Being “intoxicated” is defined as an impairment of mental or physical faculties due to the influence of alcohol or drugs, or a combination of both. Although it is not illegal to become intoxicated itself, if you do become intoxicated and are in public place endangering yourself or another person, that is against the law. These public places include, but are not limited to, bars, schools, hospitals, office and apartment buildings and public roadways- including operating a motor vehicle.
Driving under the influence (DUI) is only issued to minors, those under the age of 21, and is a misdemeanor under the Texas Traffic Code. A minor may be charged with a DUI if they are driving with any amount of alcohol in their system but are still under the legal limit.
Driving while intoxicated (DWI) is a serious charge. A person may be charged with a DWI if their blood alcohol content (BAC) is .08 or higher or is clearly driving while impaired. Depending on the circumstances of the case, penalties can range from large fines to driver’s license suspension or revocation to jail time or prison.
Whether or not you are of the legal age, driving under the influence of alcohol or drugs is a serious offense. If you or a family member has been accused of either of these offenses, please contact Valerie today for a free case evaluation.
Intoxicated Manslaughter, or DWI Manslaughter, occurs when an individual causes a fatal motor vehicle crash while driving under the influence. This accusation is separate from unintoxicated vehicular manslaughter and a DWI. For this accusation to hold, the crash must be proven to be a result of the individuals intoxication.
Intoxicated Assault, or DWI with Serious Bodily Injury, occurs when an individual causes a motor vehicle crash while driving under the influence in which serious bodily harm occurred. This accusation is separate from an intoxicated assault charge while not operating a motor vehicle. This accusation is also separate from a DWI, and the crash must be a result of the individuals intoxication.
Texas is the only state that identifies these as independent offenses from vehicular manslaughter, homicide, or assault.
Public intoxication is defined as being in a public space while normal physical or mental faculties are altered by alcohol/and or drugs. These laws exist to prevent people from disturbing others and/or hurting themselves or others in a public setting.
Adults and minors, those under the age of 21, can both be charged with Public Intoxication. Minors are subject to the same punishment by law as those over the age of 21 if charged with public intoxication.
If you or a loved one has been accused of an intoxication offense, contact Valerie Cortinas Fisher Law today for a free case evaluation.