DWI / Driving While Intoxicated

Driving While Intoxicated or DWI charges are prosecuted aggressively no matter the state. When a driver makes the decision to drive under the influence of drugs or alcohol they risk hurting themselves or others. Whether a driver harms another or not while driving while intoxicated, the penalties for this conduct are severe.

Under Tex. Penal. Code. § 49.04, a person can be charged with Driving While Intoxicated if they have a Blood Alcohol Concentration (BAC) of .08 or more or any amount of an unlawful drug or controlled drug in their system while operating a motor vehicle in a public place. It is also important to know that Under Tex. Pen. Code Ann. § 49.01(2), “intoxicated” is defined as not having the normal use of mental or physical faculties due to the consumption of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of the substances listed or any other substance in the body. This means that a person can be intoxicated even if they have a BAC of less than .08 when their abilities are impaired as a result of drugs and/or alcohol.

When someone is arrested for Driving While Intoxicated, they have a mandatory minimum term of confinement of 72 hours in jail. This can result in significant challenges for someone with a job or for someone who has a responsibility that requires their daily attention. DWI convictions can also lead to the loss of certain rights and privileges. This includes, but is not limited to operating a motor vehicle, voting, having a professional license, receiving certain government benefits, and owning a firearm.

Weatherford, Texas DWI / Driving While Intoxicated Attorney

If you or a loved one has been charged with driving while intoxicated it is important to speak with the lawyers at the Law Offices of Richard C. McConathy. Our lawyers have decades of experience representing those charged with various drug and alcohol offenses throughout the state of Texas. We will work diligently to protect your rights from the beginning until your case is resolved.

Resolving your legal issues may seem like a daunting and challenging task. By contacting the attorneys of the Law Offices of Richard C. McConathy, you are taking the first step in ensuring that your rights are protected and that you get the best possible outcome.

Contact the attorneys of Law Offices of Richard C. McConathy at (817) 458-3226 today for a free initial consultation. We proudly represent individuals accused of committing DWI-related offenses in Parker County, Texas, including Weatherford, Springtown, Willow Park, and Aledo.

We also represent individuals charged with Driving While Intoxicated offenses in surrounding areas including Tarrant County, Denton County, Wise County, Collin County, Johnson County, Hood County, and Jack County.

Common DWI Charges We Handle

• First DWI;
• Second DWI;
• Third DWI;
• Felony DWI;
• DWI with a Child Passenger;
• Intoxication Assault;
• Intoxication Manslaughter;
• Driving While Intoxicated over 0.15 BAC;
• Juvenile / Underage DWI;
• Commercial DWI;
• Impaired Driving;
• Driving While Intoxicated and Marijuana;
• Driving While Intoxicated and Prescription Drugs;
• DWI and OTC Drugs;
• Driving While License Suspended;
• Driving While Intoxicated Test Refusal;
• License Suspension Hearings; and
• Driving While Intoxicated Expungement

Enhanced Driving While Intoxicated Charges

In some instances, driving under the influence charges can be enhanced. In this case, defendants may face harsher penalties. For example, Driving While Intoxicated charges in Texas may be enhanced if:

• a minor was in the car at the time of the incident;
• the driver caused serious bodily injury or death to an individual which is known as “Intoxicated Assault”;
• there was an open container in the vehicle;
  the driver caused the death of an individual, which enhances a DWI offense to “intoxicated manslaughter”, or
• the driver has a prior Driving While Intoxicated conviction.

Driving While Intoxicated Penalties

Penalties may vary depending on each Driving While Intoxicated charge. The following are examples of common Driving While Intoxicated or Driving While Under the Influence Penalties:

• Heavy fines and yearly fees – ranging from $2,000 to $10,000 depending on whether this is an individual first, second or third DWI charge.
• Jail/Prison time – All Driving While Intoxicated offenders are subject to a mandatory minimum of 72 hours in jail. Third-time offenders are subject to no less than 2 years and no more than 10 years in prison if convicted. Jail or prison time will also depend on whether the charge is enhanced or not. An enhancement can increase the jail time for Driving While Intoxicated offenses severely.
• License suspension – It’s common for those charged with DWI’s to have their license suspended for a period of time. This time typically ranges from 90 days up to one year for a first offense, a minimum of a year for a second offense, and one to two years for a third offense. Like with jail sentences, the administrative penalties for Driving While Intoxicated increase with each additional conviction. To get your license back, the court will likely require that you install an ignition interlock device (IID). An IID is a device that is installed in a vehicle that requires the driver to blow into it before the vehicle starts. If the IID detects any alcohol on the driver’s breath, the vehicle will not start and the ignition will log and flag the sample.
• Community Supervision – includes monthly reporting to a probation officer and random drug/alcohol testing.
• A Criminal Record – criminal records can have lasting effects in employment, housing, education, and other areas of one’s life such as receiving government benefits.

Law Offices of Richard C. McConathy can help you navigate the legal system and will negotiate any potential penalties and punishment on your behalf. We believe that sometimes people make mistakes, but this mistake shouldn’t cost them everything they’ve ever worked hard for.

Resources for Driving While Intoxicated in Parker County, Texas

Texas Constitution and Statutes – This link directs you to § 49.04 of the Texas Penal Code which defines the offense of Driving While Intoxicated in Texas. This resource also explains the potential penalties for a DWI conviction in Texas.

Texas Department of Public Safety- Alcohol-Related Offenses – The Texas Department of Public Safety (TxDPS) is responsible for the distribution and regulation of licenses in the state. This resource explains common court requirements for people charged with or convicted of Driving While Intoxicated in the State of Texas. This resource also provides a link for users to pay a $100 fee to reinstate their license.

Texas Alcoholic Beverage Commission – The Texas Alcoholic Beverage Commission (TABC) is a state agency that regulates the alcoholic beverage industry throughout Texas. On this page, you can find information regulating the consumption, sale, and use of alcohol throughout the State of Texas.

Find a DWI Attorney in Weatherford, Texas | Law Office of Richard C. McConathy

If you or a loved one were arrested for a Driving While Intoxicated charge in Parker County, Texas, or surrounding areas it is important to speak with the experienced lawyers of the Law Offices of Richard C. McConathy as soon as possible. The lawyers of the Law Offices of Richard C. McConathy are dedicated to protecting the rights of their clients and working with clients to reach a positive resolution. Contact us at (817) 458-3226 today to speak with an experienced DWI Attorney.