SanAntonioDWI.org

Read Texas Penal Code for the precise laws of Texas

Drunk driving is one of the most aggressively enforced crimes in Texas, but what isn’t prevalent is that it is legal in every state to drive drive after drinking alcohol under the legal limit if you are 21.  Texas law states that a driver of a vehicle only has to have lost the normal use of his or her faculties by alcohol and or drugs to be found guilty of DWI.  You should not use this blog as legal information, if you have questions about a DWI contact a licensed San Antonio Criminal Lawyer.  After you have been arrested you can request an administrative hearing regarding your drivers license.  You have 15 days after your arrest from which to do so.

Tips for avoiding a DWI

- Obviously Don’t drink and drive

- Call a taxi

- Call a friend

- Drink alcohol at home

- Car pool with a designated driver

- Take a Breathalyzer before leaving to drive

Chapter 49 of the TPC lists the intoxication and alcoholic beverage offenses.  49.02 covers Public Intoxication or PI.  Someone is guilty of PI if they appear in public while intoxicated to the degree that they might endanger theirself or another.  This can be defended against if the alcohol was given for therapeutic purposes and as a part of medical treatment by a licensed doctor.

San Antonio DWI

Operating a vehicle after license suspension.

Usually every DWI arrest involves a Texas driver’s license suspension action. When persons are arrested for DWI, they are asked to undergo a breath test at the police station. San Antonio DWI charges end up in a suspended license in most cases. If that person refuses to perform the breath test, their license is suspended for 6 months or 180 days. However, if one submits to the test and registers a BAC content of .08 percent or more, their license is suspended for a minimum of 90 days after the breath test. With either license suspension, everyone is issued a 40-day temp. Some sentences in DWI cases for arrested suspects with previous convictions involve additional suspensions spanning 6 - 24 months. In Texas, operating a vehicle after a suspended license, can lead to a new arrestable offense with a possible jail sentence of up to 6 months.

DWI means Driving While Intoxicated

Section 49.06 of the Texas Penal Code encompasses San Antonio DWI offenses. The offense occurs when a person is intoxicated while operating a motor vehicle in a public place. Intoxicated means not having the normal use of your mental or physical functions because of alcohol and/or other controlled substances. Also, in subsection B, the familiar alcohol concentration of .08 can complete the requisite of intoxication for a DWI.

Chapter 49 of the Code covers various types of motor vehicles which can also be included under DWI.