A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
The key parts there are: 

1. Intoxicated 
2. While Operating a motor vehicle 
3. In a public place

A public place, could be private property. People are arrested everyday for driving in a parking lot.
Operating a vehicle does not mean you have to be driving the vehicle. Having the engine running, with the car in park, while asleep is enough to get arrested for DWI. 

The area where most cases focus is on intoxication. What is intoxication?
Intoxicated means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, or combination into the body; or having an alcohol concentration of .08 or more.

Now DWI law is one of the most difficult areas of criminal law to practice. There are too many details to discuss on this website, but I will touch on a couple. Also, please feel free to email me and ask any questions. 

1. Should I do the field sobriety test or give a breath/ blood test?
   Some attorneys will tell you never give a breath test. Generally, I agree. However, what if you have been somewhere with 3 friends and they will all swear on a stack of Bibles that you only had 1 beer? I would probably blow in that unreliable machine, but, only if I have a lot of evidence to support me. It is true the machine is not very reliable, and it does make errors. But refusing to blow will probably cost you your license, and get you arrested. In most cases, it is better to lose your license through the ALR process than to be convicted of DWI by an error prone machine. Let a jury look at you on video and make a determination of guilt or innocence. I will trust an impartial jury over that error prone machine everyday of the week.
   
   These field sobriety exercises the police want you to do are nothing more than a way to gather evidence for the police to prosecute you. They don’t tell you that everything is being recorded. They don’t tell you how you are being graded. They don’t let you practice at least one time like you would any other test. Letting you know what they were grading, and letting you practice would help you to do your best. They don’t want you to do your best! And, worse yet, these exercises are designed for you to fail!
   
   You cannot be compelled to be a witness against yourself. The State of Texas has to convict you with the evidence they have. 
   
   
2. What is the punishment for DWI?
   
   The punishment involved in DWI is the focus of day long legal education classes. There are both criminal and civil punishments. Unfortunately, a lot of lawyers handling DWI cases don’t know this. 
   
   Criminal Law
   A first time DWI conviction is a Class B Misdemeanor. It means up to 6 months in county jail, and up to a $2,000.00 fine. There are minimum jail time requirements depending on prior convictions and other facts. A second conviction is a Class A misdemeanor which is up to a $4,000.00 fine and 1 year in jail. A third arrest, with two prior convictions, is a 3rd degree felony.
   
   Deferred Adjudication is not available for DWI. 
   
   Driver’s License may be suspended, and there may be conditions such as an interlock device on your car. 
   
   Civil Penalties- ALR
   Something to consider with your DWI arrest is the ALR. The Administrative License Revocation hearing. This is something the State of Texas does outside of the criminal case process.
   
   If you refuse to give a breath/ blood sample your license could be suspended from 60 days to 2 years, depending on your age, and if there was a prior contact with law enforcement. If you give a breath/blood sample and fail, you will also face a license suspension, but for a shorter period of time. That being said, I do not trust the machine, and do not believe in letting the state use untrustworthy information to convict a person. So, I generally recommend refusing to give a sample.
   
   If your license is suspended, you may be eligible for what is known as an Essential Needs or Occupational License.
   
   It is also important to pay the reinstatement fee if your license is suspended. Otherwise, you will be driving with an invalid license (Class B misdemeanor), even after the suspension period is over.

If you have any questions about this offense or to find out more about Chad E. Jones, please contact us.

A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
The key parts there are: 

1. Intoxicated 
2. While Operating a motor vehicle 
3. In a public place

A public place, could be private property. People are arrested everyday for driving in a parking lot.
Operating a vehicle does not mean you have to be driving the vehicle. Having the engine running, with the car in park, while asleep is enough to get arrested for DWI. 

The area where most cases focus is on intoxication. What is intoxication?
Intoxicated means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, or combination into the body; or having an alcohol concentration of .08 or more.

Now DWI law is one of the most difficult areas of criminal law to practice. There are too many details to discuss on this website, but I will touch on a couple. Also, please feel free to email me and ask any questions. 

1. Should I do the field sobriety test or give a breath/ blood test?
   Some attorneys will tell you never give a breath test. Generally, I agree. However, what if you have been somewhere with 3 friends and they will all swear on a stack of Bibles that you only had 1 beer? I would probably blow in that unreliable machine, but, only if I have a lot of evidence to support me. It is true the machine is not very reliable, and it does make errors. But refusing to blow will probably cost you your license, and get you arrested. In most cases, it is better to lose your license through the ALR process than to be convicted of DWI by an error prone machine. Let a jury look at you on video and make a determination of guilt or innocence. I will trust an impartial jury over that error prone machine everyday of the week.
   
   These field sobriety exercises the police want you to do are nothing more than a way to gather evidence for the police to prosecute you. They don’t tell you that everything is being recorded. They don’t tell you how you are being graded. They don’t let you practice at least one time like you would any other test. Letting you know what they were grading, and letting you practice would help you to do your best. They don’t want you to do your best! And, worse yet, these exercises are designed for you to fail!
   
   You cannot be compelled to be a witness against yourself. The State of Texas has to convict you with the evidence they have. 
   
   
2. What is the punishment for DWI?
   
   The punishment involved in DWI is the focus of day long legal education classes. There are both criminal and civil punishments. Unfortunately, a lot of lawyers handling DWI cases don’t know this. 
   
   Criminal Law
   A first time DWI conviction is a Class B Misdemeanor. It means up to 6 months in county jail, and up to a $2,000.00 fine. There are minimum jail time requirements depending on prior convictions and other facts. A second conviction is a Class A misdemeanor which is up to a $4,000.00 fine and 1 year in jail. A third arrest, with two prior convictions, is a 3rd degree felony.
   
   Deferred Adjudication is not available for DWI. 
   
   Driver’s License may be suspended, and there may be conditions such as an interlock device on your car. 
   
   Civil Penalties- ALR
   Something to consider with your DWI arrest is the ALR. The Administrative License Revocation hearing. This is something the State of Texas does outside of the criminal case process.
   
   If you refuse to give a breath/ blood sample your license could be suspended from 60 days to 2 years, depending on your age, and if there was a prior contact with law enforcement. If you give a breath/blood sample and fail, you will also face a license suspension, but for a shorter period of time. That being said, I do not trust the machine, and do not believe in letting the state use untrustworthy information to convict a person. So, I generally recommend refusing to give a sample.
   
   If your license is suspended, you may be eligible for what is known as an Essential Needs or Occupational License.
   
   It is also important to pay the reinstatement fee if your license is suspended. Otherwise, you will be driving with an invalid license (Class B misdemeanor), even after the suspension period is over.

If you have any questions about this offense or to find out more about Chad E. Jones, please contact us.