Facing intoxication charges is distressing, and a conviction can have a lasting impact on your ability to drive, work, and hold professional licenses.
Powerful lobby groups such as Mothers Against Drunk Driving encourage a zero-tolerance attitude toward all intoxication offenses. As a result, consequences for these types of charges can be severe, including strict probation, prison time, and major fines. If a person was injured or killed as a result of an accident, punishments are even harsher.
Because of the influence of powerful interest groups, prosecutors avoid dismissing intoxication cases unless a skilled defense attorney leaves them no other choice. Judges fear being portrayed as “soft on crime,” and are strict when it comes to intoxication offenses.
Being charged with an intoxication offense does not mean you are guilty, or that a jury will convict you. An expert defense lawyer can bring knowledge and expertise to vet law enforcement’s claims and counter the prosecution’s arguments.
What is an Intoxication Offense?
Intoxication offenses range from charges such as driving while intoxicated (DWI) to intoxication manslaughter. A conviction for an intoxication offense can lead to the loss of employment, reputation, and driver’s license, as well as large fines and possible prison time.
Choosing a DWI Defense Attorney
When charged with an intoxication offense, it is crucial to consult a qualified attorney as soon as possible. Special factors in an intoxication case can include:
- How the police conduct investigations and searches
- The science of field sobriety tests, breath or blood tests and accident reconstruction
- How to persuade a prosecutor to dismiss the case before trial
If you would like to schedule an appointment to discuss your situation with a qualified attorney, please contact Houston DWI defense lawyer Neal Davis as soon as possible.
Intoxication Offenses: Charges
DWI
Intoxication is any state in which a person has lost normal use of their mental or physical faculties due to the use of a substance such as alcohol or drugs. It is a crime to operate a motor vehicle in a public place while intoxicated. A public place is considered any place to which the general public has access. It is also a crime to cause the death of another person by accident or mistake due to the effects of intoxication.
Under the law, intoxication is measurable based on the concentration of alcohol in a person’s bloodstream. If a person’s blood-alcohol concentration (BAC) exceeds 0.08%, they are considered legally intoxicated. Measuring the BAC accurately requires a blood test. Breath analysis equipment, or breathalyzers, measure the concentration of alcohol in a person’s breath. This measurement is converted to an equivalent BAC level to determine legal intoxication.
For first-time offenders, DWI with a BAC between 0.08% and 0.15% is considered a class B misdemeanor. If the BAC measures 0.15% or more, then the offense is a class A misdemeanor.
Continue reading to learn more about DWI offenses.
Law
Under Chapter 49 of the Texas Penal Code, driving-while-intoxicated (DWI) occurs when a person “is intoxicated while operating a motor vehicle in a public place.” “Intoxicated” means:
(1) 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
(2) having an alcohol concentration in the blood of 0.08% or more.
PUNISHMENT
Punishments for intoxication charges vary depending on the severity and circumstances of the offense.
- Class B misdemeanor DWI carries a penalty of up to 180 days in jail and a $2,000 fine.
- Class A misdemeanor DWI carries a penalty of up to a year in jail and a $4,000 fine.
A prior DWI conviction can leads to enhanced charges and subsequently harsher sentences.
DEFENSE STRATEGY
Intoxication charges can be successfully challenged in court. Police may not have had a legal reason to stop the person accused. If breath or blood samples were taken, law enforcement may not have used legal methods to do so. The person accused may not in fact have been intoxicated, or may not have been operating the motor vehicle.
An experienced, reputable lawyer will be able to make these determinations in order to position the case for a favorable outcome.
PROCESS
In a DWI, police typically stop the defendant for a traffic violation. Police may claim to smell alcohol and ask the defendant if they have been drinking. Police will then conduct field sobriety tests at the scene to determine whether physical coordination is impaired. If officers believe that the person is intoxicated, they will be arrested and taken to a police station.
There, the person accused will be asked to provide a breath or blood specimen for testing. If the person refuses, police can obtain a warrant and even forcibly take the specimen. The defendant may also be asked to perform field sobriety tests in a room at the station where they will be videotaped. They may also be asked questions such as how much they had to drink and where they were going.
Intoxication Manslaughter
It is a crime to cause the death of another person by accident or mistake due to the effects of intoxication. Intoxication is any state in which a person has lost normal use of their mental or physical faculties due to the use of a substance such as alcohol or drugs. Intoxication manslaughter occurs when a person under the influence of drugs or alcohol causes the death of another person.
Under the law, intoxication is measurable based on the concentration of alcohol in a person’s bloodstream. If a person’s blood-alcohol concentration (BAC) exceeds 0.08%, they are considered legally intoxicated. Measuring the BAC accurately requires a blood test. Breath analysis equipment, or breathalyzers, measure the concentration of alcohol in a person’s breath. This measurement is converted to an equivalent BAC level to determine legal intoxication.
Law
Under Chapter 49 of the Texas Penal Code, “Intoxicated” means:
(1) 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
(2) having an alcohol concentration in the blood of 0.08% or more.
