Texas law is very specific when it comes to terminology. A lot of words that get thrown around in casual conversation have specific, quantifiable, significance in a courtroom — and “intoxicated” is one of these words. What does intoxicated mean, legally? Why is it important?
Because “intoxicated” is different from “drunk,” “hammered,” “bombed,” or “blotto” in that it is actually a legal standard used to convict people of DWI.
This meaning should matter to you, but it should matter even more to your attorney. If you’ve been charged with DWI in Texas you better hope your Houston DWI lawyer knows the science behind intoxication front-to-back, because it’s likely your best chance at beating your DWI charge.
If you or a loved one has been accused of DWI in Texas and need an attorney to fight for you, you need to contact Thiessen Law Firm. We made our name taking complex DWI charges to court and winning them. Call us today at (713) 864-9000 and ask us to do the same for you.
What is a DWI charge?
Under Texas Penal Code § 49.04, two things need to occur for you to be charged with a DWI in the Lone Star State:
- You must be found operating a motor vehicle in a public place; and
- You must be intoxicated.
Establishing that you were operating a motor vehicle and that you were in a public place is usually not difficult for law enforcement, so DWI charges (and DWI trials) generally revolve around the point of intoxication. What makes someone intoxicated, and how can we be so sure as to prosecute them for it? Let’s talk about it.
What does intoxicated mean, legally?
Under the DWI statute above, “intoxicated” means:
- Having a blood alcohol concentration (BAC) of 0.08% or more; or
- Not having the normal use of mental or physical faculties due to the consumption of alcohol, drugs, or a combination of alcohol and controlled substances
To test for intoxication, police don’t just rely on breathalyzers and sobriety tests. If they can’t determine your intoxication using BAC testing, they will usually bring in a Drug Recognition Expert (DRE) to go through the Drug Recognition Expert Protocol. A DRE is a specialist who conducts interviews, eye exams, muscle tone tests, and other examinations to determine non-alcohol-related intoxication.
Continue reading about the science of intoxication and DWI:
- Can You Get a DWI for Weed in Texas?
- Types of Texas Sobriety Tests
- What is a Chemical Test for DUI & DWI?
What’s the difference between drunk and intoxicated?
While “drunk” and “intoxicated” are often used interchangeably in casual conversation, they are distinct in the eyes of the law.
- Drunk is a casual descriptive term that describes intoxication from alcohol — think slurred speech, stumbling, dumb decisions — but “drunk” doesn’t mean anything legally.
- Intoxication, however, is a legal standard described above. Being intoxicated doesn’t mean overt signs of drunkenness or intoxication are present, it only means that a person’s BAC is over 0.08% or their faculties are impaired by drugs or alcohol.
Yes, you can be intoxicated even if you’re nowhere near the legal limit for alcohol. Because the legal standard for intoxication includes impairment from other substances or controlled substances, you don’t have to look drunk, or even be drunk, to be arrested and charged with a DWI.
Difference between DWI and DUI in Texas
Although DWI and DUI are often used interchangeably in conversation, they are very different charges with very different penalties in Texas, similar to the use of “drunk” and “intoxicated”. So, what is the difference between DWI and DUI in Texas?
The standard charge for drunk driving in Texas is a DWI (Driving While Intoxicated). If you’re over 21 years old and operating a motor vehicle while intoxicated, you can expect a DWI — whether it’s your first, second, or third.
DUI (Driving Under the Influence), on the other hand, is a charge that is reserved for minors (anyone under the age of 21) who are caught operating a motor vehicle with any detectable amount of alcohol in their system.
There are two important things to note:
- You don’t have to be legally intoxicated to be charged with a DUI as a minor in Texas.
- If you’re under 21, you can still be charged with a DWI if you are legally intoxicated.
Because DUI is a charge reserved for minors who are often under the legal limit, the penalties for DUI are usually less severe than those for DWI — although minors getting DUI can still expect fines, community service, license suspension, and other serious impacts on their young futures.
DWI penalties in Texas
Texas DWI penalties are steep across the board but will become even steeper if you have prior DWI offenses or aggravating factors. Subsequent convictions also mean it is unlikely that the state will go easy on you, and alternative sentencing programs are likely off the table.
