In Texas, only persons under 21 years of age can be charged with DUI.
DUI refers to a person who has some alcohol in his or her system, but not enough to rise to the level of a DWI, which requires either a blood alcohol content level higher than .08 or the loss of the person’s normal use of their mental or physical faculties. The reason for this is because it is illegal for person’s under 21 years of age to consume any amount of alcohol. The police officer must only detect the “presence of alcohol” in the person’s system. This is usually proven simply by the officer claiming to smell alcohol eminating from the breath or person of the accused individual.
Duckworth & Ray LLP can provide a strong defense for your drug charges or DWI case.
You can receive a DWI at any age if the state can prove beyond a reasonable doubt that either your blood alcohol content level was greater than .08 or that you’ve lost the normal use of your mental or physical faculties. Your first DWI is a Class B misdemeanor, unless a child is in the car or an accident occurs. Your second DWI is a Class A misdemeanor. Your third, and any subsequent DWI, are felonies.
How Your Criminal Defense Attorney Pleads Your DUI/DWI Case
There are many ways that the state can attempt to prove that you are guilty of DWI. The police officer will ask you to provide either a breath or blood sample, which is necessary to prove your blood alcohol content. DO NOT PROVIDE the sample. The machines used are not always reliable. The police officer will ask you to conduct field sobriety tests which are not suitable for all individuals who are being investigated for DWI. Police are trained to treat all individuals in a cookie-cutter fashion, although age, health, the environment in which the tests are performed, and other facts specific to your case (such as being involved in an accident), can unfairly influence your performance of these tests. Furthermore, there are very strict requirements on the officer to execute the eye test (HGN) properly and to communicate and demonstrate the other tests accurately in an appropriate setting. We have the experience necessary to evaluate not only your appearance and performance on the videos taken of you during the police investigation of you, but also of the officer’s performance.
DWI convictions have damaging consequences. Let our DUI/DWI Attorney fight for you.
Please do not simply plead guilty and take whatever the prosecutor offers you. Having a conviction for DWI can affect you monetarily (including insurance rate hikes and driver’s license surcharges), but can also affect your ability to drive freely and cause future arrests for DWI to be enhanced to even more serious degrees. Contact us for a free consultation for DUIs, DWIs, or any other criminal case.