15110 North Dallas Pkwy #400
Dallas, TX 75248
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In the state of Texas, there are multiple laws on the books concerning operating a motor vehicle while under the influence. There are specific statutes for impaired driving, driving while intoxicated, boating while intoxicated, and drug related DWI's. Not only will the primary offense of operating a vehicle while intoxicated be aggressively prosecuted, but you may also have to deal with enhanced penalties if certain other factors were present during the alleged offense.
These factors can include if a minor was in the care, if you had an open container, or if there was an injury. There are also expanded penalties for if property was damaged while driving under the influence. This could mean hitting another car, running into a streetlight, or damaging a place of residence. Even if your case did not involve any kind of personal injury, the prosecutors look very closely at any DUI case that involves accidents or property damage.
Reports published by Texas governmental agencies show that DUI accidents comprise nearly 40 percent of all vehicle crashes involving a fatality. Of those vehicle crashes that result in personal injury each year in the United States, nearly 10% involve alcohol. In 2002 alone, DUI accidents killed more than 17,000 people.
By simply looking at the statistics above, it is obvious that law enforcement is extremely vigilant when it comes to assessing all the factors in a DWI case. Considering the potential for harsh sentencing when it comes to a DWI with property damage, working with a qualified criminal defense attorney is of paramount importance if you want to successfully fight the charges that have been levied against you.
Due to the firm stance that the Texas Penal Code and law enforcement takes with those charged with driving while intoxicated offenses, knowing your options while approaching the situation in the most effective manner with the help of a competent defense lawyer will give you a much better opportunity to effectively argue your case and keep the freedom that you have always enjoyed.
The attorneys of Law Offices of Richard C. McConathy are focused primarily on representing individuals accused of DWI-related crimes in north Texas. With years of prior experience successfully navigating the complex legal system for the clients they defend, Richard McConathy and the rest of the legal team are prepared and able to help you during this inevitably stressful time.
Implementing efficient and developed defense strategies based off the facts of your case, you can rest assured that every factor will be taken into account when fighting for you.
To go over your case in detail with the legal team at Law Offices of Richard C. McConathy, call (972) 233-5700 or send an online message today. The attorneys of Law Offices of Richard C. McConathy proudly represent individuals throughout the Texas counties of Kaufman, Parker, Grayson, Dallas, Collin, Wise, Johnson, Tarrant, Denton, Ellis, and Rockwall.
The specific statutes that discuss driving while intoxicated can be found in Chapter 46 Section 6 of the Texas Penal Code. This statute says that an individual can be charged with a driving while intoxicated offense if they are intoxicated while operating a motor vehicle in a public place.
Although the legal blood alcohol content limit is .08, even being simply "impaired" can lead to an arrest. The higher the alcohol content though, the more severe the potential penalties.
According to the Texas Penal Code, "intoxicated" is defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a combination or two or more of those substances.
The "property damage" aspect of the offense will be added on top of whatever DWI violation you are currently charged with. Texas Penal Code §28.04 states that a person commits an offense of reckless damage or destruction if, without the effective consent of the owner, he or she recklessly damages or destroys the property of an owner.
According to Texas Penal Code §46.06, a driving while intoxicated offense can be penalized as a Class B misdemeanor. If convicted, a Class B misdemeanor comes with a presumptive sentence of up to 180 days in prison and / or a fine not to exceed $2,000. This is in addition to the required 72-hour confinement after the initial arrest.
If there was an open container found during the traffic stop, it will also be Class B Misdemeanor, but the confinement is bumped up to six days.
If it is shown 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. According to the Texas Penal Code, a Class A misdemeanor comes with a presumptive sentence of up to one year in prison and / or fines not to exceed $4,000.
As for property damage, a reckless damage or destruction allegation will be classified as a Class C misdemeanor, which is punished by a fine not to exceed $500.
Texas Department of Motor Vehicles – The Texas Department of Motor Vehicles (DMV) is responsible for registering and titling vehicles in the state, regulating motor carrier operating authority, and helping law enforcement agencies reduce auto theft increase public driving awareness. A Dallas County regional service center is located at:
Texas Dept. of Motor Vehicles
1925 E. Beltline Rd., Suite 100
Carrollton, Texas 75006
Phone: (972) 417-0884
Texas Penal Code – Offenses Against Property – Chapter 28 of Title 7 of the Texas Penal Code defines arson, criminal mischief and other property damage or destruction offenses throughout Texas and the penalties for committing such offenses.
Texas Department of Public Safety – This link is to the Texas Department of Public Safety’s (DPS or TxDPS) listing of potential punishments for alcohol related offenses in Texas, including driver’s license suspensions and revocations, probation and required course attendance. A local DPS office is located at:
East Dallas DPS
11411 E. Northwest Highway Ste. 111
Dallas, Texas 75218
Phone: (214) 5523-0033
A charge for driving while intoxicated with property damage is a complex and difficult allegation to defend. With this fact in mind, the legal process involved will surely be an uphill battle that requires the help of a capable criminal defense attorney.
Richard McConathy and his legal team are immediately prepared to start helping you formulate a defense strategy that helps you effectively argue your case and keep your freedom. Having years of experience dealing with similar DWI-related cases, the attorneys of Law Offices of Richard C. McConathy have proven, through their excellent record of accomplishment, that they will do everything in their power to put you in a more favorable position.
Call (972) 233-5700 to schedule a free and confidential consultation to go over the specifics of your case. Law Offices of Richard C. McConathy proudly represent individuals in and around the north Texas cities of Dallas, Garland, Irving, Carrollton, Richardson, DeSoto, Cedar Hill, Farmers Branch, Addison, Plano, Allen, Wylie, Decatur, Boyd, Cleburne, Keller, Crowley, Fort Worth, Denton, Trophy Club, Midlothian, Decatur, Terrell, Weatherford, Sherman, Rockwall, Burleson, Waxahachie, and Heath, among others.
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15110 North Dallas Pkwy #400
Dallas, TX 75248
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