Driving While Intoxicated

In the state of Texas, a person commits the offense of driving while intoxicated if the person is intoxicated while operating a motor vehicle in a public place. 
"Intoxicated" means:

• not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

• having an alcohol concentration of 0.08 or more.

If a law enforcement officer has reasonable suspicion that a person is driving while intoxicated, he may make a traffic stop.  During the traffic stop, the officer will examine the driver for signs of intoxication.  If the officer has reason to suspect that the driver is intoxicated, they may ask the driver to consent to a breath alcohol test and/or field sobriety tests.  If the driver has a blood alcohol level of 0.08% or higher, or if the person fails his/her field sobriety tests, the officer may make a DWI arrest.   

Please see attorney Doug Atkinson’s D.W.I./D.U.I. website for information at www.conroedwi.com.

License Suspension

Once a driver has been arrested for DWI, he/she will be asked to submit to another blood, breath or urine alcohol test after he/she has been brought to the police station.  If the person’s blood alcohol level is 0.08% or greater, or if the person refuses to submit to the blood alcohol test, he/she will be served with a Notice of Suspension and provided with a temporary driver’s permit.  From the time of the driver’s arrest, he/she only has 15 days to schedule an ALR hearing to contest the suspension of his/her driver’s license.  If the driver does not schedule his/her hearing, his/her driver’s license will remain suspended for ninety days to two years. Call immediately if arrested for a D.W.I., D.U.I., B.W.I., or other alcohol related offense to protect your driver’s license.

DWI- Penalties

Any person who is convicted of DWI may be sentenced with jail time, fines, community service, probation, and mandatory rehabilitation.  D.W.I. crimes may be classified as a misdemeanor or a felony offense. Classification depends on if the person has prior D.W.I. convictions, if there was a child in the car, if there was accident or if someone was injured or even killed as a result of the D.W.I. The penalty range for D.W.I., therefore, can range from probation or 180 days in county jail to life in prison. Additionally, the person may lose his/her right to drive in the State of Texas.   

Please see attorney Doug Atkinson’s D.W.I./D.U.I. website for information at www.conroedwi.com.

Montgomery & Walker County Criminal Defense Attorney Douglas W. Atkinson

People who have been charged with DWI in Montgomery and Walker County need to obtain the services of a qualified criminal defense attorney who has successfully handled prior DWI cases.  Doug Atkinson is an aggressive criminal attorney who places every effort into his clients’ defense.  When people hire Doug Atkinson, they can be assured that they will be given thoughtful consideration, effective legal representation, and one-on-one counsel from an experienced, aggressive lawyer.  

Contact us about your legal matter today!