Related DWI Offenses

Arrests for driving while intoxicated (DWI) are extremely common in Texas, but it is not uncommon for many people to face additional criminal charges. Depending on the circumstances surrounding your arrest, it may be possible to be facing multiple criminal charges relating to a single traffic stop.

Certain additional crimes could impact DWI sentencing, but most other crimes will involve their own separate penalties that could be imposed in addition to DWI penalties. A person who is facing multiple charges stemming from a single DWI arrest will want to be sure that they invest in legal representation for assistance fighting the criminal charges.

Weatherford Related DWI Offenses Attorney

If you were arrested for DWI in Parker County and charged with other crimes as well, you should not wait to seek the help of a criminal defense lawyer. Make sure you have somebody on your side to defend your good name.

The Law Offices of Richard C. McConathy has handled scores of DWI cases in North Texas and knows how to help people overcome multiple criminal charges. You can have us take a closer look at your case and talk about everything you are dealing with when you call (817) 458-3226 or contact our firm online to receive a free consultation.

Types of Related DWI Offenses in Texas

Texas Penal Code § 49.01(2) defines intoxicated as meaning 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. An alcohol concentration is defined under Texas Penal Code § 49.01(1) as meaning the number of grams of alcohol per 210 liters of breath; 100 milliliters of blood; or 67 milliliters of urine.

Some of the most common criminal offenses alleged offenders are charged with in addition to DWI include:

• Public Intoxication — Under Texas Penal Code § 49.02, a person commits a public intoxication offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. A premise licensed or permitted under the Alcoholic Beverage Code is a public place. This is a Class C misdemeanor. An offense is not a lesser included offense under Texas Penal Code § 49.04 (DWI). An offense committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Texas Alcoholic Beverage Code § 106.071 applies.

• Possession of Alcoholic Beverage in Vehicle — Texas Penal Code § 49.031 establishes that a person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense. “Open container” means a bottle, can, or another receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal or the contents of which are partially removed. “Passenger area of a motor vehicle” means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include a glove compartment or similar storage container that is locked; the trunk of a vehicle; or the area behind the last upright seat of the vehicle if the vehicle does not have a trunk. “Public highway” means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or another publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway. It is an exception to the application that at the time of the offense the defendant was a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle. An offense is a Class C misdemeanor.

• Minor in Possession of Alcohol — Under Texas Alcoholic Beverage Code § 106.05, a person under the age of 21 commits an 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. A minor may possess an alcoholic beverage while in the course and scope of the minor’s employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code; if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adults to whom the minor has been committed by a court; if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code; or if the beverage is lawfully provided to the minor under Texas Alcoholic Beverage Code § 106.16.

• Possession of a Controlled Substance — Texas Health and Safety Code § 481.115 is the state law for possession of a controlled substance in Penalty Group 1, Texas Health and Safety Code § 481.1151 is the state law for possession of a controlled substance in Penalty Group 1-A, Texas Health and Safety Code § 481.116 is the state law for possession of a controlled substance in Penalty Group 2, Texas Health and Safety Code § 481.1161 is the state law for possession of a controlled substance in Penalty Group 2-A, Texas Health and Safety Code § 481.117 is the state law for possession of a controlled substance in Penalty Group 3, and Texas Health and Safety Code § 481.118 is the state law for possession of a controlled substance in Penalty Group 4. These offenses can range in severity from Class B misdemeanor to first-degree felony depending on the amount of a controlled substance and type of controlled substance possessed.

• Possession of Marijuana — Under Texas Health and Safety Code § 481.121, a person commits an offense if they knowingly or intentionally possess a usable quantity of marijuana. An offense is a Class B misdemeanor if the amount of marijuana possessed is two ounces or less; a Class A misdemeanor, if the amount of marijuana possessed, is four ounces or less but more than two ounces; a state jail felony, if the amount of marijuana possessed, is five pounds or less but more than four ounces; a third-degree felony, if the amount of marijuana possessed, is 50 pounds or less but more than 5 pounds; a second-degree felony, if the amount of marijuana possessed, is 2,000 pounds or less but more than 50 pounds; or punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

• Possession of Drug Paraphernalia — Texas Health and Safety Code § 481.125(a) establishes that a person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. Under Texas Health and Safety Code § 481.125(b), a person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. Texas Health and Safety Code § 481.125(c) establish that a person commits an offense if the person commits an offense under Texas Health and Safety Code § 481.125(b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor. An offense under Texas Health and Safety Code § 481.125(a) is a Class C misdemeanor. An offense under Texas Health and Safety Code § 481.125(b) is a Class A misdemeanor unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days. An offense under Texas Health and Safety Code § 481.125(c) is a state jail felony.

Related DWI Offense Penalties in Parker County

The penalties for offenses 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 of 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 of up to one year in jail and/or a fine of 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 second-degree felony conviction can result in a prison sentence of 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 of 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.

Weatherford Related DWI Offense Resources

Alcohol-Related Offenses | Department of Public Safety — View the list of alcohol-related offenses from the Texas Department of Public Safety (DPS). The page discusses DWI crimes for adults and minors, DWI for commercial licenses, and other alcohol offenses committed by minors. You can also learn more about alcohol education program classes, driver license reinstatement requirements, and driver eligibility status.

Texas Penal Code | Chapter 49 | Intoxication and Alcoholic Beverage Offenses —  Use this link to view the entire chapter of the Texas Penal Code dedicated to alcoholic offenses. In addition to DWI, you can also read about flying while intoxicated and boating while intoxicated. There is also information about entitlement to use alcohol or controlled substances as a defense, proof of a culpable mental state, and death of an unborn child case.

Find a Related DWI Offenses Lawyer in Parker County |  Law Office Of Richard C. McConathy

Were you arrested for a DWI in the Weatherford area that resulted in other criminal charges? You are going to want to be sure that you retain legal counsel as soon as possible.

The Law Offices of Richard C. McConathy defends clients against DWI and many other criminal charges in communities all over North Texas. We will be happy to fully review your case and answer all of your legal questions when you call (817) 458-3226 or contact us online to take advantage of a free consultation.