While you are probably familiar with the abbreviations DUI and DWI, it is not always apparent that the two have different applications—and they are not necessarily interchangeable under Texas law. When you are using the words in everyday conversation the difference is not likely to be important, as most people understand that they are talking about driving under the influence and driving while intoxicated. However, in the Texas justice system, there are several very important differences between the two.

Age and BAC

The charges of DUI and DWI differentiate by age, mostly. Texas has a zero-tolerance policy for under-aged drinking and driving. Anyone drinking before they reach the age of 21 and then drives may face charges for DUI, regardless of their alcohol level. If the blood alcohol concentration (BAC) is equal to or greater than 0.08%, even those under-aged can face the harsher DWI charges. A driver who is over the legal drinking age of 21 who is legally intoxicated while driving on a public road may be charged with DWI.

In this context, “intoxicated” does not mean simply having a drink. To be intoxicated, one must either:

If you have caused physical harm to another person, or even just threatened violence, you may be charged with assault under Texas law. Depending on the severity of the situation, there are three different types of assault you can be arrested and charged with. The three types are assault by contact, assault with bodily injury, and aggravated assault. Charges can range from a simple misdemeanor up to serious felony charges. It is important to have a knowledgeable criminal defense attorney on your side to help you through the process and fight the charges against you. 

Defining Assault in The State of Texas

Assault by Contact- An assault by contact charge is filed when a victim is not injured in the incident but is either threatened with violence or is offended by physical contact that has occurred.  Assault by contact is charged as a Class C Misdemeanor and a conviction is punishable by a fine as high as $500. 

Assault with Bodily Injury - Assault charges can be enhanced to a Class A misdemeanor when an injury results from the incident. This carries a punishment of up to one year in jail and a fine of up to $4,000. 

Getting your life back to normal after a driver’s license suspension for driving while intoxicated can be a daunting process. If it was your first DWI or you have received multiple DWIs in the past, the Texas Secretary of State has specific requirements that you must satisfy to get your driver’s license back. Having a knowledgeable attorney to guide you through the process can be instrumental in restoring your driving privileges. 

Once your suspension has ended, here are the steps to follow to have your driver’s license reinstated:

The popularity of minor cannabinoids such as Delta-8 THC continues to rise, but what is it, and is it legal in Texas?

Delta-8 THC is a hot topic in Texas right now, with lawmakers, law enforcement, cannabis retailers, and cannabis users all trying to get clarification on whether it's legal or illegal. Unfortunately, it's a huge gray area that has left many people wondering whether they're breaking the law buying or selling Delta-8 THC products.

In the following article, we'll take a closer look at what Delta-8 THC is, where it stands according to law enforcement, and what's been happening both in and out of the courts lately in Texas.

Attorney Craig Dameron was voted a Top Attorney in Criminal Defense in 2020 by two different publications! Attorney Craig Dameron was selected by 360 West Magazine and recently by Fort Worth Magazine! As an Experienced Criminal Defense Attorney in Fort Worth, Texas it is a great honor to be recognized and voted by your peers as a Top Criminal Defense Attorney. To make the list for each magazine, attorneys in the Fort Worth community vote who they believe are excellent attorneys in the Tarrant County legal community.

Exceptional Criminal Defense

Awards are great but achieving exceptional results for clients is even better! If you or a loved one has been arrested for Driving While Intoxicated, Possession of Marijuana, Theft, or any other criminal charge please call The Dameron Law Firm. If you have been arrested in Tarrant County, you will need an experienced criminal defense attorney in Fort Worth, Texas on your side!