Defense Attorney for Intoxication Offenses in Lubbock County

You can be arrested for a variety of criminal offenses in Lubbock while you are intoxicated. Some of these crimes can carry very serious penalties, and being convicted of any of these intoxication offenses will have a large impact on your life. Some common intoxication offenses include:

  • Driving While Intoxicated

  • Driving Under the Influence of Alcohol by Minor

  • Boating While Intoxicated

  • Intoxication Assault

  • Intoxication Manslaughter

  • Public Intoxication

If you are facing criminal charges for an intoxication offense in West Texas, you will need a criminal defense attorney who has experience handling these types of criminal law charges to fight for your rights and help you avoid losing your driver's license or jail time. As a criminal defense lawyer, I think every case is my most important case. I'm not afraid of jury trials and I'm not afraid to fight the state. Contact me today for a free consultation to learn how I can support you with high-quality legal representation during this difficult time.


Intoxication

In Texas, to be considered legally intoxicated, you must either:

  • Lose the normal use of mental or physical faculties due to the introduction of alcohol, drug(s), or a combination of the two; or

  • Have a blood alcohol concentration (BAC) of .08 or more at the offense.

Relevant Statute:

Texas Penal Code § 49.01 — Definition of “Intoxicated”


Driving While Intoxicated

Under Texas drunk driving laws, law enforcement can arrest you for Driving While Intoxicated (DWI) if you operate a motor vehicle in a public place while intoxicated. You can also be charged with Driving While Intoxicated with Child Passenger if you operate a motor vehicle that is occupied by a child under the age of 15 while intoxicated.

Driving While Intoxicated is a Class B misdemeanor, unless your BAC was 0.15 or more at the time the analysis was performed, in which case the offense is a Class A misdemeanor. Driving While Intoxicated with Child Passenger is a state jail felony.

DWI cases can be challenging, but, as a Lubbock DWI lawyer, I use a wide range of DWI defense methods to help you avoid a DWI conviction. A DWI arrest does not have to ruin your life. Contact me today for a free case evaluation.

Relevant Statutes:

Texas Penal Code § 32.34 — Definition of “Motor Vehicle”

Texas Penal Code § 49.04 — Driving While Intoxicated

Texas Penal Code § 49.045 — Driving While Intoxicated with Child Passenger


Boating While Intoxicated

Under Texas law, it is illegal to operate a watercraft while intoxicated from drug or alcohol use. The term “watercraft: includes any of the following:

  • A vessel;

  • One or more water skis;

  • An aquaplane; or

  • Any other device used for transporting or carrying a person on water, other than a device propelled only by the current of water.

BWI charges are considered just as serious as DWI in Texas and the penalties for BWI cases are the same as the penalties for DWI.

Relevant Statutes:

Texas Penal Code § 49.01 — Definition of “Watercraft”

Texas Penal Code § 49.06 — Boating While Intoxicated


Driving or Operating Watercraft Under the Influence of Alcohol by Minor

Texas is a zero tolerance state when it comes to Driving or Operating Watercraft Under the Influence of Alcohol by Minor (DUI), which is a Class C misdemeanor offense. This means that minors cannot drive or operate a boat with ANY detectable amount of alcohol in their systems, and police officers can arrest minors even if they are not intoxicated.

It’s important to note that in this statute, the word “minor” doesn’t just refer to children who are under the age of 18, it also includes anyone who is under the age of 21, which is the legal drinking age. So, for DUI charges, 18-year-olds, 19-year-olds, and 20-year-olds will also be considered minors by law enforcement officers.

Relevant Statute:

Texas Alcoholic Beverage Code § 106.041 — Driving or Operating Watercraft Under the Influence of Alcohol by Minor


Intoxication Assault

You can be charged with Intoxication Assault, which is generally third degree felony, if you accidentally cause “serious bodily injury to another” while committing DWI or BWI, or certain other intoxication-related crimes. Texas law defines “serious bodily injury” as an injury that:

  • Creates a substantial risk of death;

  • Causes serious permanent disfigurement; or

  • Causes the protracted loss or impairment of the functioning of a bodily member or organ.

Relevant Statute:

Texas Penal Code § 49.07 — Intoxication Assault


Intoxication Manslaughter

In Texas, you are guilty of Intoxication Manslaughter if you commit DWI, BWI, or certain other intoxication-related offenses, and cause the death of another person by accident. Intoxication

Manslaughter is usually a second degree felony.

Relevant Statute:

Texas Penal Code § 49.08 — Intoxication Manslaughter


Public Intoxication

Even if you don’t drive or hurt anyone, you can be arrested for Public Intoxication if you appear in a public place while intoxicated by drugs or alcohol to the degree that you may be a danger to yourself or others. For people who are over the legal drinking age, Public Intoxication is a Class C misdemeanor.

Relevant Statute:

Texas Penal Code § 49.02 — Public Intoxication