Understanding Texas Penal Code Section 49.04: Driving While Intoxicated

If you or a loved one has been charged with driving while intoxicated (DWI) in Texas, it can feel overwhelming. This law is meant to keep roads safe, but facing charges means you need clear facts fast. Below, I’ll break it down simply. Then, learn why Deandra Grant Law is the right team to call right now—don’t keep searching online; get expert help today.Understanding Texas Penal Code Section 49.04 Driving While Intoxicated
  1. What the law prohibits or requires
This law makes it illegal to drive a car, truck, or other vehicle on a public road while intoxicated. “Intoxicated” means you don’t have full control of your mind or body because of alcohol, drugs, or a mix of substances—or your blood alcohol level is 0.08 or higher. It doesn’t require an accident; just being behind the wheel in that state is enough.
  1. What the penalties are if someone is convicted
For a first offense, it’s usually a Class B misdemeanor: at least 72 hours in jail (up to 180 days), plus fines up to $2,000. If you had an open alcohol container nearby, the minimum jail time jumps to 6 days. If your blood alcohol level was 0.15 or higher, it becomes a Class A misdemeanor: up to 1 year in jail and fines up to $4,000. Penalties get worse with repeat offenses—a second time means at least 30 days in jail, and a third can be a felony with 2-10 years in prison and fines up to $10,000. You could also lose your license, pay higher insurance, or face other long-term issues like a criminal record.
  1. What the state has to prove to convict someone (the elements of the offense)
To win a conviction, the state must show three main things beyond a reasonable doubt: – You were intoxicated (impaired by substances or blood alcohol 0.08+). – You were operating a vehicle (like starting the engine or driving). – This happened in a public place (such as a street or parking lot open to everyone). If any part is missing or weak, the case could fall apart.
  1. How Deandra Grant Law is uniquely qualified to help people accused of this crime
Deandra Grant Law focuses only on DWI and criminal defense, with nearly 30 years of experience fighting these cases across Texas, including offices in Dallas, Fort Worth, Allen, Denton, Waco, Austin, and Rockwall. Lead attorney Deandra M. Grant is a thought leader in the science behind DWI tests and breath/blood alcohol analysis, making her one of the few lawyers who can spot flaws in evidence that others miss. She writes the annually updated Texas DWI Manual as well as over 15 law books available on Amazon, teaches other lawyers about trial skills and forensic testing, and has won awards like Super Lawyers since 2011 and an AV Preeminent rating for top ethics and results. The team has achieved many “not guilty” verdicts and dismissals, even in tough cases like high blood alcohol levels or cases involving accidents. They dig deep into your arrest to check for rights violations, build strong defenses, and aim to reduce or drop charges. If you’re facing DWI charges, stop Googling—call Deandra Grant Law now for compassionate, expert help that could change your future.

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