DWI penalties are generally the same for all vehicles.

Imagine you're out on the golf course - Montgomery County has over a dozen to choose from. You're having fun playing a round and possibly enjoying a drink. You might believe you're making a responsible choice by avoiding cars or trucks, but did you know that even operating a golf cart can result in felony DWI charges in Texas?

Golf cart DWI charges seem to be happening with more frequency. There have been at least two serious DWI golf cart cases in Texas over the last 12 months, including:

• A fatal golf cart accident in San Antonio resulted in an intoxicated manslaughter charge.
• A Denton man was charged with a third offense DWI for allegedly crashing a golf cart at a Denton clubhouse.

DWI and other types of drunk driving charges can be applied in more circumstances than many people may realize - golf cart DWI is just one example. Regardless of the vehicle involved, a DWI conviction has serious potential consequences, including jail time for convictions on first-time offenses, loss of license, thousands of dollars in fines, and a felony criminal record.

Here's what Texas drivers need to know to protect their rights and help avoid legal trouble while driving golf carts in the Lone Star State.

Golf cart DWI in Texas

A DWI (Driving While Intoxicated) charge is possible for a driver operating a golf cart because, like many states, Texas defines "DWI" and "motor vehicle" broadly. The charge itself is deceptively simple. Under Texas law, a DWI occurs when a "person is intoxicated while operating a motor vehicle in a public place."

As straightforward as this may sound, the law is complicated, with many exceptions and technicalities. For example, in Texas, a driver can be charged with DWI even if they haven't had a drop of alcohol in 8 or more hours.

In general, the law establishes three conditions that the prosecution must prove for a DWI conviction:

1. The driver was intoxicated.
2. The intoxicated driver was operating a motor vehicle.
3. The intoxicated driver was operating a motor vehicle in a public place.

However, the common and legal definitions of words may differ in important ways. That's why it's important to understand what "intoxication," "motor vehicle," and "public place" mean regarding a Texas DWI.

Defining terms in Texas DWI

As it applies to driving while under the influence, Texas law defines "intoxicated" 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."

For drivers under age 21, Texas has a zero-tolerance policy. The detection of any alcohol at all in a BAC test is grounds for a DWI charge.

In regard to a Texas DWI, motor vehicle means:

"A device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks."

A small golf cart meets the definition of a motor vehicle in Texas. Golf carts can typically transport about 950 lbs. and may have an electric or gas engine with a top speed of 15-20 mph. It is worth noting that in addition to motor vehicles, Texas DWI law applies to the operation of watercraft (boating while intoxicated) and the assembling of or operation of amusement rides.

And finally, what is considered a public place in Texas? In the context of a DWI, a public place is:

"Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops."

Therefore, even in places that may be marked "private," like golf courses and parking lots, Texas may consider the space "public" in terms of DWI charges.

Take DWI charges seriously

The vehicle is smaller and the speeds are slower, but the penalties for a golf cart DWI are just as harsh as they are for any other type of motor vehicle. Take golf cart DWI charges seriously from the start. If you are facing DWI charges involving a golf cart or any other type of vehicle, contact Amanda Webb - DWI Lawyer for a free case evaluation.

Our firm has been fighting to protect the freedom and rights of people accused of DWI in Montgomery County and the nearby area for decades. We are ready to hear from you any time, day or night. Contact us today for answers to your questions and an explanation of your potential legal options during a confidential case evaluation.

During routine traffic stops, police officers frequently check for the presence of alcohol on a driver's breath. This odor is a key factor in many Texas DWI arrests. Understanding its significance is vital for anyone charged with DWI. Amanda Webb - DWI Lawyer, sheds light on the significance of alcohol odor in DWI cases. We'll discuss what happens when an officer smells alcohol on your breath, the grounds for a DWI arrest, and essential tips to protect your rights during a traffic stop.

The significance of alcohol odor in DWI cases

The presence of alcohol on a driver's breath serves as a factor for establishing probable cause. This is the legal standard for an officer to further probe a suspected drunk driver. While the smell of alcohol on a driver's breath is a relevant factor, it's rarely the sole basis for a DWI arrest. Law enforcement officers rely on a combination of evidence and observations to build a DWI case.

If an officer detects alcohol on your breath, they may also conduct various tests and consider additional indicators of impairment. This includes slurred speech, bloodshot eyes, and lack of balance.