Intoxication manslaughter is second-degree felony and occurs when a person
“(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”
PUNISHMENT
As a second-degree felony, intoxication manslaughter carries a punishment range of 2 to 20 years in prison and a fine up to a $10,000.
DEFENSE STRATEGY
Intoxication charges can be successfully challenged in court. If breath or blood samples were taken, law enforcement may not have used legal methods to do so. The person accused may not in fact have been intoxicated, or may not have been operating the motor vehicle.
An experienced, reputable lawyer will be able to make these determinations in order to position the case for a favorable outcome.
PROCESS
In the case of intoxication manslaughter, police are typically called to the scene of an accident. If they see evidence of intoxication—if a driver smells like alcohol or appears to be under the influence—they will conduct field sobriety tests. If police believe the driver is intoxicated, they will arrest them and take them to a police station.
There, the person accused will be asked to provide a breath or blood specimen for testing. If the person refuses, police can obtain a warrant and even forcibly take the specimen. The defendant may also be asked to perform field sobriety tests in a room at the station where they will be videotaped. They may also be asked questions such as how much they had to drink and where they were going.
Bentley’s Law
Texas has enacted a new law requiring drunk drivers to pay child support if they cause the death of a child’s parent or guardian. Signed by Gov. Greg Abbott in June 2023 and effective from August 1, 2023, the legislation mandates that those convicted of intoxication manslaughter provide financial support for the deceased’s minor children until they turn 18.
This legislation, known as “Bentley’s Law,” was inspired by Cecilia Williams, a Missouri grandmother who tragically lost her son, daughter-in-law, and grandson to a drunk driver in Jefferson County, Missouri.
For those unable to make immediate payments, installment plans are available. Incarcerated offenders must begin payments within the first year after they are released. In Texas, intoxication manslaughter carries a potential 20-year prison sentence.
Tennessee pioneered a comparable law, with roughly 20 other states deliberating similar measures.
Intoxication Offenses: Procedure
Bond Conditions
In most instances, a defendant is entitled to be released in exchange for a bond, pending the resolution of the case.
Texas Code of Criminal Procedure Article 17.15 states the factors that courts must consider in setting a bond:
The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
The power to require bail is not to be so used as to make it an instrument of oppression.
The nature of the offense and the circumstances under which it was committed are to be considered.
The ability to make bail is to be regarded, and proof may be taken upon this point.
The future safety of a victim of the alleged offense and the community shall be considered.
Other factors can be considered, including the defendant’s work record, community and family ties, length of residency, prior criminal history, behavior while out on prior bonds and existence of any outstanding bonds.
The trial court must set a reasonable bond. If bond is unreasonable, then the defendant can appeal.
Defendants usually hire a bonding company to post the bond. Bonding companies typically require the defendant to pay ten percent of the total bond amount and put up some collateral to make sure the defendant does not “jump bond” by failing to appear in court. For example, if the trial court sets a $20,000 bond, a bonding company would charge $2,000 and require the remaining bond amount to be secured by property, such as a house. Like any business, some bonding companies are trustworthy and some are not. A reputable lawyer will be able to advise on which bond company to use.
In setting a bond, a court can impose certain conditions over and above the amount of bond a defendant must post to be released. For example, a defendant might be required to turn in their passport, wear an electronic monitor or submit to a curfew, depending on the seriousness of the offense. An expert defense lawyer often can successfully negotiate minimal conditions of bond so that a defendant is not unduly restricted while the case is pending.
Driver’s License Penalties
A person convicted on an intoxication charge stands to lose their driving privileges for up to two years. In addition, they may have to pay thousands of dollars in annual surcharges, for up to three years, to regain their driver’s license.
Intoxication Offenses: FAQs
Q: I’ve been arrested for an intoxication offense. What should I do?
A: You should immediately contact an experienced attorney to protect your rights. If you can afford bond and an attorney, then post the bond as well. If you can’t afford both, then spend your money on an attorney. Bond is a short-term gain; hiring the right attorney carries long-term consequences.
Q: I’m an emotional wreck and can’t handle the stress of this situation. What can I do?
A: The emotional toll of an intoxication allegation can be overwhelming. Seeing a reputable mental health provider can help you deal with the stress. Over our many years of handling these cases, we have developed strong personal and working relationships with outstanding mental health experts and can refer you to someone who can help you through this time.
Q: How long will it take before the case is over?
A: An intoxication case can take anywhere from a few months to two years to resolve. Prosecutors in larger counties, such as Harris County and surrounding counties, have many cases to address and prioritize older cases over newer ones.
An effective defense investigation requires time, including obtaining the police officers’ disciplinary histories and any video or audio evidence, and examining the breath or blood testing results to see if they have been compromised. Blood testing alone can take weeks or even months to get the results. In intoxication manslaughter cases, an accident reconstructionist will often be hired.
Finally, courts schedule cases for trial based on their age, and when the defendant is currently in custody. If a defendant is suspect in a recent case and is out on bond, their case will not be at the front of the line for a quick trial.
Q: I hired a lawyer, but I no longer have any confidence in them. What do I do?
