And Other Intoxication Offenses in Texas
Mark Stevens – San Antonio Criminal Defense Lawyer
If you are charged with DWI it means that a prosecutor believes you operated a motor vehicle in a public place while intoxicated. Ordinarily this is a misdemeanor offense. If you have been twice previously convicted of DWI, or if you have a passenger younger than 15 with you, or if there is an accident and someone is seriously injured or killed, you could be charged with a felony. Misdemeanor or felony, all drinking and driving offenses in Texas are extremely serious. You could go to jail or prison, be fined, lose your driver’s license, or your job. Drinking and driving charges are unique both because of the consequences that flow from conviction, and because of the specialized advocacy skills necessary to mount an effective defense. Choosing a DWI attorney is an important decision that must be decided upon with care.
Mark Stevens is Board Certified in Criminal Law by the Texas Board of Legal Specialization. In addition to his full-time law practice, Attorney Mark Stevens is an adjunct professor of law at St. Mary’s University School of Law. And he has lectured many times at continuing legal education classes all over the state on the subject of defending DWIs. Some of these papers can be read in the Publications section of this website.
Successful Trial And Pretrial Resolutions
Mark Stevens has represented hundreds of people charged with intoxication offenses, including intoxication manslaughter, intoxication assault, driving while intoxicated with child passenger, misdemeanor and felony driving while intoxicated, boating while intoxicated, and public intoxication, and has achieved favorable results for clients in Bexar, Travis, Comal, Hays, Kerr, Guadalupe, Wilson, Atascosa, Gillespie, Kinney, Medina, Uvalde, Karnes, Kendall, Bandera, Cameron, Blanco, and Aransas Counties.
Murphy v. State, 44 S.W. 3d 656 (Tex. App.-Austin 2001, no pet.)(felony DWI conviction reversed and remanded for new trial where trial court erred by defining "normal use")
Sanchez v. State, No. 04-91-00500-CR (Tex. App.-San Antonio 1992)(DWI conviction reversed and remanded for new trial where trial court erroneously limited time for jury selection)
State v. Garza, 2005 WL 2138082 (Tex. App.-San Antonio 2005, no pet.)(affirming trial court’s order suppressing breath test results because simulator was not operating at a known temperature)
Johnson v. State, 693 S.W. 2d 707 (Tex. App.–San Antonio 1985), pet. ref’d, 710 S.W. 2d 599 (Tex. Crim. App. 1986)(convictions for two counts of intoxication manslaughter reversed and new trials ordered because of prosecutor’s erroneous and prejudicial argument)
Texas Intoxication Statutes
Definitions (Texas Penal Code § 49.01)
Public Intoxication (Texas Penal Code § 49.02)
Possession Of Alcoholic Beverage In Motor Vehicle (Texas Penal Code § 49.031)
Driving While Intoxicated (first offense)(Texas Penal Code § 49.04)
Driving While Intoxicated With Child Passenger (Texas Penal Code § 49.045)
Flying While Intoxicated (Texas Penal Code § 49.05)
Boating While Intoxicated (Texas Penal Code § 49.06)
Assembling Or Operating An Amusement Ride While Intoxicated (Texas Penal Code § 49.065)
Intoxication Assault (Texas Penal Code § 49.07)
Intoxication Manslaughter (Texas Penal Code § 49.08)
Enhanced Offenses And Penalties (Texas Penal Code § 49.09)