DWI-Related Definitions

When charged with driving while intoxicated (DWI) in Dallas, it is important to understand the weight, severity, and parameters of the offense you are facing. Since legal definitions vary state-by-state, and the common definition of a word in society is often drastically different than the legal definition in the Texas statutes, knowing how words are defined according to DWI may help you better see the challenges and opportunities in your DFW area DWI case.

Beyond personal research, an experienced DWI defense lawyer serving the Dallas area can assist you in understanding your drunk driving charge, as well as help you fight against it. When considering the services of a DUI attorney, it is best to contact him as soon as possible after your arrest.

DWI Related Definitions

DWI Related Definitions in Texas

A DWI charge in Texas is a serious offense that can be complex; understanding these complexities can help you and your Dallas drunk driving defense lawyer see opportunities for a defense that you may not otherwise notice. If you have been arrested for DWI in the Dallas area, including Dallas County, Denton County, Collin County, Kaufman County, Parker County, Grayson County, Tarrant County, Rockwall County, Johnson County, Wise County, and Ellis County, contact the experienced DFW defense lawyers at Law Offices of Richard C. McConathy.

They will help you better understand the challenges and opportunities your Dallas DWI case will face while fighting to protect your rights and future from conviction. For more information on what Law Offices of Richard C. McConathy can do for your Dallas area DWI, call (972) 233-5700 today and schedule your free initial case consultation.

Important DWI-Related Legal Definitions in Texas

  • Actual Physical Control: Texas and United States Case Law – the exclusive physical power and present ability to operate, move, park, or direct whatever use or non-use is to be made of the motor vehicle at the moment
  • Alcohol Concentration: Texas Penal Code § 49.01(1) – the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine
  • Alcoholic Beverage: Texas Alcoholic Beverage Code § 1.04 – alcohol, or any beverage containing more than half a percent of alcohol by volume that is capable of use as a beverage either alone or when diluted
  • ALR Suspension: Texas Administrative Code § 159.3(2) – An administrative driver’s license disqualification, suspension, or denial under the ALR (Administrative License Revocation) program
  • Controlled Substance: Texas Health and Safety Code § 481.002(5) – a substance, such as a drug, adulterant, and dilutant, listed in the Texas Drug Schedules I through V or Texas Penalty Groups 1, 1-A, or 2-4; includes the total weight of any substance containing a controlled substance
  • Dangerous Drug: Texas Health and Safety Code § 481.0001(2) – a device or drug unsafe for self-medication not listed in Texas Drug Schedules I through V or Texas Penalty Groups 1, 1-A, or 2-4, including devices or drugs bearing one of the following warnings:
    • “Caution: Federal law prohibits dispensing without prescription” or “Rx Only”
    • “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian
  • Driver: Administrative Code § 159.3(10) – a person who drives or is in actual physical control of a motor vehicle
  • Drug: Texas Health and Safety Code § 481.002(16) – a substance that is recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia, official National Formulary, or as a supplement to one of those, and is intended to affect the structure or function of human or animal bodies in the diagnosis, cure, mitigation, treatment, or prevention of disease
  • Intoxicated: Texas Penal Code § 49.01(2) – lack of the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, any other substance, or any combination into the body or due to having an alcohol concentration of .08 or more
  • Motor Vehicle: Texas Penal Code § 32.34(2) – a device in which, on which, or by which a person or property is or can be transported or drawn on a highway, excluding those used exclusively on stationary rails or tracks
  • Open Container: Texas Penal Code § 49.031(a)(1) – a bottle, can, or another container that has any amount of alcoholic beverage in it and has been opened, had its contents partially removed, or has a broken seal
  • Operate: Texas Transportation Code § 724.001 – to drive or be in actual physical control of a motor vehicle or watercraft
  • Passenger Area of a Motor Vehicle: Texas Penal Code § 49.031(a)(2) – the area of a motor vehicle that is designed for the seating of the operator and passengers, excluding the glove compartment or similar storage unit, the trunk, or the area behind the last upright seat if there is no trunk
  • Public Highway: Texas Penal Code § 49.031(a)(3) – the entire width between and immediately adjacent to the boundary lines of any publicly-maintained road, street, highway, interstate, or way if any part is open for motor vehicle travel used by the public
  • Public Place: Texas Penal Code § 1.07(40) – any place to which the public or a substantial group of the public has access, including streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops
  • Serious Bodily Injury: Texas Penal Code § 49.07(b) – an injury that causes serious disfigurement, protracted loss or impairment of a body part or function, or creates a substantial risk of death
  • Watercraft: Texas Penal Code § 49.01(4) – a vessel, one or more water skis, an aquaplane, or other device used to transport or otherwise carry a person on water, other than those propelled solely by the water’s current


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DWI Defense Attorney in Dallas-Fort Worth | Law Offices of Richard C. McConathy

If you have been arrested and charged with DWI anywhere in the Dallas-Fort Worth Metroplex, including Richardson, Addison, Garland, Irving, Grapevine, Grand Prairie, Denton, Plano, Frisco, McKinney, Decatur, Terrell, Weatherford, Sherman, Rockwall, Burleson, Waxahachie, Arlington, Mesquite, Carrolton, Lewisville, and the surrounding areas, contact the experienced Dallas drunk driving defense lawyers of Law Offices of Richard C. McConathy. They will work with you to help you understand your case while building a comprehensive, customized defense to fight for a reduction or dismissal of charges. 

Your first consultation with Law Offices of Richard C. McConathy is free, so call (972) 233-5700 today and schedule yours.

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