Is a DUI a Criminal Offense in Texas?

Many people are surprised to learn that driving under the influence, or DUI, and driving while intoxicated, or DWI, are more serious than they might seem. The truth is that a DUI conviction, whether it's a misdemeanor DUI or a felony DUI, can have very serious consequences.

A traffic ticket is typically a civil matter, but a DUI offense is treated very differently. Depending on the circumstances, a person can face penalties that include fines, probation, an ignition interlock device, a suspended license, and, with felony DUI charges, jail time could be on the table, especially with prior DUI convictions.

For drivers in Fort Worth and throughout Texas, understanding DUI laws is very important, as an impaired driving conviction can affect much more than a person's driving privileges. There are possible criminal penalties that can affect a person for years. This includes impacting employment opportunities, professional licenses, insurance rates, and a person's criminal record for years to come.

DUI Offense vs. DWI Offense in Texas -The Difference

One of the things that people get most confused about is the difference between a DUI and a DWI. In Texas, adults are generally charged with driving while intoxicated (DWI) and not driving under the influence (DUI). Under Texas law, a person is considered to be intoxicated if they:

• Have a blood alcohol concentration (BAC) of 0.08% or higher

• Lack the normal use of mental or physical faculties due to alcohol

• Lack the normal use of mental or physical faculties due to drugs or controlled substances

• Are impaired by a combination of alcohol and drugs

The term DUI is usually used for drivers who are under the age of 21 who have detectable amounts of alcohol in their system.

Though the terms are often used interchangeably, Texas DUI laws work differently than Texas DWI laws.

Is a DWI/DUI Conviction a Criminal Offense?

Yes. A DWI or DUI arrest and conviction is a criminal offense in Texas.

Unlike a speeding ticket or other traffic violations, which are civil issues and may end up in municipal court, a drunk driving conviction can result in a criminal record, even with no prior offenses and if its a misdemeanor DUI and not a felony conviction.

The criminal nature of a DUI/DWI means the accused has constitutional rights, including:

• The right to remain silent

• The right to legal representation

• The right to challenge evidence

• The right to a trial

Because of the potential consequences, DWI charges should never be treated as simple traffic matters, even if it's a first offense.

Is a First-Time DWI a Misdemeanor Criminal Charge?

In many cases, a first time DUI is a Class B misdemeanor. This means that potential penalties include:

• Substantial fines

• Jail time

• Community supervision

• Alcohol education requirements

• Driver's license suspension

The outcome depends on the facts surrounding the case, the driver's history, and other factors. A misdemeanor DUI is less serious than a felony offense DUI, but it's still a criminal conviction that can appear on a person's record. For more information, hire a criminal attorney in Fort Worth.

When Can a DWI Become More Serious?

Not all DWI charges are treated the same. There are certain circumstances that increase the severity of the charge, which can lead to more serious penalties.

Examples of this include:

• Having a very high BAC

• Causing an accident

• Having prior DWI convictions (if this is a second offense, third offense, etc.)

• Driving with a child passenger in the motor vehicle

• Causing serious bodily injury

• Causing a fatal accident

As aggravating factors increase, prosecutors may pursue enhanced charges and harsher penalties.

When Is a DWI a Felony?

Many people think that a DUI or DWI is always a misdemeanor, but that's definitely not true. Texas law does allow some offenses to be charged as a felony DUI. These include:

Multiple Prior DWI Convictions

Generally, a first and second conviction are considered misdemeanors, but a third offense is when it may become a felony DUI. Even a first or second offense with aggravating factors may be a felony.

Intoxication Assault

If an impaired driver causes serious bodily injury to another person, it's possible that they will be charged with an assault charge, which is much more serious than a standard DWI/DUI.

Intoxication Manslaughter

If a person dies as a result of being intoxicated, intoxication manslaughter may be filed. These are very serious charges that can lead to long prison sentences.

DWI With a Child Passenger

Driving while intoxicated with a passenger under the age of 15 can also lead to felony prosecution. Even if there is not an accident, if a child is present, it can greatly increase the severity of the case.

What About DUI for Drivers Under 21?

Texas has zero tolerance laws in place for those under the age of 21. A driver who is under 21 can face DUI charges if they have any amount of alcohol in their system. This is true even if they are below the legal limit. A juvenile DUI can still bring about a lot of consequences including:

• Fines

• License suspension

• Community service

• Alcohol awareness programs

Although these cases differ from adult DWI charges, they should still be taken seriously.

Criminal Consequences Beyond Court

Many people focus only on the immediate penalties associated with a conviction.

However, the long-term consequences can sometimes be even more significant.

A criminal conviction may affect:

• Employment opportunities

• Professional licensing

• College admissions

• Housing applications

• Security clearances

• Insurance premiums

Some employers conduct criminal background checks, and a DWI conviction may become a factor in hiring decisions.

This is one reason many individuals choose to aggressively defend against the allegations rather than simply accepting a conviction.

Can You Be Arrested Even if You Feel Fine?

