If you have been charged with a drug or alcohol related offense throughout Dallas, you could receive severe penalties and repercussions if convicted. An individual does not have to be charged with a driving while intoxicated (DWI) or driving under the influence (DUI) of alcohol or drugs offense to receive a license suspension, jail or prison sentence and/or steep fines. Some of the most common offenses similar to DWI can include, but are not limited to the following:
- Public Intoxication
- Minor in Possession of Alcohol
- Open Container in Vehicle
- Possession of Alcoholic Beverage in Motor Vehicle
- Possession of a Controlled Substance
- Possession of Marijuana
- Possession of Drug Paraphernalia
- Resisting Arrest
- Common Moving Violations
Without a solid defense, an individual charged with any alcohol or drug offense could also face negative job or educational consequences, negative impact on government assistance and/or a possibly permanent criminal record. If you have been charged with an offense related to drug or alcohol use, it is important to hire an experienced Dallas DWI lawyer.
If you have refused to submit to chemical testing or failed a blood or breath intoxication test for DWI, you only have 15 days to request an administrative license suspension to get your license back.
Offenses Often Related to DWI in Texas
If you have been charged with an offense related to DWI in Dallas, or any of the surrounding areas in Texas, including Garland, Grand Prairie, Irving, Denton, Decatur, Terrell, Weatherford, Sherman, Rockwall, Burleson, Waxahachie, Plano, McKinney, Fort Worth, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy. Attorney Richard McConathy is experienced in defending all offenses related to DWI in Texas and will make every to help you avoid harsh punishments and negative effects to your alleged offense.
Call Law Offices of Richard C. McConathy for a free consultation today at (972) 233-5700 or fill out an online form. When you are being charged with more than one crime, it’s doubly important to speak with an attorney who can confidently defend all aspects of your case. Our attoreys have stratgic and proactive techniques that can be an asset in your unique situation.
Dallas Related DWI Offenses Information Center
- Dallas Definition of Driving While Intoxicated
- Charges Similar to DWI Under Texas Law
- Possible Penalties for Offenses Related to DWI
- Resources for Related DWI Offenses in Dallas
Under the Texas Penal Code § 49.04, an individual can be charged with DWI in Texas if they operate a motor vehicle in a public place while intoxicated.
Intoxicated is defined in Texas as not being able to use normal mental or physical faculties from the consumption of alcohol, or having an alcohol concentration of .08 or more, which is the legal limit in Texas. Alcohol concentration is the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood or 67 milliliters of urine.
A motor vehicle in Texas can be anything that is used to transport a person or property, except for devices that are used exclusively on stationary rails or tracks, such as railroads.
- Public Intoxication – Tex. Penal Code Ann. § 49.02 – An individual can be charged with this offense if they appear in a public place while so intoxicated they may endanger themselves or another person. This offense is punishable as a Class C misdemeanor, unless the person is under the age of 21, which can result in a Class C misdemeanor for a first offense.
- Possession of Alcoholic Beverage in Vehicle – Tex. Penal Code Ann. § 49.031 – An individual can be charged with this offense if they knowingly possess an open container in a car that is located on a public highway, regardless of the car is parked or in operation. This offense is punishable as a Class C misdemeanor.
- Minor in Possession of Alcohol – Tex. Alc. Bev. Code Ann. § 106.05 – A person under the age of 21 can commit this offense if they possess an alcoholic beverage except in limited circumstances. This offense is generally punishable as a Class C misdemeanor for a first offense.
- Possession of a Controlled Substance – Tex. Health and Safety Code Ann. §§ 481.115 – .118 – A person can be charged with this offense if they knowingly or intentionally possess a controlled substance listed in Penalty Group 1 – 4, unless the person had the substance from a valid prescription. This offense can result in a conviction for a Class B misdemeanor up to a first degree felony, depending on the penalty group the substance falls into and the amount of the substance possessed.
- Possession of Marijuana – Tex. Health and Safety Code Ann. § 481.121 – An individual can be charged with this offense if they knowingly or intentionally possess a useable amount of marihuana. This offense can result in a conviction for a Class B misdemeanor through a second degree felony, depending on the amount of marijuana possessed.
- Possession of Drug Paraphernalia – Tex. Health and Safety Code Ann. § 481.125 – A person can commit this offense if they knowingly or intentionally use or posses with the intent to use any drug paraphernalia to grow, harvest, cultivate, manufacture, prepare, pack, test, store, produce, conceal, ingest, inject or inhale a controlled substance or marijuana. This offense is punishable as a Class C misdemeanor.
The penalties for offense related to drug or alcohol use in Texas can result in various penalties, ranging from simple misdemeanor offenses to serious felonies. Chapter 12 of the Texas Penal Code defines potential punishments for offenses in Texas. However, the degree of offense and penalty can vary depending on the alleged offender’s prior criminal history, the severity of the offense, whether the offender is considered a habitual offender and/or any other elements as provided for by the offense.
Class C misdemeanor offenses are punishable in Texas by a fine up to $500.
A class B misdemeanor offense in Dallas can result in a maximum of 180 days in jail and/or a fine not more than $2,000.
An offense that is punishable as a Class A misdemeanor can result in a sentence up to one year in jail and/or a fine up to $4,000.
A state jail felony conviction can result in a jails sentence from 180 days to two years and/or a fine not more than $10,000.
Offenses classified as third degree felonies can lead to a sentence from two years to ten years in prison and/or a fine up to $10,000.
A felony of the second degree conviction can result in a prison sentence from two years to 20 years and/or a fine not more than $10,000.
An offense punishable as a first degree felony can lead to imprisonment from five years to not more than 99 years and/or a fine not exceeding $10,000. Many offenses involving drugs or controlled substances can result in an increased minimum prison sentence of 10 years and a fine up to $50,000.
Many alcohol offenses are punishable by a minimum of three days in jail.
Additional penalties for alcohol and drug related offenses can include community supervision, monthly reporting to a probation officer, community service, court costs, attendance at an approved alcohol or drug education program, installation of an ignition interlock device and/or license suspension.
Texas Constitution and Statutes – Penal Code – This link is to Chapter 49 of the Texas Penal Code, which defines offenses related to intoxication in Texas, including DWI, public intoxication and possession of an alcoholic beverage in the vehicle, and the potential penalties for a conviction for any of these offenses.
Texas Constitution and Statutes – Alcoholic Beverage Code – This link is to Chapter 106 of the Texas Alcoholic and Beverage Code, which defines juvenile offenses related to alcohol, including juvenile DWI and minor in possession of alcohol, and the potential penalties for a conviction for any of these offenses.
Alcohol Related Offenses – This link is to the Texas Department of Public Safety’s (DPS or TxDPS) possible punishments for offenses related to alcohol 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
Law Offices of Richard C. McConathy | Dallas/Fort Worth Related DUI Offenses Attorney
Contact Law Offices of Richard C. McConathy today for a consultation about your offense related to DWI throughout Dallas County in Texas. Richard McConathy is an experienced DFW lawyer for DWI who will make every effort to help you achieve the best possible outcome for your alleged offense.
Call (972) 233-5700 for a consultation about your alleged alcohol or drug related offense throughout Dallas County in Texas and the surrounding counties of Wise County, Kaufman County, Parker County, Grayson County, Rockwall County, Johnson County, Ellis County, Denton County, Collin County and Tarrant County.