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TEXAS DWI ATTORNEY: SPECIFIC ALCOHOL RELATED CHARGES DEFINED

DWI Attorney Representation in Houston, Texas since 1992

DWI Terms Defined By a Houston DWI Lawyer

DWI Glossary

Sometimes you need a Houston DWI attorney to just explain the lingo used in your arrest. The following list defines some of the acronyms that are used in a drunk driving arrest:

DUI

In most cases this stands for Driving Under the Influence. This is the most common acronym for a drinking and driving charge around the nation. Usually, alcohol is the impairing substance, but it can also apply to drugs, toxic fumes from paint and paint thinner, butane, and other chemicals. In Texas it stands for the same thing, however it has a different meaning. It is used to describe the crime committed when a person under the age of twenty-one (21) is driving a car with any alcohol on his breath. The charge is a Class C misdemeanor.

DWI

This is the next most common acronym in the State of Texas. DWI is interpreted at Driving While Intoxicated or While Impaired. The impairing substances does not have to be alcohol can be caused by plants, chemicals, or drugs to name a few.

OUI

This acronym stands for Operating under the Influence and is probably the next most used acronym associated with drunk driving in Houston. This term is actually a better description than the term driving as almost all states say it is illegal to operate a motor vehicle while Under the Influence of alcohol, drugs, etc.

OWI

Is not as common an acronym as some of the others terms. The letters stand for Operating while Intoxicated.

DUIL

This is another less common acronym and stands for Driving While Under the Influence of Liquor.

Definition of Alcohol Related Criminal Charges

Charge with a DWI? Facing the Loss of your Driver’s License? Call Houston DWI Attorney Tad Nelson

The state of Texas has defined intoxication and alcoholic beverage offenses listed in the Texas Penal Code under Title 10 Chapter §49. Here is a quick review.

Intoxicated: Texas Panel Code 49.01

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.

Public Intoxication: Texas Penal Code 49.02

A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. Punishment: Class C misdemeanor.

Open Container-Possession of Alcoholic Beverage: Texas Penal Code 49.03

A person commits an 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.

Driving While Intoxicated: Texas Penal Code 490.4

A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

Punishment:

Driving While Intoxicated With Child Passenger: Texas Penal Code 49.045

A person commits an offense if: the person is intoxicated while operating a motor vehicle in a public place; and the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

Punishment: State jail felony.

Boating While Intoxicated: Texas Penal Code 49.06

A person commits an offense if the person is intoxicated while operating a watercraft.

Punishment: Class B misdemeanor, with a minimum term of confinement of 72 hours.

Flying While Intoxicated: Texas Penal Code 49.05

A person commits an offense if the person is intoxicated while operating an aircraft.

Punishment: Class B misdemeanor, with a minimum term of confinement of 72 hours.

Intoxication Assault: Texas Penal Code 49.07

A person commits an offense if the person, by accident or mistake: while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. (Serious Bodily Injury: an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.)

Punishment: felony of the third degree.

Intoxication Manslaughter: Texas Penal Code 49.08

A person commits an offense if the person: operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride; and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

Punishment: felony of the second degree.

All alcohol related charges are serious. At The Law Offices of Tad Nelson & Associates, we take pride in our successful defense of these cases. Our criminal defense law firm is committed to defending our clients against all charges. Please contact Tad Nelson at The Law Offices of Tad Nelson & Associates as soon as possible for a free consultation. 281.280.0100.

Call The Law Offices of Tad Nelson & Associates at (281)-280-0100.

Major Credit Cards Accepted -- Evening, Weekend, and Off-Site Appointments Available.

Source: Texas Constitution & Statutes

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Attorney Tad Nelson, a native Texan and a lifelong resident of the Houston/ Galveston area, was born on Galveston Island and graduated from the local public high school, Galveston Ball, in 1983. After graduation, Mr. Nelson traveled to Austin to attend the University of Texas. Read More >>>