Keeping You Informed: Effective 09/01/2011, the Texas legislature passed the Abdallah Khader Act. This bill makes driving while intoxicated with a blood-alcohol content level of 0.15% a Class A misdemeanor (which carries a penalty of up to a year in jail instead of a maximum of 180 days). The bill also makes the crime of intoxication assault, in which the victim is left in a vegetative state, a second-degree felony (which carries a penalty of two to 20 years instead of two to 10 years).

Public Intoxication Vs. DWI

Texas Intoxication Criminal Defense Lawyer

While you may often hear them mentioned in similar contexts, a public intoxication charge is not the same as a DWI. “Intoxicated” does not even have the same meaning in the charges. “Intoxicated” for a DWI means having lost normal use of physical and mental faculties and/or having a blood alcohol concentration of .08 or higher while driving. In the context of a public intoxication charge, however, “intoxicated” means a person is a danger to him - or herself or a danger to others.

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Furthermore, police officers typically videotape DWI suspects when they are pulled over and when they arrive in jail. DWI suspects also must submit to a blood alcohol concentration test upon their arrest. No such procedures exist for public intoxication charges. Finally, public intoxication is a Class C misdemeanor, which is the lowest class of offense. Punishment may include a fine of up to $500 but jail time is not possible.

If you have been charged with a DWI contact the Texas DWI Defense Lawyers at Grossman Law Offices.


Related articles:
Dallas misdemeanor cases
Types of DWI cases
Types of probation

Questions answered in this article:
What are the differences between DWI and public intoxication?
How do you test for intoxication for DWI?
Do you take a blood test for public intoxication?


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