Texas Penal Code Section 49.04 DWI

Texas Penal Code Section 49.04 DWI

Have you been charged with a DWI? Call the Law Offices of Mark McClelland now! There are steps that we need to make now to ensure the best possible outcome for your case. Whether you submitted to a breath/blood analysis or not, we need to make sure your driving privilege is protected or restored. We need to also verify if there was even probable cause to pull you over.
Did the police follow proper procedure in administering the field sobriety tests? A DWI can have serious long term negative effects on both your personal and professional life. 

Let us help you! Here are the sentencing ranges and fine amounts of a DWI in Texas:

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 under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle
had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.


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