Texas has some of the strictest DWI and DUI laws in the country. What are you looking at if you are arrested for DWI in Denton County? It really depends on the circumstance. Were there children in the car? Did you refuse a breath or blood test? Is this your second or third DWI? The penalties associated with DWI in Texas can cost you thousands of dollars, loss of license, prison time, large fees to retain your license and much more strife in your personal and professional life. However, hiring a lawyer will greatly assist in making sure that if you are in fact arrested for DWI in Texas, there are options available to you. We recommend you contact the Wheeler Law Office if you are arrested on suspicion of DWI.
What Counts as DWI in Texas?
According to Texas state law, a person is considered to be legally intoxicated once his or her blood/breath alcohol concentration registers over .08. Additionally, a person can be considered intoxicated if he or she is impaired due to alcohol or other drugs regardless of BAC. Also, if you are pulled over and there is an open container of alcohol in the vehicle, you may be fined up to $500.
Incidents of drunk driving, unfortunately, continue to run rampant here in Texas. Many times drunk driving leads to a fatal accident. Just recently, right here in Denton, Texas, a drunk driver caused the death of four innocent people. Wilson Rene Molinares, a 22-year-old student at Texas State, was driving his car in the opposite direction down I-35 northbound. He then collided with a van killing its four occupants. This accident was so bad that it took four two hours to pry the van apart to get the deceased out. A blood search warrant was ordered to determine if alcohol was involved in this incident. If so, Molinares may then be charged with four counts of intoxication manslaughter.
The Relevant Texas Law
Unlike many states, Texas does not use the terms involuntary manslaughter and voluntary manslaughter. Instead, Texas combines the two into one broad charge with enhanced penalties in some circumstances. In general, in Texas, manslaughter exists when a prosecutor can prove beyond a reasonable doubt that the person charged (“Defendant”) recklessly caused the death of another person. Unlike first-degree murder, this crime does not require premeditation or deliberation beforehand.