Houston DUI Lawyer

DWI, DUI, and "Intoxication" under Texas Law:
DWI, or Driving While Intoxicated, will be handled by Houston courts as a felony or misdemeanor based on the case and history of the perpetrator. Driving While Intoxicated, for the first time, is considered a misdemeanor. The Texas Penal Code section explains that "a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place." Jury trials are available to those accused of DWI in Texas. To be convicted, the prosecutor must persuade all jurors of the defendant's guilt beyond a reasonable doubt. A district attorney must present evidence that will hinder the defendant by showing that the defendant was:

A. Operating a motor vehicle
B. In a public area
C. In a county - While intoxicated

The Texas legislature has defined"intoxication" into two definitions:

1. Without maintaining the normal use of physical or mental functions by consumption of alcohol, a drug, a controlled substance, a dangerous drug, two or more of those substances, or other substances consumed; or

2. Having a blood alcohol concentration of 0.08 or more, which is for all intoxication by any substance. There isn't any defense that an intoxicating substance is a prescription drug; if any legal or illegal substance deprives a driver of the normal use of mental or physical functions, the case may be prosecuted.

Click here to read Frequently Asked Questions about DUI and DWI... DWI and DUI Article

You thought it would never happen, but you abruptly find yourself in an unwanted situation. What could you do? Contact Texas drunk driving defense lawyers Jack Carroll or Don Becker to protect your rights! The Texas Department of Motor Vehicles can suspend your license if you refuse to take a breath test, blood test, or urine test. The Houston, Texas law firm of Carroll and Becker talk about the DWI and DUI offense in their article If you are charged with a DWI or DUI charge please contact the law firm of Carroll and Becker, click here...