No matter what the facts of the case may be, an alleged driving while intoxicated offense comes with extreme penalties in the state of Texas. Law enforcement is trained to spot and pull over anyone who seems to be impaired even to the slightest degree while on public roads. Considering the fact that you can be charged, convicted and sent to jail in a case that simply involves being impaired, as opposed to actually being above the legal limit, the consequences of any traffic stop can have debilitating effects on your livelihood.
If it is found that you were driving with a blood alcohol content (BAC) of .15 or higher, the charges are immediately, and sharply, increased. This is considered well over the legal limit of .08 and is aggressively prosecuted. With this in mind, understanding your options for defending yourself, while working with a qualified criminal defense attorney, will put you in a much better position to argue your case and keep your freedom.
Dallas DWI with BAC over .15 Attorney
With all of the potential negative ramifications a driving while intoxicated conviction can bring, make certain that you are taking the steps necessary to effectively fight the charges against you. The most important thing you can do in a difficult situation like this is to discuss the details of your case with a criminal defense attorney who has the knowledge and ability to provide capable legal counsel. Working with an attorney will increase your chances for successfully arguing your case, leading to a stronger possibility of getting the charges reduced or completely dismissed.
The attorneys of Law Offices of Richard C. McConathy represent individuals in DWI-related cases in Northeast Texas and have the track record to prove that they know what they are doing. You can be assured that, if you work with the experience and qualified attorneys at Law Offices of Richard C. McConathy, you will be well taken care of. Dedicated to providing excellent client service while ensuring that your rights are protected during this stressful time, they will do everything within their power to increase the likelihood of you effectively arguing your case and moving on with your life.
Call (972) 233-5700 or complete an online form to schedule a risk-free consultation to go over the detail of your case today. The legal team proudly represent individuals accuse of DWI-related offense in the north Texas counties of Dallas, Collin, Wise, Johnson, Kaufman County, Parker County, Grayson County, Tarrant, Denton, Ellis and Rockwall.
Dallas DWI with BAC over .15 Information Center
According to Texas Penal Code §49.04, a person commits a driving while intoxicated offense if the person is intoxicated while operating a motor vehicle in a public place. This offense is considered a Class B misdemeanor, with a minimum term of confinement of 72 hours. If convicted, the presumptive sentence is up to 180 days in prison and / or fines not to exceed $2,000.
If it is shown 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 punishable as a Class B misdemeanor, with a minimum term of confinement of six days.
If analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of .15 or more at the time the DWI test was performed, the offense is punishable as a Class A misdemeanor. If convicted, this charge comes with a presumptive sentence of up to one year in prison and / or fines not to exceed $4,000.
There are also separate and more severe charges for driving while intoxicated with a child passenger. The Tex. Penal Code §49.045 states that a person commits this offense if:
- the person is intoxicated while operating a motor vehicle in a public place; and
- the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
This is considered a state jail felony, which requires that an individual adjudged guilty shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days. In addition to confinement, there may also be a fine not to exceed $10,000.
Having a general understanding of what blood alcohol content is, along with how much is needed to be charged with a DWI, is a valuable resource when dealing with such a process.
In the state of Texas, the legal alcohol limit is an alcohol concentration of .08. This is commonly referred to as blood alcohol concentration or blood alcohol content (BAC). Reaching this number, or any amount above this, is considered driving while intoxicated.
Alcohol concentration is defined in Texas under the Texas Penal Code § 49.01(1) as the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.
To explain this in real world terms, the following examples can be used:
- If a woman in Texas drinks one drink in one hour and weighs 100 pounds, her BAC is likely at .05 – this is three one hundredths away from the legal limit. If she consumes two drinks in one hour, her BAC is probably around a .09, which puts her over the legal limit, and probably will be arrested for DWI if she operates a motor vehicle.
- A man who weighs 180 pounds and drinks four drinks in one hour likely has a BAC of .08, which puts him at the legal limit, and likely to be arrested for DWI if he subsequently operates a motor vehicle.
As a basis of reference, one drink is usually considered a 1.5 ounce shot of 80 proof liquor (or 40% alcohol by volume), one 12 ounce beer (or 4.5% alcohol by volume), or one 5 ounce glass of wine (or 12% alcohol by volume).
Dallas County District Clerk – This link provides individuals access to their criminal records and criminal case information, miscellaneous court information and resources about the justice system throughout Dallas County. The Criminal
District Courthouse is located at:
Frank Crowley Criminal Building
133 N. Riverfront Blvd.
Dallas, Texas 75207
Phone: (214) 653-5960
Texas Offender Education Program – This link can be used to search for approved DWI offender education courses in Dallas. The program, designed by the Texas Department of State Health Services, is available to DWI offenders who have been ordered by a court to attend an approved alcohol or substance abuse education course.
Texas Department of Transportation – This website contains information on the Texas Department of Transportation, the government agency that provides for safe, effective and efficient driving and transportation of people throughout the state. The site provides access to driver’s license information, vehicle registration, certain driving laws and resources for driving in Texas. The Dallas County office address is:
Texas Department of Transportation
12000 Greenville Ave.
Dallas, Texas 75243
Phone: (972) 479-9747
Law Offices of Richard C. McConathy | Dallas County DWI with BAC over .15 Arrest Lawyer
If you or a loved one have been arrested for a suspected DWI with BAC over .15 in North Texas, this time is now to figure out your course of action and fight these charges. The attorneys of Law Offices of Richard C. McConathy are here to provide effective legal counsel during what is a very stressful time in anybody’s life.
With a firm commitment to making certain that your rights are protected, while framing a strong defense strategy, Richard C. McConathy and the rest of the legal team can be counted on to help you throughout the entire process in a professional manner. Their experience and legal acumen will go a long way in increasing your chances of getting the charges reduced or completely dismissed.
Call (972) 233-5700 to schedule a free and confidential consultation to discuss the specifics of your case today. The attorneys of Law Offices of Richard C. McConathy proudly represent individuals in and around the north Texas cities of Dallas, Garland, Irving, Mesquite, Coppell, Duncanville, Plano, McKinney,Decatur,Burleson, Terrell, Weatherford, Sherman, Frisco, Decatur, Alvarado, Grandview, Fort Worth, Arlington, Grapevine, Denton, Lewisville, Waxahachie and Rockwall, among others.