Factors that lead to being charged with DWI

To make a DWI arrest, a police officer must have a reasonable belief that you're driving under the influence of alcohol. Several common factors can contribute to an officer's decision to make an arrest. These include:

• Observable signs of impairment: These may include bloodshot eyes, slurred speech, impaired memory or thought, or poor balance and coordination.
• Performance on field sobriety tests: An officer may ask you to perform a standardized field sobriety test. This includes the walk-and-turn test, the horizontal-gaze-nystagmus test, and the one-leg-stand test.
• Admission of alcohol use: While having only one drink isn't necessarily illegal, admission of alcohol use often leads to arrests.
• Breathalyzer BAC test results: If an officer believes you're driving drunk, they may request a breathalyzer or blood test. This is done to measure your blood alcohol concentration (BAC). You can be arrested for DWI if your BAC is 0.08 percent or higher.
• Open containers: The presence of open alcohol containers in the vehicle can potentially lead to a DWI arrest.

Protecting Your Rights When Stopped for Drunk Driving

If you find yourself stopped for drunk driving in Texas, know your rights and understand how to protect them. Here are some key actions to take:

• Be calm and cooperate with police: Maintain politeness and composure during the traffic stop, avoiding confrontations that could escalate the situation.
• Provide basic information as requested: Present your driver's license, registration, and proof of insurance upon request. Failure to do so may result in additional charges.
• Exercise your right to remain silent: You have the right to remain silent. You don't have to tell a police officer where you've been, where you're going, or how much you've had to drink. Politely inform the officer that you wish to remain silent.
• Consider refusing field sobriety tests: In Texas, you have the right to decline field sobriety tests. These tests are voluntary, and refusal doesn't result in a penalty.
• Document the traffic stop and arrest: If you can, take notes about the traffic stop and arrest. Include details on the officer's actions, behavior, and testing protocols. These details may later help you build a strong defense.
• Take or refuse the preliminary breath test (PBT): In Texas, you generally have the right to refuse a breath test. Texas has an implied consent law. If you refuse to take a breath test, your driver's license may be automatically suspended for a period of time, even if you are not ultimately convicted of DWI.

Get an experienced Texas DWI lawyer if you've been charged

When charged with DWI in Texas, it's important to get a clear understanding of your rights. Our dedicated legal team would be glad to learn more about your arrest and review your potential legal options.

Attorney Webb and her legal team can thoroughly investigate your situation and ensure that the officer followed the correct protocols. To find out how we can help you, contact us for a free and confidential legal consultation.

Driving while intoxicated (DWI) is a serious offense that can have severe consequences, both legally and personally. One area where the impact of a DWI can be keenly felt is car insurance.

On average, when a Texas driver gets a DWI, their insurance rate goes up 58% for 3-10 years, according to WalletHub. This is an even bigger hit than it may first appear. Texas already has some of the highest insurance rates in the U.S., as drivers without DWIs on their records pay an average of $2,400 for full coverage.

Using WalletHub's calculations, a Texas driver with a DWI conviction would pay an average of about $3,800 for full coverage.

A DWI can have serious legal and personal consequences

Like many other states, Texas takes a strict stance on drunk driving, and insurance companies also take these violations seriously. A massive insurance rate hike is just one of many reasons why if you are charged with DWI in Texas, it's in your interest to contact an attorney.

Attorney Amanda Webb and her dedicated legal team have years of experience protecting the freedom of people accused of DWIs in Montgomery County and the surrounding area. We have a wealth of knowledge on Texas DWI law, process, and how to tear down seemingly solid evidence, like BAC test results.

DWI SR-22 insurance

As we noted, when a driver is convicted of a DWI, it can lead to a significant increase in car insurance premiums. The exact rate hike can vary depending on several factors, such as the insurance provider, the driver's prior record, and the circumstances of the DWI.

After a DWI conviction, drivers in Texas are often required to obtain an SR-22 certificate to reinstate or maintain their driving privileges. However, this can be difficult. Insurance companies typically view SR-22 coverage as undesirable or "high-risk" policies.

An SR-22 is a form that verifies a driver carries the minimum required liability insurance coverage. An SR-22 must be renewed annually, usually once every year for 2-3 years. This additional requirement adds to the hassle and financial burden of a DWI, as drivers must obtain and pay for the SR-22 filing.

