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NEWS ABOUT DWI DEFENSE AUSTIN
No Refusal Initiative 4th of July 2022
The upcoming Labor Day weekend is traditionally very big out on the area lakes as we mark the unofficial end of summer. The Austin Police Department will be bolstering its patrols on the lookout for drunk drivers starting Friday as part of its Labor Day DWI initiative.
Have you been charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Texas? Do you know the difference? Texas distinguishes between the charges of DUI and DWI, and as a result, the defense strategies are different for each.
With the bars in Austin Opening on Friday May 22nd at 25% capacity, there will be excitement to get out of the home to enjoy some drinks at your favorite social hangout. The bar opening day also happens to fall on Memorial Weekend which should also bring visitors to town to visit Lake Travis as well as locals with boats. Remember that if you have been drinking it's cheaper to take an UBER than to chance a DWI in Travis County.
While carrying open containers of alcohol on a boat is legal, drinking and boating is against the law. Most importantly, the blood alcohol concentration (BAC) limitation for boating and drinking is identical to limits for drinking and driving. A person can be convicted of boating while intoxicated (BWI), sometimes called boating under the influence (BUI), for operating a watercraft while: impaired by drugs or alcohol so as not to have “normal use of mental or physical faculties,” or having a blood, breath, or urine alcohol concentration (BAC) of .08% or greater In other words, a BUI can be based on blood alcohol concentration or actual impairment. Texas law prohibits operating a watercraft while intoxicated by drugs or alcohol.
In Texas, a person is legally intoxicated and may be arrested and charged with DWI with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. Whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle.
Getting stopped for drunk driving (commonly referred to as “dwi” – driving while intoxicated or “dui” – driving under the influence) is a serious offense and can have different consequences depending upon where you live. All 50 states have per se laws defining it as a crime to drive with a blood alcohol content (BAC) level at or above 0.08 percent. However, some states have enacted zero tolerance laws that lower that level for underage drivers and high BAC laws that impose harsher penalties for those caught with levels of .16 to .20. Getting stopped. When you’re stopped for drunk driving (or for something else and a police officer has reason to believe you’ve been drinking), you will generally be required to take a sobriety test (blood, breath or urine) to determine your BAC level. Most states have implied consent laws which means that you must comply with a test or face fines and/or license suspension – sometimes right on the spot – for refusing to take the test.
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