Comal County DWI Attorney

Aggressive & Passionate Defense 

A conviction for driving while intoxicated (DWI) can have serious and long-term consequences. In Texas, a DWI conviction carries severe penalties, such as hefty fines, potential jail time, and the suspension of your driver's license. There are also other non-legal consequences that can arise if convicted. This can include challenges getting around town, a damaged reputation, and difficulties in finding employment.

This highlights the importance of seeking quality legal counsel. Our highly skilled attorneys at The Law Offices of David C. Hardaway are members of the National College for DUI Defense and the DUI Defense Lawyers Association. 

With our extensive knowledge and experience in defending individuals against various criminal charges stemming from impaired driving, we are dedicated to providing you with a robust defense strategy tailored to your specific circumstances.

Contact us today at (512) 846-9966 or submit an online message to set up a consultation with our DWI lawyers in Comal County, TX.

What Is the Legal Alcohol Limit in Texas?

According to Tex. Pen. Code § 49.01, an individual is deemed intoxicated if they lack "the normal use of mental or physical faculties due to the presence of alcohol, controlled substances, drugs, dangerous drugs, a mix of these substances, or any other substance" or if their blood alcohol concentration (BAC) is .08 or higher while driving. 

Blood Alcohol Levels & DWI Arrests

Any driver over 21 found operating a vehicle in a public area with a BAC of 0.08% or more is considered unlawfully impaired and can be arrested for DWI. Those with a BAC of 0.15% or higher may face increased penalties upon conviction. 

Drivers under 21 can face DWI charges with any detectable alcohol level. Furthermore, commercial drivers must adhere to stricter standards and are considered unlawfully impaired at a BAC of 0.04% or higher. 

Law enforcement has the authority to arrest individuals for DWI even if they are below the legal limit. When signs of impairment such as slurred speech or delayed reactions are evident, an officer may determine the driver is unfit to operate a vehicle safely and make an arrest.

DWI Penalties in Texas

Convictions for DWI offenses carry significant penalties that escalate with repeated violations.

First offense penalties include:

• Up to $2,000 fine
• Three to 180 days in jail
• Loss of driver’s license for up to a year

Second offense penalties include:

• Up to $4,000 fine
• One month to a year in jail
• Loss of driver’s license for up to two years

Third offense penalties include:

• A $10,000 fine
• Two to 10 years in prison
• Loss of driver’s license for up to two years

Moreover, driving impaired with a child under 15 in the vehicle can lead to child endangerment charges. This offense can result in an additional fine of up to $10,000, a maximum of two years in jail, and an extra 180-day suspension of driving privileges. No matter what type of DWI charges you are facing, it is crucial to hire our skilled Comal County DWI defense attorneys to build a strong defense.

Intoxication Assault vs. Intoxication Manslaughter: What Are the Differences?

"Intoxication assault" is a charge individuals can face in addition to a DWI if their impaired driving leads to an accident that causes serious bodily injury. According to Tex. Pen. Code § 49.07, a serious bodily injury is 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.” The driver's intent to cause harm is irrelevant. Third-degree felony charges (or second-degree felony charges in specific circumstances) can still apply.

When impaired driving leads to a fatality, charges of "intoxicated manslaughter" may be brought forth. It's crucial to note that manslaughter differs from murder and homicide but still carries severe consequences. Even if not primarily at fault for the accident, individuals can be charged with intoxicated vehicular manslaughter.

Contact Our DWI Attorney in Comal County

With over a decade of experience, our team at The Law Offices of David C. Hardaway has encountered a wide range of DWI cases. We understand the significance of the matters at hand for our clients, which fuels our passionate advocacy on their behalf. 

When you choose our Comal County DWI lawyers, you gain access to a dedicated group of seasoned legal professionals who can meticulously investigate your case, offer personalized advice tailored to your needs, and provide ongoing guidance throughout the legal process. Our goal is to pursue the most favorable outcome for you and protect your rights and interests every step of the way.

Dial (512) 846-9966 or fill out our online form to request an initial consultation with our team.