Alcohol Related Offenses
Below is a partial list of offenses and possible repercussions if you don’t have an experienced attorney fighting for you. If you or someone you know has been accused of or charged with an intoxication offense, contact David Kiatta today for a free, one-hour consultation. David was a Harris County prosecutor for over 66 years. David has extensive experience across Texas representing clients for these offenses.
Intoxication Manslaughter & Intoxication Assault
A person commits Intoxication Assault if the person, by accident or mistake operates an aircraft, watercraft, or motor vehicle in a public place, and by reason of that intoxication causes serious bodily injury to another person. Intoxication Assault is a third degree felony. Often, the injured person will be the driver's own passenger. If the passenger or another person dies, the offense is Intoxication Manslaughter, a second degree felony.
Driving While Intoxicated (DWI)
A person commits DWI if the person is intoxicated while operating a motor vehicle in a public place. DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours. If an open container of alcohol was in the driver's immediate possession, the minimum term of confinement is six days. A second DWI is a Class A misdemeanor, with a minimum term of confinement of 30 days. A third DWI is a third degree felony.
Intoxicated means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.
If the driver has a passenger who is younger than 15 years of age, the DWI is a state jail felony, instead of a Class B misdemeanor.
The fact that the driver is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense. This means that even if prescription medicine causes the intoxication, it may still be against the law.
Each year, the Department of Public Safety (DPS) assesses a surcharge on the driver's license of drivers who during the past 3 years were convicted of DWI. The surcharge is $1,000 per year for 3 years. A second DWI conviction costs a surcharge of $1,500 per year for 3 years. If the driver had an alcohol concentration of 0.16 or more, the surcharge is $2,000 per year for 3 years.
Driver licenses can be suspended for one year for DWI. Driving with a suspended license is a Class C misdemeanor and may result in increased license suspension time. In addition, the DPS assesses a $250 surcharge on the license per year for 3 years.
If a driver of any age refuses a breath or blood test, the DPS shall suspend the driver's license for 180 days. The suspension term increases to two years if the driver has one or more alcohol-related or drug-related enforcement contacts during the past 10 years.
If a driver who is 21 years of age or more fails to pass the test for intoxication, the DPS shall suspend the driver's license for 90 days. The suspension term increases to one year if the driver has one or more alcohol-related or drug-related enforcement contacts during the past 10 years.
For a driver under the age of 21 years, the suspension term for failure to pass the test for intoxication is 60 days for the first offense, 120 days for the second, and 180 days for the third.
An ignition interlock device will have to be installed on the car of a person convicted of driving with a blood alcohol level of .15 or more, if the defendant is to receive probation.
Public Intoxication means being intoxicated such that the person is a danger to himself or to others. It is a Class C misdemeanor, punishable up to a $500.00 fine. The third PI is a Class B misdemeanor.
Possession of Alcohol by a Minor (MIP)
Possession of alcohol by a person under the age of 21 is a Class C misdemeanor. It is a Class B misdemeanor for the third offense.
A driver's license can be suspended for 30 days on the first MIP. Driving with a Suspended DL is a Class B misdemeanor with further loss of driver’s license. Penalties and suspension periods increase on subsequent arrests.
Minor Driving Under the Influence
It is unlawful for a minor to drive or operate a motor vehicle with a detectable amount of alcohol on the person’s breath. This is a Class C misdemeanor.
To be arrested as a Minor Driving Under the Influence (Minor DUI), a person needs to have only a trace amount of alcohol present on their breath. There is no need for any kind of blood, breath, or physical test; a police officer merely has to smell or detect the presence of alcohol. A suspect arrested for a DUI will be taken to jail to bond out and, unless there is a sober individual in the car that can drive the vehicle home, it will be towed to an impound yard and the intoxicated passengers arrested for Public Intoxication.
A driver's license may be suspended up to 60 days for the first DUI. Penalties and suspension periods increase on subsequent arrests.
Furnishing Alcohol to a Minor is a Class A misdemeanor. A person commits this offense if they purchase an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor. The only exceptions to this code are when parents, guardians, spouses 21 years of age or more purchases alcohol for him/her. However, the parents must be visibly present when the minor possesses or consumes the alcoholic beverage.
A person's driver's license is automatically suspended for 180 days on final conviction of the offense of Purchase of Alcohol for a Minor or Furnishing Alcohol to a minor.
Civil Liability for Provision of Alcohol to a Minor. An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under the age of 18 if the adult is not the minor's parent, guardian, or spouse; or an adult whose custody the minor has been committed by a court; and the adult knowingly served or provided to the minor any of the alcoholic beverages that contributed to the minor's intoxication; or allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor's intoxication on the premises owned or leased by the adult.
A person commits this offense if with criminal negligence they sell an alcoholic beverage to a minor. A defense is if the minor falsely represents himself/herself as being 21 years old or older with an apparently valid Texas driver's license, or identification card issued by the Texas Department of Public Safety, that contains a physical description consistent with the individual's appearance for the purpose of inducing the individual to sell him/her an alcoholic beverage then this offense has not been committed.
Sale of Alcohol to a Minor is a Class A misdemeanor.
Possession of Open Container of Alcoholic Beverage in Motor Vehicle
A person commits this offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.
Open container means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.
The passenger area of a motor vehicle means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include a glove compartment or similar storage container that is locked; the trunk of a vehicle; or the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.
Public highway means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway.
Possession of Open Container of Alcoholic Beverage in Motor Vehicle is a class C misdemeanor.
Possession of a fake ID is a Class B misdemeanor. All Class B misdemeanors have a possible punishment of six months in jail and a $2,000.00 fine. Fake ID is on the same penalty level as a first DWI. Furthermore, the suspect would be arrested and need to bond out of jail. This law also applies to anyone who possesses more than one driver’s license.
A driver's license can be suspended for one year for fake ID and DWI. Driving with a Suspended DL is a Class B misdemeanor with further loss of driver’s license. Penalties and suspension periods increase on subsequent arrests.
