Collin County Intoxication Crimes Lawyer
People often make mistakes when they are under the influence of alcohol, drugs or both. These mistakes sometimes result in criminal charges. In Texas, there are nine “intoxication crimes” listed in the penal code. Some are common, like public intoxication and DWI. Others are more obscure, like flying while intoxicated or operating an amusement ride while intoxicated.
Regardless of the offense, any intoxication charge can have negative implications. It can impact your ability to drive and jeopardize employment or educational opportunities. It could also leave you with an arrest record, which could prevent you from getting into college, landing a dream job, leasing a car, or financing a home
That’s why it is vital to contact an experienced Collin County intoxication crimes lawyer as soon as possible after an arrest for an intoxicated-related offense. Our team has extensive experience handling all types of intoxication offenses and a track record of exceptional results.
What are Texas’ Nine Intoxication Offenses?
Chapter 49 of the Texas Penal Code contains nine intoxication and alcoholic beverage offenses. They are listed below, from most to least serious:
- Intoxication Manslaughter
Offense: An intoxicated driver commits this offense when he or she causes the death of another person while operating a vehicle, aircraft, watercraft or amusement ride.
Penalty: Second-degree felony punishable to 2 to 20 years in prison and maximum $10,000 fine. - Intoxication Assault
Offense: A person commits intoxication assault when he or she drives intoxicated and causes serious bodily injury to another person, usually as a result of a traffic wreck.
Penalty: Third-degree felony, punishable to 2 to 10 years in prison and a maximum $10,000 fine. - Driving While Intoxicated with a Child Passenger
Offense: A person commits DWI with a child passenger if he or she is intoxicated while operating a motor vehicle that is occupied by a passenger who is under age 15.
Penalty: DWI with a child passenger is a state jail felony, punishable by six months to two years in a state jail facility, a maximum $10,000 fine. - Driving While Intoxicated
Offense: A person commits Driving While Intoxicated (DWI) if he or she is intoxicated while operating a motor vehicle in a public place. Under the law, a driver is considered intoxicated if he or she does not have normal use of mental or physical faculties due to alcohol, drugs or a combination of both or if the driver has a blood alcohol concentration of at least .08.
Penalty: A first-time DWI conviction is a Class B misdemeanor punishable by up to six months in the county jail and a maximum $2000 fine. However, the punishment can go up if the driver’s BAC is over. 15 or if he or she has previous DWI convictions. - Assembling or Operating an Amusement Park Ride While Intoxicated
Offense: A person commits this offense if he or she assembles or operates an amusement ride while intoxicated.
Penalty: Class B Misdemeanor punishable by up to six months in jail and a maximum $2000 fine. - Boating While Intoxicated
Offense: A person commits Boating While Intoxicated (BWI) if he or she is intoxicated while operating a watercraft. Under the law, a driver is considered intoxicated if he or she does not have normal use of their mental or physical faculties due to alcohol, drugs or a combination of both or if the driver has a blood alcohol concentration of at least .08.
Penalty: Class B Misdemeanor punishable by up to six months in jail with a minimum requirement of 72 hours in jail. A maximum $2000 fine may be imposed. - Flying While Intoxicated
Offense: A person commits Flying While Intoxicated (FWI) if he or she operates an aircraft while intoxicated. The Federal Aviation Administration prohibits pilots from operating an aircraft within eight hours of having consumed alcohol and they must not have a blood alcohol content of .04 or greater.
Penalty: Class B Misdemeanor punishable by up to six months in jail and a maximum $2000 fine. - Public Intoxication
Offense: A person commits public intoxication if he or she is so intoxicated in public that they pose a danger to themselves or others.
Penalty: Class C Misdemeanor, punishable by up to a $500 fine. - Possession of Alcoholic Beverage in a Motor Vehicle (Open Container)
Offense: A person commits an open container violation if they possess an open container of alcohol in a vehicle on a public highway, regardless of whether the vehicle is being driven, stopped or parked.
Penalty: Possession of an alcoholic beverage in a vehicle is a Class C misdemeanor, punishable by up to a $500 fine.
Board Certified Criminal Defense Lawyer Benson Varghese: 12 Ways to Beat a DWI
What are the Collateral Consequences of Intoxication Crimes?
Sometimes when people are arrested for an intoxication crime, they don’t think it’s a big deal. Perhaps they know someone who has been arrested for the same or a similar offense. What they don’t realize at the time is that there are collateral consequences that can have far-reaching implications.
For example, if you just pay a public intoxication ticket, it will show up on your criminal record. That’s why it must be resolved in a way that will keep your record clean. The same goes for an open container violation.
More serious intoxication charges, such as DWI or DWI with a child passenger, can result in a driver’s license suspension and could hinder your ability to get to work or school. You may also be required to have an interlock device on your vehicle, take drug and alcohol tests, and complete DWI or alcohol education classes. If the case results in a conviction, you could face jail time and steep fines, as well as future obstacles to housing and employment.
That’s why it’s so important to retain an experienced Collin County intoxication crimes lawyer as soon as possible. A skilled attorney can help lessen the immediate impact, as well as long-term implications. At Varghese Summersett, the goal of every Collin County intoxication crimes lawyer is to:
- avoid prison time,
- avoid a conviction, and
- resolve the case in a manner that allows for even the arrest record to be cleared or sealed.
Speak to an Experienced Collin County Intoxication Crimes Lawyer Today.
Our team has achieved exceptional results for clients charged with intoxication crimes, including the most severe charge of intoxication manslaughter. Our victories stem from experience, hard work, and tenacity. All of our senior attorneys are former prosecutors and three are board certified in criminal law, the highest designation an attorney can reach.
When we take on a case, we bring our knowledge, experience, and skills to bear. You’ll be hard-pressed to find another North Texas defense firm with more expertise under one roof. Call (214) 903-4000 for a free consultation with an experienced Collin County intoxication crimes lawyer.
