Have you been faced with a DWI and wondered, “What does DWI mean?” DWI stands for “driving while intoxicated.” It is a criminal offense resulting from the operation of a motor vehicle while impaired by alcohol. Law enforcement officers can stop any driver whom they believe to be unsafe; they must have a reasonable suspicion that the driver is under the influence of alcohol.


A DWI in Texas is defined in Chapter 49 of the Texas State Penal Code under intoxication and alcoholic beverage offenses. “Intoxication” is defined specifically as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.” The prosecutor has the responsibility of proving the defendant did not have the normal use of his or her mental or physical faculties, and/or that he or she had too great of an alcohol concentration. Depending on the circumstances of the situation, it can be charged as either a misdemeanor or a felony.



If you are arrested for a DWI in Texas as a first offense, it will most likely be charged as a misdemeanor. That said, there are some circumstances in which a first offense DWI arrest could be charged as a felony. If a serious non-fatal injury results from an accident caused by an intoxicated driver; if driving while intoxicated leads to the death of another person; or if there is a child passenger present in the vehicle while the driver is intoxicated, felony charges will be levied. Note that a charge for a first offense DWI can be dismissed in cases where offenders enter a no-contest plea in court in order to participate in a deferred adjudication program. The presiding judge in each case can assign offenders to such a program and dismiss the case once  the offender completes it, keeping the crime from appearing at all in official records.

Based in McAllen, Texas, Guerra Law Firm, P.C., represents individuals in a wide range of criminal defense cases. If you need the services of a reputable DWI lawyer in South Texas, reach out to McAllen, Texas-based attorney Manuel “Manny” Guerra of Guerra Law Firm. Mr. Guerra understands the stress of being arrested and charged with a DWI in Texas. When you need an experienced, professional attorney you can trust to help you with your case, you can be sure that the competent and caring counsel at Guerra Law will work hard to help you get back on track in your life as quickly as possible. Contact Guerra Law Firm, P.C. at any time online or by calling 956-758-8712 to discuss the details of your case and how Mr. Guerra can assist you.