A: It’s not unusual for a person to hire a lawyer shortly after being accused of a crime—sometimes because the lawyer is inexpensive—and later discover that the lawyer is not adequately qualified to handle a case as serious and complicated as an intoxication charge. At this point, the wisest course of action is to hire a more qualified lawyer to step in and take over the case. This happens frequently. The new lawyer contacts the first lawyer, and informs them of the client’s decision. The new lawyer then handles the case from that point forward.
Q: I’ve talked to several lawyers. How can I feel certain I’m choosing the right one for my case?
A: This is an important question. You should hire a lawyer who you feel is the most qualified and with whom you feel most comfortable. Examine their experience. How long have they been in practice? How many of these types of cases have they handled? What is their record of success?
Also, consider the lawyer’s credentials. Are they Board Certified in Criminal Law? How are they rated by their peers? Among the most reputable and prestigious ratings are an AV Rated by Martindale Hubbell and admission into the Best Lawyers in America. Client reviews can also be helpful.
Do not hire an attorney based on price alone. Hiring an attorney because of a low price can cost you your freedom, your career, your family relationships and your reputation.
Q: How much will this cost?
A: The short answer to “how much is the cost” may not be satisfying: it depends. Many factors, from the experience, qualifications and ability of the criminal lawyer, to the charges and the complexity of the case, determine the fee. Some cases may, aside from attorney fees, require expenses for experts and investigation.
The custom and practice of Texas criminal attorneys is generally to charge a flat fee. We typically charge one fee to handle the case up to the point of being set for trial, then an additional fee if the case is set for trial. The client is responsible for bond, as well as expenses, such as experts. The benefit of a flat fee is that clients know from the outset how much they will pay an attorney, and there will not be any surprise monthly billing statements based on hours spent.
Q: What can you guarantee?
A: Ethically, no attorney can guarantee any outcome. But we can guarantee that we will do everything in our power to achieve the best possible outcome. While each case is different and involves its own unique set of facts, we have a proven track record of obtaining extraordinary results. We are proud of our record of charges declined, as well as cases dismissed for misdemeanors and felonies in state and federal court.
At the Neal Davis Law Firm, we are experienced in administering and evaluating the roadside sobriety tests that officers perform on those suspected of intoxication, and we know that the machines and tests used to determine blood-alcohol content can be faulty or produce unreliable readings that are inadmissible in court.
What others say
“This Montgomery Courtroom had not seen a Not Guilty verdict in 2 years. My verdict on 8/22/2016 was Not Guilty after a tough trial. My best advice is on legal matters look for excellence. From the very beginning my wife and I noticed the difference with Neal service, experience showing to us the plan forward. Neal selected honest, impartial jurors. He demolished every witness and argument the prosecution presented with a deep understanding of the law, an impeccable logic and revealing the incongruity of the prosecution statements and the evidence. Trial was my only option. The closing speech gave the jurors the right guideline on how to do their job correctly and sentence accordingly. My wife and I are so grateful to Neal Davis. Today, I write this review while I enjoy my freedom thanks to this man.”
Houston | Client acquitted from a .18 blood alcohol charge
Verified Customer
“I am a professional who hired Neal in connection with criminal charges that were brought against me. Because I have a professional license that could be affected by the conviction, my inclination was to accept the plea offer from the District Attorney’s office. Neal and his legal team advised me that while the decision was ultimately mine, they recommended I reject the plea offer and take the matter to trial. I agreed to do so. The case went to trial. Because of Neal’s legal briefing and his team’s flawless assault on the prosecution’s case, the case was summarily dismissed by the judge at the close of the prosecution’s case. In short, Neal and his team did such an incredible job on destroying the prosecution’s case during its case-in-chief that I never had to put on a defense. The charges were dismissed, my professional license is intact, and because Neal insisted on prevailing on the merits, I was able to have my record expunged.”
Houston | Client’s DWI Case dismissed during trial
Verified Customer
As top DWI lawyers, we understand the complex laws that apply in different types of intoxication cases, and we know how to investigate and prepare each case accordingly. We have obtained favorable outcomes for many defendants charged with DWI, including professionals for whom discretion is critical, as well as in intoxication manslaughter cases. Here are some of our success stories:
- CASE DISMISSED for an executive whose breath test was equivalent to a blood alcohol level of over .08%
- CASE DISMISSED for a student who drove the wrong way down a street and hit another car, and whose blood-alcohol level tested over .08%
- CASE DISMISSED for a small business owner whose blood-alcohol level tested over .08%
- CASE DISMISSED for a professional whose blood-alcohol level tested over .08%
- CASES NO-BILLED (grand jury refused to indict) in multiple intoxication manslaughter cases
- PROBATION for young professional charged with intoxication manslaughter
WARNING: IF YOU HAVE BEEN CHARGED WITH DWI, YOU ONLY HAVE 15 DAYS AFTER NOTIFICATION OF A DRIVER’S LICENSE SUSPENSION TO REQUEST A HEARING AND CHALLENGE THE SUSPENSION.
Want to know more? Contact us to discuss your case.
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