The charge of driving under the influence (DUI) is made when people under the age of 21 (minor) drive while under the influence of alcohol. A DUI is committed when a person 20 years or younger operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. Therefore, someone 18 or older can be prosecuted as an adult for DWI if intoxicated or a DUI if only impaired. If under 18, you can be still prosecuted for DUI, although Texas law prohibits the prosecution and conviction of juveniles for many offenses, legislature has made special exceptions to prosecute juveniles who drink alcohol and drive. If you are arrested for Driving While Intoxicated in McLennan County, you need a trusted advocate on your side. Whether you were arrested in Waco, Hewitt, Woodway, Bellmead, Lacy Lakeview or elsewhere in McLennan County, getting an experienced DUI defense attorney is critical for your situation.
Intoxication is the loss of the normal use of one’s physical or mental faculties or has a blood or breath alcohol level at or above 0.08 and is in the Texas Penal Code while under the influence only deals with persons under the age of 21 under the Texas Alcoholic & Beverage Code. There is also a charge for being intoxicated in public. It is punishable by fine only; however, if a person receives deferred adjudication probation then a person can seek an expunction of the arrest and punishment.
A conviction for DWI stays on your record for life while a DUI wherein the person received deferred adjudication probation is eligible to have the arrest and punishment expunged from their criminal record. DWI includes flying, boating or operating an amusement ride. Additionally, DWI with a child younger than 15 years of age is a state jail felony. DWI has multiple implications as driver licenses may be suspended, surcharges payable to DPS, increased insurance cost and special insurance called SR-22. This may cause the need for you to get an occupational driver’s license. Even more disconcerting is the enhanced punishment upon subsequent convictions. A person with two prior DWI convictions who is arrested can be charged with a felony charge and face 2 to 10 years in state prison and a fine up to $10,000.00.
An experienced criminal defense attorney is necessary to fight these charges and help a person navigate the treacherous road and all of the pitfalls of intoxication charges. A Waco DUI attorney can help the local defendant with critical information about the local judge, jury and prosecutors. We have the local understanding required. If you need an aggressive DUI attorney in Waco, call us at 254-753-6437.
Mason Dunnam won his first jury trial the day after becoming licensed to practice law. He became a lawyer to fight for the little guy.
Gerald Ray Villarrial has an important goal – to be remembered as someone who cared about people and changed lives through his skill as an attorney.
Jim Dunnam is a Board Certified Specialist in both Civil Trial Law and Family Law. Jim was born and has spent his entire life in Waco.
Copyright © Dunnam & Dunnam, L.L.P. All Rights Reserved. Prior results do not guarantee a similar outcome. Dunnam & Dunnam LLP maintains this website to provide you with general information concerning itself and its attorneys, as well as to facilitate communications with persons and entities possibly desiring to establish an attorney-client relationship with a law firm or an attorney. Information provided by and through this website does not create any kind of attorney-client relationship with Dunnam & Dunnam or any of its attorneys and, furthermore, does not constitute and should not to be relied upon by you as any kind of legal advice or service by Dunnam & Dunnam or any of its attorneys. Dunnam & Dunnam L.L.P. assumes no liability for the use or interpretation of information contained herein. This publication is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
