DWI Lawyer Conroe

Conroe DWI Lawyer

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DWI Lawyer Conroe

Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI), are frequently prosecuted criminal offenses in Texas. They are also subject to administrative penalties. If the alcohol concentration in a person’s blood, breath or urine is.08 percent or higher, the person is considered intoxicated by law. Let our experienced DWI Conroe Lawyer help you with your case.

With some circumstances under the Texas DWI laws, the legal definition of intoxication is met even if a person’s alcohol concentration is lower than.08 percent. If the person is operating a vehicle, vessel or even water skis in a public place, he or she is considered to be driving while intoxicated, which is a Class B misdemeanor in Texas.

The minimum amount of jail time in Texas for driving while intoxicated is 72 hours, unless there is an open container of alcohol in the person’s possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle also is an offense in Texas.

In addition to jail time, a person who is convicted of Texas DWI the first time will have his or her driver’s license suspended for 90 days to one year. Even if there is no conviction, the positive indication of alcohol from a blood, breath or urine test will result in automatic suspension of the person’s driver’s license. The person also may be required to complete an alcohol educational program for those who have operated motor vehicles while intoxicated.

Refusing to submit to a blood, breath or urine test in Texas also carries penalties. If an officer has reason to believe that a person is driving while intoxicated, and the driver refuses to submit to a test, the person’s driver’s license will be automatically suspended for a minimum of 90 days if the person is 21 years of age or older, and for at least one year if the person is under 21. The period of license suspension increases with every subsequent test that shows an alcohol concentration above the legal limit, and with each time a person refuses to submit to alcohol testing. For example, if a person refuses to be tested for intoxication and there has been an alcohol or drug related conviction or license suspension within the previous five years, the person will lose his or her license automatically for one year. Under any circumstances, however, the person is entitled to a hearing.

If the alcohol concentration in a person’s blood, breath or urine is.08 percent or higher, the person is considered intoxicated by law.

If an officer has reason to believe that a person is driving while intoxicated, and the driver refuses to submit to a test, the person’s driver’s license will be automatically suspended for a minimum of 90 days if the person is 21 years of age or older, and for at least one year if the person is under 21. If a person refuses to be tested for intoxication and there has been an alcohol or drug related conviction or license suspension within the previous five years, the person will lose his or her license automatically for one year.

The Texas Penal Code On DWI States:

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

Sec. 49.01. DEFINITIONS. In this chapter:

(1) “Alcohol concentration” means the number of grams of alcohol per:

(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.

(2) “Intoxicated” means

(A) Not having the normal use of your mental or physical faculties due to 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
(B) having an alcohol concentration of .08 or more.

(3) “Motor vehicle” has the meaning assigned by Section 32.34(a).
(4) “Watercraft” means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.
(5) “Amusement ride” has the meaning assigned by Section 2151.002, Occupations Code.
(6) “Mobile amusement ride” has the meaning assigned by Section 2151.002, Occupations Code.


Amanda Webb – The Webb Firm, P.C. – DWI Lawyer in Montgomery County Texas

Amanda Webb, Former Prosecutor for Montgomery County and other Webb Firm, P.C. Lawyers have extensive experience in helping individuals who have been charged with this crime. Our lawyers have the trial experience needed to achieve the outcomes desired by our clients. If you’ve been charged with this crime, please call: 936-647-3352 or contact us here.

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The Webb Firm, P.C.
505 N. Main St.
Conroe, TX 77301
Phone: 936-647-3352
Fax: 281-936-0266
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