If you need an SR-22, there's no getting out of it. An insurance card or policy cannot stand in place of an SR-22. Driving privileges and vehicle registration may be suspended if an SR-22 is required and not maintained.

Talk to a DWI defense lawyer about your potential options

In Texas, a DWI conviction can have far-reaching consequences, including a substantial impact on car insurance rates. However, there are steps a driver can take to mitigate the effects. First and foremost, the best course of action is to avoid further traffic violations or DWI offenses, as additional convictions will make the situation worse.

Also, completing a defensive driving course or alcohol education program can demonstrate commitment to responsible driving and may have a positive influence on insurance premiums.

However, the most critical thing to do after an arrest for DWI is to contact an experienced criminal defense lawyer. Remember, the legal process can move very fast, and the sooner you talk to an attorney, the better.

If you are facing DWI charges in Conroe, The Woodlands, Houston, or elsewhere in Waller County, Montgomery County, or Harris County, Texas, contact us today for a free DWI case evaluation. A member of our legal team can listen to the details of your case, answer your questions, and help you decide what to do next. Our law firm is available to hear from you any time, day or night, 7 days a week.

Make sure you have a DWI attorney who can protect your rights.

Driving while intoxicated, by its nature, is a crime that sometimes crosses state lines. If you live in another state and were charged with DWI in Texas, you may be wondering whether the process is different.

The short answer is that the process is mostly the same. While DWI laws vary from state to state, driving while intoxicated is a crime everywhere, and there is a great deal of overlap between state laws. Moreover, a DWI charge in one state will absolutely follow you around in other states. However, there are some differences in the legal process, and an experienced Texas DWI lawyer can help you navigate those differences.

Does an out-of-state DWI count as a previous charge for enhancement purposes?

As you may know, a key factor in the penalties you face for a DWI conviction is the number of previous convictions on your record. The penalties for a second DWI offense are significantly harsher than the penalties for a first offense, and the penalties for a third or subsequent offense are harsher still.

If you're wondering whether an out-of-state DWI counts as a previous offense for these purposes, the answer is yes. Note that an out-of-state charge may be called something different, such as DUI (driving under the influence), OUI (operating under the influence), or OWI (operating while intoxicated), but as far as Texas penalties for a second or subsequent DWI offense are concerned, they all count. So, if you have a previous DWI, DUI, OUI, OWI, or similar conviction in your home state, you are likely looking at enhanced penalties under Texas law, even if it's your first DWI in Texas.

Likewise, a DWI conviction in Texas will most likely count as a previous offense for enhancement purposes in your home state, although of course, these laws vary from state to state.

Can Texas suspend an out-of-state driver's license?

The State of Texas does not have the authority to suspend or revoke a driver's license issued by another state. So if you are licensed in another state and get a DWI in Texas, then you are not subject to the license suspension or revocation penalties that Texas typically applies in DWI cases.

However, like nearly all U.S. states, Texas is part of the Driver's License Compact (DLC), which means it shares DWI information with other states. So, if your home state normally suspends driver's licenses for DWI or equivalent arrests or convictions, then your driver's license will very likely be suspended by your home state after a DWI arrest or conviction in Texas (unless you live in one of the few states that are not in the DLC).

The same generally applies to any associated points, insurance surcharges, or other administrative penalties, although how those penalties are applied to out-of-state offenses varies from state to state.

In addition, a DWI in Texas will be added to the National Driver Registry, which any state can access. A future application for a driver's license in your current state or another state may be held up based on the information in this registry.

Why you need a Texas attorney to fight a Texas DWI charge

If you were arrested for DWI in Texas, it's especially important that you hire a local Texas attorney to handle your defense. A local attorney who knows the law, the courts, the judges, and the juries will be best positioned to help you fight the charges and protect your rights.

From a logistical perspective, hiring a local attorney also means we can handle matters in Texas on your behalf while you return home. In many cases, we are able to resolve a DWI charge for an out-of-state client without any need for you to return to Texas for hearings or other proceedings.

We can move your case forward with remote consultations, conference calls, overnight delivery of documents, and so on.

Remember, the legal process for DWI in Texas moves fast, and the sooner you hire an attorney, the better. If you are facing DWI charges in Texas as an out-of-state driver, contact Amanda Webb — DWI Lawyer as soon as possible for a free consultation.