DWI in Texas first offense
A DWI first offense in Texas with no aggravating factors is generally a Class B misdemeanor. Although still relatively steep, because first DWIs are often the first time people encounter DWI laws at all, penalties are meant to act as a deterrent for future offenses — and alternative sentencing is often available. Penalties for first DWIs include:
- Up to 180 days in jail
- Fines up to $2,000
- License suspension for up to one year
- Annual fees of $1,000 to $2,000 for three years to retain your driver’s license
- Mandatory enrollment in DWI education programs
Second DWI in Texas
Your second DWI in Texas is automatically a Class A misdemeanor, and because it signals to the court a pattern of behavior, they are much less likely to be lenient with your punishments. Punishments for a second DWI offense in Texas often include:
- 30 days to one year in jail
- Fines up to $4,000
- License suspension for up to two years
- Installation of an ignition interlock device (IID)
- Annual fees of $1,500 to $2,000 for three years
Third or fourth offense DWI
Third DWI and fourth DWI offenses in Texas are automatically felonies — usually charged as third-degree felonies but sometimes second- or first-degree depending on aggravating factors (more on those in a moment). Penalties for felony DWI usually include:
- 2 to 10 years in prison
- Fines up to $10,000
- License suspension for up to two years
- Mandatory IID installation
- Long-term impact on employment and housing opportunities
Aggravated DWI in Texas
Aggravated DWIs occur when aggravating factors are present, and they elevate the severity of the charge. An aggravated DWI doesn’t necessarily mean facing a felony DWI case, but aggravated DWIs are very often felony DWIs. A few ways your DWI charge can get aggravated include:
- Driving with a 0.15 alcohol level or higher
- Driving with a child passenger under 15 years old
- Causing serious bodily injury or death (called intoxication assault or intoxication manslaughter)
How to beat a DWI in Texas
Although facing a DWI charge can feel like the end of the road, various defenses could lead to beating the charge, many of which have to do with the science and procedures behind determining intoxication. Some defenses may include:
- Contesting BAC results. Breathalyzers and blood test results are often flawed due to improper calibration, contamination, or procedural errors.
- Questioning field sobriety tests. These tests are not only subjective and prone to error — they’re designed to make you fail. Factors like medical conditions or uneven road surfaces can lead to false results, and these should never hold up in court.
- Proving no intoxication. Ultimately the burden of proof falls on the prosecution, and if the prosecution can’t establish intoxication beyond a reasonable doubt, charges may be reduced or dismissed.
- Challenging the traffic stop. It may not be a matter of intoxication at all. Law enforcement must have reasonable suspicion to pull you over, and without it, the stop as well as all evidence discovered during it may be deemed unlawful.
Keep in mind that if your attorney can’t get your DWI dropped or dismissed, they may still be able to secure you DWI deferred adjudication in Texas — if they play their cards right.
Mark Thiessen and the DWI attorneys at Thiessen Law Firm know how to beat a DWI in Texas, and it often means challenging the science behind proving intoxication. Not all attorneys have the knowledge or the experience to do this, but ACS-CHAL Forensic Lawyer-Scientist Mark Thiessen and his team do.
Charged with a DWI in Texas? Thiessen Law Firm has your back.
What does intoxicated mean? Intoxication occurs when alcohol or drugs significantly impair a person’s mental and physical abilities. Because intoxication is the legal standard by which DWIs are charged and convicted, your alleged intoxication could mean the difference between a conviction and a case dismissed.
If you’ve been charged with a DWI in Texas, you need a quality DWI lawyer in your corner now. Every minute your attorney isn’t building your defense is a minute the prosecution advances unchecked. Thiessen Law Firm has a long history of protecting our clients from DWI charges. Through rigorous investigation, unparalleled knowledge of the science, and an unwavering commitment to the truth, we can fight to protect your future.
Don’t let a DWI charge define your future. Call Mark Thiessen and Thiessen Law Firm today at (713) 864-9000 or contact us online for a free consultation.
More Helpful Articles by Thiessen Law Firm:
- DWI with CDL: Can I get a CDL with a DWI?
- How to Avoid Administrative License Revocation
- What Happens at an ALR Hearing in Texas?
- What Is Administrative License Suspension?
- How to Win an ALR Hearing in Texas
