DWI vs. Public Intoxication in Texas Key Differences

If you find yourself facing charges related to DWI or public intoxication in Texas, it’s natural to feel confused and worried. Legal situations can be overwhelming, especially when you may not fully understand the differences between these two charges. At Wilder Law Firm, we understand the stress and uncertainty you’re feeling right now, and we are here to help guide you through every step of the process. We know that this might be a difficult time, but rest assured that we will do everything we can to help you navigate your case and work toward a favorable outcome.

Understanding DWI in Texas

Driving While Intoxicated (DWI) is one of the most common charges people face when alcohol or drugs impair their ability to operate a vehicle. In Texas, a person can be charged with DWI if their blood alcohol concentration (BAC) is 0.08 percent or higher, or if their ability to drive is impaired by alcohol, drugs, or a combination of both. DWI is considered a criminal offense and carries serious consequences.

If you are stopped by law enforcement while driving, they may ask you to perform a field sobriety test or take a breathalyzer. If the officer believes that you are intoxicated, they will arrest you. The charges for a DWI offense depend on several factors, including whether it is a first-time offense, if there were children in the vehicle, or if someone was injured as a result of your impaired driving. Penalties for a DWI conviction can include fines, license suspension, mandatory alcohol education courses, and even jail time in more serious cases.

What Is Public Intoxication

Public intoxication, on the other hand, is a separate charge from DWI. In Texas, public intoxication occurs when a person is visibly intoxicated in a public place and poses a danger to themselves or others. Being drunk or high in public doesn’t automatically mean that a person will face criminal charges. However, if an officer believes that someone is too intoxicated to take care of themselves or is endangering others, they may be arrested for public intoxication. This charge does not require that the person was driving or operating a vehicle.

Public intoxication is considered a Class C misdemeanor in Texas, which is a less serious offense compared to DWI. While the penalties for public intoxication are generally less severe, they can still have an impact on your criminal record and personal life. A conviction may result in a fine, but it does not carry the same long-term consequences as a DWI conviction, such as the loss of your driver’s license or jail time.

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

Key Differences Between DWI and Public Intoxication

There are several important distinctions between DWI and public intoxication charges in Texas. Understanding these differences is essential for anyone facing either of these charges.

The most obvious difference is the nature of the offense. A DWI involves operating a vehicle while intoxicated, while public intoxication refers to being intoxicated in a public place, regardless of whether you were driving. DWI charges are far more serious because they are related to driving and can involve accidents, injuries, or fatalities. Public intoxication, on the other hand, is typically a less severe charge because it does not involve operating a vehicle or putting others at risk in the same way.

Another key difference is the penalties associated with each charge. A DWI conviction can result in heavy fines, license suspension, and even jail time, depending on the circumstances. Public intoxication charges typically result in smaller fines and are considered less damaging to your record. However, both charges can have consequences that affect your reputation and future opportunities.

In terms of legal process, DWI cases often involve more complex defenses because they require evidence of impairment while driving, such as breathalyzer results or field sobriety tests. Public intoxication charges are typically easier to defend, as the focus is on whether you were posing a danger to yourself or others while intoxicated in public. However, both charges still require strong legal representation to ensure that your rights are protected and that you receive the best possible outcome.

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Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!”

- Anil Lingutla

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I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."

- Isaac Harrell

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After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."

- JJ Canter

What to Do If You’re Facing DWI or Public Intoxication Charges

If you are facing DWI or public intoxication charges in Texas, the most important thing you can do is to seek legal counsel immediately. Even though public intoxication is considered a less severe charge than DWI, it can still have an impact on your future. A DWI conviction can carry long-term consequences, including damage to your reputation, financial strain from fines and legal fees, and the loss of your driver’s license.

At Wilder Law Firm, we understand how critical it is to have an experienced attorney by your side when facing these types of charges. We are committed to helping you navigate the legal process, defending your rights, and working toward a favorable outcome for your case. Our team has a track record of success in handling cases like yours, and we will fight for your best interests every step of the way.

The Role of an Attorney in Your DWI or Public Intoxication Case

An attorney plays a critical role in any DWI or public intoxication case. Whether you’re facing a misdemeanor charge for public intoxication or a more serious DWI charge, having a skilled lawyer who understands the law and the local court system can make a significant difference in the outcome of your case. Your attorney will investigate the circumstances of your arrest, gather evidence, and build a strong defense tailored to your specific situation.

In DWI cases, an attorney will challenge the evidence used against you, such as the results of breathalyzer tests or field sobriety tests. They may argue that the officer did not have probable cause to stop your vehicle or that the tests were administered improperly. For public intoxication charges, an attorney will work to show that you were not a danger to yourself or others and that the officer’s arrest was not justified.

700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS

DWI - Not Guilty

0.117 BAC Three Hours After Causing A 3-Car Accident

Second DWI - Not Guilty

0.24 DWI on Moped And Stipulated To Intoxication In Trail

DWI - Not Guilty

2 DWIs 3 Years Apart

DWI - Not Guilty

2nd DWI .165 BAC

DWI - Not Guilty

2nd DWI - Refused Sobriety Testing

DWI - Not Guilty

0.199 BAC 2.5 Hours After The Stop

Additionally, your attorney will help you understand the legal process, explain your options, and guide you in making informed decisions throughout the case. Having an attorney on your side ensures that you are not alone in facing the legal system and that you have someone who is advocating for you.

Why Wilder Law Firm Can Help

At Wilder Law Firm, we understand that facing DWI or public intoxication charges can be an emotional and stressful experience. Our team is here to support you, providing compassionate legal representation and a strong defense to help you get the best possible outcome. Whether you’re facing a minor public intoxication charge or a serious DWI case, we have the experience and resources to handle your case with care and dedication. We believe in fighting for your rights and helping you move forward after a challenging situation.

If you are facing DWI or public intoxication charges in Texas, don’t hesitate to reach out to us at Wilder Law Firm. Let us help you understand your options and work toward a successful resolution of your case. Your future matters to us, and we are ready to stand by your side. Contact us today for a consultation, and let us help guide you through this difficult time.

To learn more about this subject click here: Can You Refuse a Breathalyzer Test in Texas?