SanAntonioDWI.org

The Difference between DWI and DUI

Thu, 01 Jan 2009 20:32:54 +0000

The terms DWI and DUI are often used interchangeably and in some jurisdictions you aren’t incorrect in doing so. However, the two terms have legally distinct meanings. DWI or driving while intoxicated is operating a motor vehicle after consuming enough alcohol to raise one’s blood alcohol content (BAC) to over the statutory limit. The limit is .08% in most states. DUI or driving under the influence is generally a lesser offense of operating a motor vehicle in a physically or mentally impaired state, especially after consuming drugs or alcohol. In some states, a DUI is commonly associated with a minor driving with alcohol in their system. To be sure on your jurisdiction’s definition, search within the state penal code. You will find specifics which define the rules of driving after having consumed alcohol.

Criminal Intent

Sun, 14 Dec 2008 10:55:56 +0000

All crimes except for strict liability crimes require a mens rea. Mens rea is what the accused must have been thinking when he committed the criminal act. The necessary intent is not the same for all crimes. There are several types of intent. Criminal intent is the same as mens rea. With constructive intent it is first asserted that intent is required for all crimes, then it is added that such intent may be inferred from recklessness or negligence. General intent falls under acts forbidden by statute. This falls along the same lines as mens rea and may be used to encompass all forms of mental state. Specific intent designates a special mental element. Occasionally, a person may act with multiple intents. If so, as long as he had the intention required by the definition of the crime, it is of no consequence that he also had some other intention as well.

Probable Cause

Fri, 05 Dec 2008 07:21:19 +0000

Arrests generally must be supported by the same level of probable cause, with or without a warrant. (Whiteley v. Warden, Wyoming State Penitentiary) A detached and neutral magistrate must find probable cause before a warrant for an arrest may be issued. In determining the sufficiency of an affidavit supporting an arrest warrant, a reviewing court is limited to the “four corners” of the affidavit. Affidavits are viewed in a common sense manner. A presumption is indulged in favor of the regularity of the proceedings in a lower court unless the record presents aff. evidence to the contrary.

The failure to appear in court is a unique offense for purposes of issuing a warrant. By its very nature, a defendant’s failure to appear is within the court’s personal knowledge. The trial court issuing each of the warrants in this case was supplied with sufficient information to support an independent judgment that probable cause existed for the warrants. Therefore, the fact that appellant had several outstanding warrants gave the officers probable cause to arrest him.

DWI Options and Information

Tue, 07 Oct 2008 20:00:11 +0000

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.

Avoid DWIs

Thu, 24 Jul 2008 13:58:08 +0000

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

Public Intoxication Section 49.02 Texas Penal Code

Thu, 24 Jul 2008 07:35:09 +0000

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 Info

Wed, 23 Jul 2008 06:24:26 +0000

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.

San Antonio DWI Information

Tue, 22 Jul 2008 12:48:08 +0000

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.