What is a Pasadena DWI?
It is illegal in every state to operate a motorized vehicle with a BAC or blood alcohol concentration of 0.08% or higher. Drivers under the age of 21 can be arrested with a BAC of 0.02% or higher and commercial drivers can be arrested and charged with a BAC with 0.04% or higher. If you are arrested for a Pasadena DWI you need to talk to a DWI lawyer.
Penal Code in Texas
In Pasadena, Texas, DWI is considered a Class B Misdemeanor. Under Texas DWI law you can be charged with DWI if you “are intoxicated while operating a motor vehicle in a public place.” For the state of Texas to prove their drunk driving case they must prove you were operating a motor vehicle, in a public place (street, highway, beach, or parking lot) and in a particular county. One of the following also must be proven:
- You did not have the normal use of physical faculties
- You did not have the normal use of mental faculties
- You had a BAC of 0.08 or more
Penalties for a Pasadena DWI
If you are arrested for a Pasadena DWI you are facing severe drunk driving penalties which may have negative consequences for your employment, your family and your future.
Texas refers to drunk driving as driving while intoxicated or DWI; this is a similar charge to DUI or driving under the influence, which is a more common term used in other states. DWI penalties in Pasadena, Texas, and throughout the state include the following:
- Fines not to exceed $2,000
- Confinement in the County Jail for a term of not less the 72 hours nor more than six (6) months.
- If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.
- Texas law mandates that a judge order not less than 24 hours or more than 100 hours.
Optional penalties for a Pasadena DWI
- Mandatory installation of an ignition interlock device
- Alcohol education course
- Not allowed to consume alcohol
What if you do not submit to a chemical test after a Pasadena DWI?
If you refuse to submit to a chemical test you will automatically face administrative DWI penalties, and the state may still be able to prove you were intoxicated if they can prove, “you did not have the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or you have an alcohol concentration of 0.08 or more.”
Consider also the state will not care if the drug is a prescription medication if the ingestion of the substance impairs your ability to safely operate your vehicle, especially if the medication label suggests that it should not be used if you are operating a vehicle.
Hiring a DUI lawyer after a Pasadena DWI
Do not try to fight a Pasadena DWI without legal assistance. Talk to a drunk driving lawyer for more information.
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