We have compiled lots of useful articles about DWI Defense topics that we think you will find helpful. As we continue to add articles and topics to our resource library. We have divided our resources into the categories listed below.
The DWI Process
On our pages dedicated to explaining the DWI Process, we break down the complicated DWI Process into three different stages and explain what happens during each stage. We begin with what happens before the arrest, go through the pre-arrest investigation process, explain what happens during the arrest, after the arrest and the entire court process through trial. We the delve into what happens after trial during probation and how to remove a DWI from your record. Learn more on the overview page about The DWI Process
Texas DWI Laws
We explain a wide range of Texas laws related to DWI offenses. Each article explains one particular aspect of Texas DWI law in great detail. We analyze topics such as the penalties for conviction, the important definitions in the DWI offense statute and DWI probation issues. Learn more about Texas DWI Laws
Driver’s License Issues
We have addressed a wide variety of Driver’s License topics dealing with license suspensions, reinstatements, occupational licenses, other restricted licenses, ALR Hearings, temporary driving permits and more. Learn more about Driver’s License Topics
While we constantly review the latest scientific research about DWI issues, we believe it is important to share some scientific developments so that you understand the kinds of scientific issues that are important in DWI Defense. Read more about DWI Science
DWI Law TOPICS
The basic DWI law in Texas is found in Chapter 49. Section 49.04 of the Texas Penal Code. Other criminal intoxication-related offenses are found in the same chapter, including public intoxication, intoxication assault and intoxication manslaughter. See a complete list of intoxication offenses
DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
–Section 49.04 of the Texas Penal Code
The core elements of the basic DWI law are 1) intoxication, 2) operation 3) motor vehicle and 4) public place. Each of these core elements are important for DWI Defense strategy. The state must prove that your behavior fit all three of these in order to convict you.
Whether you were intoxicated is usually the key question in a DWI Defense case. If the state can’t prove that you were “intoxicated” under the law, then you cannot be convicted. “Intoxicated” is defined in Section 49.01 of the Penal Code. Learn more about the definition of intoxicated under Texas law
There are no separate offenses described as DWI 1st, DWI 2nd and DWI 3rd or more. Instead, the offense is just DWI, but the sentence is enhanced based on prior DWI convictions under Section 49.09 of the Texas Penal Code. There are other enhancements related to DWI that the state can charge as well, including “possession of alcoholic beverage in motor vehicle” or having a BAC over 0.15. Note that DWI with child passenger is an entirely separate offense.
Additional DWI-related laws are found in the Texas Transportation Code and the Texas Code of Criminal Procedure (TCCP). For instance, driving license laws are found in the Texas Transportation Code, and the TCCP removes DWI from eligibility for deferred adjudication.