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Temple Criminal Defense > Blog > DWI > Myths About DWI Charges In Texas

Myths About DWI Charges In Texas


There are many myths and misconceptions concerning driving while intoxicated charges (DWI) in Texas, and it is critical to be able to tell fact from myth. If you are facing DWI charges in Texas, it is important to have a clear understanding of the possible consequences of the charges. Our Temple DWI defense lawyers want to provide you with information about some of the most common misconceptions about DWI charges and to ensure that you have the facts you need.

DWI Myth #1: You Are Only Facing a Traffic Offense, So It Is Not a Big Deal

 Fact: Under the Texas Penal Code, even a first-time DWI offense is a Class B misdemeanor, and it can be a Class A misdemeanor if you have a blood alcohol concentration of (BAC) of 0.15 or higher. With a conviction, you will have a criminal record, you could lose your job if it requires driving, and you could face significant fines and jail time.

DWI Myth #2: You Cannot Go to Prison for a DWI

 Fact: For a Class B misdemeanor, you can face up to 180 days in jail, and a Class A misdemeanor can result in up to one year in jail. If you are convicted of a DWI with a child passenger, or a DWI that involves bodily injury, you will face felony charges that will involve additional jail or prison time.

DWI Myth #3: You Can Only Face DWI Charges If You Have a BAC of 0.08 or Higher 

Fact: Driving while intoxicated in Texas can be charged even if a person never takes a breathalyzer test to determine their BAC. The definition of “intoxicated” includes either having a BAC of 0.08 or higher, or “not having 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.”

DWI Myth #4: You Cannot Be Charged with a DWI If You Are Parked 

Fact: Even if you are sitting behind the wheel of a vehicle that is not in motion, you may still face DWI charges.

DWI Myth #5: You Cannot Contest Breathalyzer Results 

Fact: There are many different ways in which you may be able to contest the results of a breathalyzer in Texas. In some circumstances, the breathalyzer machine itself may be faulty, and if you had a blood sample taken through another type of chemical test, you may be able to show that the methods were defective or that the sample was tainted. In addition, you may be able to contest the results of a breathalyzer by showing that the police officer who administered it was not properly trained and erred while administering the test. In short, you may have multiple defense options even if the police have a breathalyzer result.

Contact a Temple DWI Defense Lawyer

 When you are facing DWI charges in Texas, you should always have an experienced attorney on your side to help you avoid a conviction. One of the Temple DWI defense attorneys at The Law Office of Katie L. Gomez, PLLC can begin discussing DWI defense options with you today.



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