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Temple Criminal Defense > Blog > DWI > Understanding Different Types Of Texas DWI Charges

Understanding Different Types Of Texas DWI Charges


Driving while intoxicated (DWI) is an offense that needs to be taken extremely seriously in Texas for anyone who is facing charges. While many DWIs are charged as misdemeanor offenses, even a misdemeanor can have serious consequences. If you are convicted of a DWI, you could be at risk of losing your job if you are required to operate a motor vehicle as part of your job duties, and you could lose certain types of professional licenses, such as a commercial driver license (CDL). In addition, the conviction can result in jail time, and it will mean that you have a criminal record you must disclose in certain circumstances. Accordingly, it is critical to avoid a conviction.

While many people assume that you can only face DWI charges for drunk driving in your car and having a BAC of 0.08 or more, you should know that you can end up with a DWI in many other situations, and you could be charged with a more serious type of DWI depending upon the circumstances.

DWIs Include Drugged Driving 

Under the Texas Penal Code, you can face DWI charges for blowing a BAC of 0.08 or more after taking a breathalyzer. Yet it is critical to understand that you can face DWI charges for more than drunk driving and having a BAC over the legal limit. Indeed, you can face DWI charges if you are “intoxicated while operating a motor vehicle in a public place.” According to Texas law, intoxicated can mean having a blood alcohol concentration of 0.08 or greater, but it can also mean “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.”

In other words, you can also face DWI charges if you have used a controlled substance, or even if you have taken a prescription medication or over-the-counter drug that has resulted in a limitation of your “normal use of mental or physical faculties” while driving. To be clear, drugged driving can also result in DWI charges.

Intoxicated Operation of Other Motor Vehicles 

Beyond charges for driving while intoxicated, you should also know that you can face similar DWI-related charges for operating other types of motor vehicles while intoxicated. Indeed, you can face Class B misdemeanor charges for flying, boating, or assembling or operating an amusement park ride in Texas while intoxicated. In these cases, intoxicated means the same thing as it does for a DWI: having a BAC of 0.08 or more, or showing other indicators of intoxication.

Contact a DWI Defense Lawyer in Texas to Fight Your Charges 

If you are facing DWI charges or any other type of intoxication-related misdemeanor charges under the Texas Penal Code, an experienced Temple DWI attorney can speak with you today about your options. Our firm can provide you with more information about potential defense strategies, and we can begin developing a defense for your case. Contact The Law Office of Katie L. Gomez, PLLC to learn more about our services.



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