Attorney For DWI Offenses In Fort Bend County
DWI – Driving While Intoxicated
A person commits the crime of DWI if the person is intoxicated while operating a motor vehicle in a public place. “Intoxicated” means 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.
Intoxication may be proven with respect to (a) physical faculties; (b) mental faculties or (c) alcohol concentration. The State need only prove one of the above.
First DWI Offense
A first offense DWI is a class B misdemeanor punishable by a fine of up to $2,000 and 3 to 180 days incarceration in the county jail and license suspension of 90 days to 1 year. If an open container of alcohol is present in the vehicle, the minimum term of confinement increases to 6 days. If the person had an alcohol concentration of .15 or more, the offense is a class A misdemeanor with a fine of up to $4,000.00 and up to 1-year confinement.
A second DWI is a class A misdemeanor which carries a fine of up to $4,000 and 30 days to 1-year incarceration plus license suspension.
DWI Offenses Involving A Child Passenger
The crime of DWI with Child Passenger is committed when the person operates a motor vehicle in a public place while intoxicated and the vehicle is occupied by a passenger who is younger than 15 years of age. DWI with Child Passenger is a state jail felony punishable by a fine not to exceed $10,000 and a term of confinement not less than 180 days nor more than 2 years.
DWI is ordinarily a misdemeanor litigated in the county courts. However, if a person has been convicted twice before of a DWI crime, the offense is a third-degree felony for which the district courts have jurisdiction. Likewise, if a person has been previously convicted of Intoxication Manslaughter, the offense if a third-degree felony punishable by a fine not to exceed $10,000 and not less than 2 nor more than 10 years in prison.