Another common question people have about DWI/DUIs is if they can get arrested for a DUI/DWI even if they feel fine. The answer is yes. A person doesn't have to appear drunk to be arrested for a drunk driving crime. Instead, police officers will rely on other types of evidence, including:

• Driving behavior - Are they going left of center? Not following traffic rules? Weaving? Any of these things is enough for a police officer to arrest someone for suspected DWI/DUI.

• Field sobriety tests - Field sobriety tests are often done, even if the person pulled over claims that they feel fine. If an officer suspects that they are intoxicated, it's very possible that they could ask for field sobriety tests to try to "prove" intoxication.

• Officer observations - Even before field sobriety tests are done, and officer's observations, alone, can lead to arrest, too. This means if they observe anything that can indicate intoxication, they can at least start the process of arrest. They may also observe a person drinking alcohol in a vehicle.

• Breath test results - Breath tests are very common during DWI/DUI stops, and the results of those tests may indicate intoxication...even if the person feels fine. If the breath test shows a BAC higher than the legal limit, the person can be arrested.

• Blood test results - If a blood test is done, which may happen if a person refuses a breath test, if they request a blood test, or to support breath test results, and the result shows a BAC over the legal limit, the person can also be arrested, even if they feel fine.

• Statements made during the stop - Sometimes, a driver might feel fine, but they will admit to drinking and driving. This, too, can lead to a DWI/DUI arrest.

Even if a driver believes they were capable of driving safely, law enforcement may still determine that probable cause exists for an arrest. In this case, the person will be arrested and taken to a local police station for processing.

Can DWI Charges Be Challenged?

Yes. It is very possible to challenge a DUI/DWI conviction. The best way to do this is to work with a lawyer who has experience with these types of charges. Experienced attorneys can create a DWI/DUI defense that can challenge the prosecutions claims. They can help with questions like is a speeding ticket a misdemeanor? Some of the ways they can do this include:

• The legality of the traffic stop - sometimes a police officer may pull a driver over without cause, which may lead to the entire case being thrown out.

• Administration of field sobriety tests - It's very possible, and more common than most people think, to create a defense around the administration of field sobriety tests. There are many ways that a good DUI attorney can challenge the administration of these tests.

• Breath test accuracy - Another common defense for DUI is to argue about the accuracy of breath tests. These machines must be used correctly, calibrated regularly, and maintained. If they are not, they could produce inaccurate results. Additionally, there are are medical conditions and prescription medications that may affect the breath test.

• Blood testing procedures - The accuracy of blood tests may also come into question for drivers charged with DUI or DWI.

• Chain of custody issues - For these tests to be admissible in court, they must go through the right chain of custody. If something happened to the sample along the away, a good attorney will be able to challenge this.

• Constitutional violations - Drivers have Constitutional rights, and if those rights are violated, an attorney can use that as a defense.

• Officer observations - It's also possible that officer observations were simply wrong.

A criminal charge does not automatically result in a conviction. There are many ways that an experienced lawyer can fight these charges, and that's the best chance that those charged with DUI or DWI often have. A DUI/DWI can have significant consequences, and it's important to fight the charges to reduce the chance of lasting consequences.

Why Legal Representation Matters

Because DWI cases are criminal matters, the consequences can be significant in most states, including Texas. However, just because a person is arrested and charged with a DUI or DWI, that doesn't meant that they will be found guilty.

As with any crime, the prosecution must prove that the person is guilty of the charge beyond a reasonable doubt. The job of the defense is to try to bring doubt into the case and show that there could have been other factors at play. Another thing they may do is try to show that the evidence the prosecutors have is tainted or not useable.

An experienced defense attorney will look at a number of pieces of evidence to create a defense for their client. These include:

• Police reports

• Video evidence

• Chemical test results

• Witness statements

• Constitutional issues

The best possible way to beat a DUI or DWI charge is to start working wit a lawyer as soon as possible in order to build a case. Early intervention may also help preserve evidence that could be important to the defense. Generally, the sooner a person can get a lawyer on their side, the better chance they have of getting the best possible outcome. They can also consult on questions such as how much is a wrongful arrest lawsuit worth?

Is a DUI or DWI a Criminal Offense?

Yes. In Texas, a DWI is a criminal offense, and even a first-time charge can carry serious consequences. Depending on the circumstances, an intoxication-related driving offense may be prosecuted as either a misdemeanor or a felony.

Beyond the possibility of fines, probation, or jail time, a conviction can affect employment, professional opportunities, insurance costs, and a person's permanent record. Because every case is unique and the stakes can be high, individuals facing DWI or DUI allegations should fully understand their legal rights and the potential consequences before making decisions about their case.

If you or a loved one is facing a DWI/DUI charge in Texas, reach out to Sparks Law Firm. Free consultations are available. They are experts at helping people in Fort Worth fight criminal charges, including DUI and DWI charges. Since there is a free consultation available, there is nothing to lose by reaching out and seeing how the team can help.