Driving While Intoxicated (DWI) is often referred to in other jurisdictions as driving under the influence (DUI). Each state has its own laws against drunk driving. Although arrests for DWI in Montgomery County can be very embarrassing and confusing, you must understand being charged with such a crime does not mean you will be convicted. Prosecutors can often reduce or dismiss criminal charges when police officers commit errors or violate the rights of alleged offenders, but an experienced attorney is who will point out these issues. If you're in Montgomery County and you need a DWI attorney, call Ronnie Yeates. Ronnie Yeates has been practicing law for over 20 years. He fights for his clients and makes sure their rights are protected.
Texas Penal Code §49.04 states a person is guilty of DWI if the person is impaired while operating a motor vehicle in a public place. Texas Penal Code §49.01(2) defines intoxicated as "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 having an alcohol concentration of 0.08 or more." BAC, also known as Blood Alcohol Content, is defined by Texas Penal Code §49.01(1) to mean "(a) 210 liters of breath(B) 100 milliliters of blood; or (C) 67 milliliters of urine."
For many people who receive their 1st DWI charge, it is also their first encounter with law enforcement. Unrepresented defendants may plead guilty and hope the state will offer a lesser sentence. The first DWI offense is generally a Class B misdemeanor with a range of punishment from not less than 72 hours, nor more than 180 days in jail, with up to a $2000 criminal fine. However, if the alleged offender had a blood alcohol content of 0.15 or more on his first DWI or it is their second DWI, it will be a Class A misdemeanor with a punishment range doubling a class B with up to 1 year in jail and up to a $4000.00 fine. All DWI convictions carry a potential of three different state "fees," which are $3000, $4500, or $6000. These are in addition to the criminal fine and are mandatory.
In Texas, DWI offenders can face a variety of other punishments. A person will typically have their driver's license suspended for at least 90 days after a first DWI arrest. Additional requirements include community service, Texas Department of Public Safety Driver Responsibility Surcharges, and completion of DWI school. If you need a Montgomery County DWI attorney, call Ronnie Yeates. Ronnie Yeates has handled many different criminal charges across Texas. He has prosecuted and defended clients from traffic tickets to murder. He will ask you for information regarding your case, analyze your situation, and devise a plan of action to fight your case. Ronnie doesn't want to see a one-time mistake potentially have major setbacks in your life.