What is the DWI Law in Texas?

Cesar Montalvo DWI Law

The statute for intoxication and alcoholic beverage offenses can be found in Chapter 49 of the Texas Penal Code. More specifically: Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b)  Except as provided by Subsections (c) and (d) and Section 49.09, an offense …

What Happens to my Driver’s License if I Have Been Charged With a DWI in Texas?

Cesar Montalvo DWI Law

If you are suspected of an alcohol-related offense and refuse to take a breath or blood test, your driver’s license will be suspended if you’re over 21 and don’t ask for an Administrative License Revocation (ALR) Hearing within 15 days from the date of service of your DIC-23. After 40 days, a driver’s license will automatically get suspended on the …

Is DUI and DWI the Same Charge?

Cesar Montalvo DWI Law

DUI and DWI are usually defined as driving under the influence or driving while impaired by alcohol or other legal or illegal substances. A DUI law may prohibit driving under the influence of an alcoholic beverage, driving under the influence of a drug, and driving under the combined influence of an alcoholic beverage and any drug (legal or illegal), regardless …

Drug Possession is Criminalized Under Both State and Federal Laws

Cesar Montalvo DWI Law

The charge of drug possession or possession of other illegal controlled substances occurs only when a defendant is knowingly in possession of the substance. This requires two things. First, the defendant must have known that he or she was carrying the drug or substance at issue. Second, the defendant must have known, or reasonably should have known, that the substance …