the method in which you choose to take it, your successful completion of the class will entitle you to a certificate that Texas courts may honor to dismiss a traffic ticket. Also, some insurance companies will grant you a discount on the liability portion of your car insurance when you present the certificate of course completion to your insurance agent.