Statute
Texas Penal Code
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Austin DWI Lawyer
How Long is the Statute of Limitations for DWI in Texas?
That depends on whether it’s a misdemeanor or a felony. First and Second Offense DWIs in Texas are Class B, and Class A Misdemeanors, respectively. Third Offense DWI (and above) are Felonies.…
Austin DWI Lawyer
Life in Prison without any Intent to Commit an Offense
Grits for Breakfast comments on a new bill recently filed in the Texas Legislature that would increase the punishment for Intoxication Manslaughter from a second degree felony to a first…
Austin DWI Lawyer
Ticket for Open Container
Hello Mr. Spencer, I had a question about an "open container" charge. My wife and I came to visit Dallas, Tx from Oklahoma. We wanted something fun to do so we went…
Austin DWI Lawyer
Is it legal to U-Turn at a No Left Turn sign?
I had a DWI client who was initially stopped for making a U-Turn at an intersection in Austin where there was a posted “No Left Turn” sign. Never having seen this…
Austin DWI Lawyer
Four types of Felony DWI in Texas
There are 4 basic types of felony DWI in the Texas Penal Code. The most common of these is probably DWI third, that is, a new DWI charge with two…
Austin DWI Lawyer
No Deferred Adjudication for DWI in Texas
The Texas statute covering deferred adjudication probation allows a defendant to plead no contest (or even guilty) to certain charges and be placed on a type of probation that, if…
Austin Criminal Defense Lawyer
Why You Should Never Consent To Any Police Search…
From Grits for Breakfast: 'Consent' lets Texas police move car, remove gas tank (From FourthAmendment.com): Generalized consent to search a car in Texas apparently includes having to endure the officer…
Austin Criminal Defense Lawyer
Austin Texas Faces Its Driving While License Suspended Problem
The Austin American Statesman ran an article today called “Unlicensed Drivers Clog System”. The short version of it is this: in 2003, the Texas Legislature needed to pull an accounting trick…
Austin DWI Lawyer
Texas Penal Code Chapter 49 – Intoxication and Alcoholic Beverage Offenses (DWI, PI, Open Container)
§ 49.01. Definitions. § 49.02. Public Intoxication. § 49.031 Possession of Alcoholic Beverage in Motor Vehicle. § 49.04. Driving While Intoxicated. § 49.045 Driving While Intoxicated with Child Passenger. §…
Austin DWI Lawyer
Chapter 49 Definitions (DWI Alcohol Concentration and Intoxicated) – Texas Penal Code Section 49.01
§ 49.01. Definitions. In this chapter: (1) "Alcohol concentration" means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters…