Denton Texas DWI Defense Attorney
The terms "DWI" and "DUI" often are used interchangeably. However, each has a separate and distinct meaning. Driving while intoxicated (DWI) is an offense committed when a person operates a motor vehicle in a public place while intoxicated. Intoxication does not necessarily mean "drunk." Intoxication, as it applies to DWI, means not having the normal use of physical or mental faculties because of alcohol, a controlled substance, a drug, a dangerous drug or any combination of these substances. Intoxication also means having an alcohol concentration of 0.08 or more, which may be detected by a breath, blood or urine test.
On the other hand, driving under the influence, or "DUI," is an offense involving a minor. Under the Texas zero-tolerance law, anyone under the age of 21 who has drunk any amount of detectable alcohol is driving illegally and may be charged with a DUI. A DUI is a Class C misdemeanor and is subject to a 180-day license suspension.
The penalties and repercussions for DWI convictions are severe. All convictions in Texas carry fines, surcharges and possible jail time. Even for your first offense, the surcharge, called the Texas Driver Responsibility Tax, is $1,000 for three years, and a fine may be as much as $2,000. In addition, you will have a permanent criminal record, could lose your job and might be unable to get a professional license, a mortgage or a passport.
When you are charged with a DWI or a DUI, it is essential to consult an attorney as soon as possible. You will be dealing with two separate cases — one criminal and one civil, which involves an administrative license hearing. To answer the criminal charges, generally you must appear in court for an arraignment, trial or negotiated disposition. Your driver’s license will be automatically suspended unless you make a written request for a hearing, called an administrative license revocation hearing, to challenge the suspension within 15 days after receiving notice of suspension from the arresting agency.
At the Denton County law office of Tackett Legal, P.C., we have significant experience defending clients in both the criminal charges associated with a DWI and the civil aspect involving an administrative license revocation hearing.
DWI Punishments
| Offense | Confinement | Maximum Fine |
| 1st | 72 hours to 180 days | $2,000 |
| 2nd | 30 to 365 days | $4,000 |
| 3rd or more | 2 to 10 | $10,000 |
| DWI with child passenger | 180 days to 2 years | $10,000 |
| Intoxication assault | 2 to 10 years | $10,000 |
| Intoxication manslaughter | 1 to 20 years | $10,000 |
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