DWI or Driving While Intoxicated is when a person is intoxicated while operating a motor vehicle in a public place. Many people believe you have to be actually “drunk.” Not so in Texas. This covers a broad spectrum and you may be surprised to know some people that look falling down drunk are actually under the legal limit and some sober looking people are actually over the limit according to the law. For this reason, you really need an experienced Conroe TX DWI Lawyer to look at your DWI to cover the facts in a way you can understand.What is Considered Intoxication?
Intoxication offenses mean you have at least a blood-alcohol reading of .08 or higher, which is the standard for a charge of driving while intoxicated, or you have lost your mental or physical faculties.The State of Texas BAC (Blood Alcohol Concentration) are as follows:
- 21 years or older: 0.08%
- Commercial Drivers: 0.04%
- Younger than 21 years of age (DUI in Texas): Any detectable amount.
If the police have reasonable grounds for deciding you are intoxicated, they may choose to do a search.
If that search turns up other grounds for arrest, the evidence they find can be used to charge you with other crimes. For example, an officer pulled over a man on a suspected DWI with bloodshot eyes, slurred speech and reeking of alcohol. By the ruling of a Texas court, the police officer had probable cause to arrest the intoxicated person. During a search, it turned out the man had cocaine on him. The court upheld this man’s conviction for possession of cocaine.Driving While Intoxicated With a Child Passenger
If you are arrested in Texas for DWI and you have a child passenger under fifteen years of age, then this offense has just become a felony. Typically, areas such as Montgomery, Walker, Madison, and Leon Counties will charge you for each child separately. Therefore, if you have three kids in the vehicle under fifteen years of age, you have just picked up three felonies.Driving Under the Influence or DUI
Driving under the influence, DUI, pertains to a driver of a vehicle who is under 21 years of age. If he has any alcohol at all in his system, he can be charged with DUI. It doesn’t matter if his driving is impaired, he can be charged because Texas is a zero-tolerance state. If the person who is under 21 years of age has a BAC of .08 or over, he can be charged with DWI.Boating While Intoxicated or BWI
A person commits the offense of BWI if they operate a watercraft while they are intoxicated. Those that live in the Conroe, Texas area and in Montgomery and the surrounding counties know that there is a zero tolerance policy on Lake Conroe regarding intoxication offenses. If you or a loved one is on Lake Conroe and get pulled over, even on a jet ski, you are going to jail and will be charged with BWI.Get a Conroe TX DWI Lawyer
If you are charged with DWI, DUI, BWI, or any other alcohol related offense it is important to consult a lawyer. A conviction will go on your record permanently, that is, for life. Therefore, a conviction for an alcohol-related offense can have a negative impact on your future. Employers, insurers, and other people can check the record and make decisions important to your life based on it. An experienced criminal defense firm like M. Neufeld Law can and will help protect your rights.
Know your rights, be smart, and hire an experienced Conroe TX DWI Lawyer. We can help with your intoxication offenses.