Texas law requires an officer to have reasonable suspicion that a crime is being committed in order to stop and detain a driver. Speeding, failing to maintain a single lane, failures with your vehicle’s lighting or other functions, and expired registration or insurance are just a few of the many reasons an officer can stop you while you’re driving. In order to make an arrest for DWI, an officer must have probable cause. An officer can form probable cause by observing an odor of alcohol on your breath, an open alcohol container in your car, red glassy eyes, slurred speech, impaired or slow motor functions, cognitive impairment or confusion, and more. Though probable cause allows you to be arrested, it does not necessarily provide enough evidence for you to be convicted.

Having an experienced and knowledgeable attorney can be the difference between having your case dismissed, being acquitted, or being found guilty. If you believe you have been wrongly accused of driving while intoxicated or an intoxication related offense, we can help!

Our team prepares each case as if it were already going to trial, presents your case aggressively at all phases, thoroughly investigates your case to find any discrepancies, reviews and identifies problems with field sobriety or chemical tests, understands the law and how it applies to each unique case, and negotiates on your behalf to make sure you get a fair outcome.

Attorney Burns and Attorney Burns Peña handle all intoxication related offenses including:

Driving While Intoxicated Charges (DWI) First Offense

  • Offense Level: Class B Misdemeanor
  • Maximum Fine: Up to $2,000
  • Jail Range: 72 hours to 180 days
  • License Suspension: 90 to 365 days

First DWI with Open Container Enhancement

  • Offense Level: Class B Misdemeanor
  • Maximum Fine: Up to $2,000
  • Jail Range: 6 days to 180 days in county jail
  • License Suspension: 90 to 365 days

Driving While Intoxicated Charges (DWI) Second Offense

  • Offense Level: Class A Misdemeanor
  • Maximum Fine: Up to $4,000
  • Jail Range: 30 to 365 days
  • License Suspension: 180 days to 2 years

DWI with Blood Alcohol Concentration (BAC) at or over .15

  • Offense Level: Class A Misdemeanor
  • Maximum Fine: Up to $4,000
  • Jail Range: 72 hours to 1 year in county jail
  • License Suspension: 90 to 365 days

Driving While Intoxicated Charges (DWI) Third Offense

  • Offense Level: 3rd Degree Felony
  • Maximum Fine: Up to $10,000
  • Jail Range: 2 to 10 years in Texas Department of Criminal Justice (TDCJ)
  • License Suspension: 180 days to 2 years

Driving While Intoxicated Charges (DWI) Third or more DWI with 1 prior state prison sentence

  • Offense Level: Punished as a 2nd Degree Felony
  • Maximum Fine: Up to $10,000
  • Jail Range: 2 to 20 years in Texas Department of Criminal Justice (TDCJ)
  • License Suspension: Up to 2 years

Driving While Intoxicated Charges (DWI) Third or more DWI with 2 prior state prison sentences

  • Offense Level: Enhanced Felony Punishment
  • Maximum Fine: Up to $10,000
  • Jail Range: 25 years to life in Texas Department of Criminal Justice (TDCJ)
  • License Suspension: Up to 2 years

Boating While Intoxicated (BWI) First Offense

  • Offense Level: Class B Misdemeanor
  • Maximum Fine: Up to $2,000
  • Jail Range: 72 hours to 180 days
  • License Suspension: 90 to 365 days

Boating While Intoxicated (BWI) Second Offense

  • Offense Level: Class A Misdemeanor
  • Maximum Fine: Up to $4,000
  • Jail Range: 30 to 365 days
  • License Suspension: 180 days to 2 years

BWI with Blood Alcohol Concentration (BAC) at or over .15

  • Offense Level: Class A Misdemeanor
  • Maximum Fine: Up to $4,000
  • Jail Range: 72 hours to 1 year in county jail
  • License Suspension: 90 to 365 days

Boating While Intoxicated (BWI) Third Offense

Boating while intoxicated (BWI) is a Class B misdemeanor, according to Texas Penal Code Section 49.06. A first-time conviction for a BWI comes with the possibility of jail time, ranging from 72 hours to 6 months.

Boating While Intoxicated (BWI) Third or more BWI with 1 prior state prison sentence

  • Offense Level: Punished as a 2nd Degree Felony
  • Maximum Fine: Up to $10,000
  • Jail Range: 2 to 20 years in Texas Department of Criminal Justice (TDCJ)
  • License Suspension: Up to 2 years

Boating While Intoxicated (BWI) Third or more BWI with 2 prior state prison sentences

  • Offense Level: Enhanced Felony Punishment
  • Maximum Fine: Up to $10,000
  • Jail Range: 25 years to life in Texas Department of Criminal Justice (TDCJ)
  • License Suspension: Up to 2 years

Intoxication Assault - DWI that results in serious bodily injury

  • Offense Level: 3rd Degree Felony
  • Maximum Fine: Up to $10,000
  • Jail Range: 2 to 10 years to life in Texas Department of Criminal Justice (TDCJ)
  • License Suspension: 180 days to 2 years

Intoxication Manslaughter - DWI that Causes Death

  • Offense Level: 2nd Degree Felony
  • Maximum Fine: Up to $10,000
  • Jail Range: 2 to 10 years to life in Texas Department of Criminal Justice (TDCJ)
  • License Suspension: 180 days to 2 years

DWI with Child Passenger - Child Younger than 15 Years of Age

  • Offense Level: State Jail Felony
  • Maximum Fine: Up to $10,000
  • Jail Range: 6 months to 2 years in State Jail Facility
  • License Suspension: 90 days to 2 years