Driving while intoxicated (DWI) is generally a serious crime in Texas because of its severe penalties upon conviction. You can face jail or prison time, hefty court fines, license suspension, DPS surcharges, and difficulties sealing your conviction records. Obstruction of a highway (OOH) is a relatively minor offense that is, in most cases, used in plea deals. If you face a weak DWI charge, your attorney can accept or negotiate for an OOH plea deal for a favorable outcome in your case.

Understanding the difference between these two charges and their possible outcome is helpful for effective decision-making. A skilled attorney can help with that, as they help you navigate complex legal processes and defend your rights.

The Legal Definition of DWI Under Texas Law

DWI means operating a motor vehicle on a public road while physically or mentally impaired by alcohol or drugs. The police can arrest you for a DWI because your physical or mental faculties are impaired by drugs or alcohol, or because you have a blood-alcohol concentration of 0.08% or more in your system (for ordinary drivers) or 0.04% for commercial drivers. The prosecutor will determine the circumstances of your case and your criminal history to determine how to file your charges if arrested for a DWI. DWI charges apply mainly to adult drivers (aged 21 or older).

Underage drivers (21 years and younger) are charged according to the zero-tolerance law, which makes it a DUI offense for an underage driver to operate a vehicle with any amount of alcohol in their system.

If you face DWI or DUI charges in Texas, the prosecutor must prove the following elements of the crime beyond a reasonable doubt fr the court to find you guilty:

  • That you were operating a vehicle, meaning that you were physically in control of the vehicle. The vehicle can be a car, bus, truck, van, or motorcycle.

  • You were operating the vehicle in a public place, meaning any street, highway, or area accessible to the public. It does not matter whether there were people in that space

  • You were intoxicated, meaning that:

  • You did not have the normal use of your physical or mental faculties because of the alcohol or drugs you had consumed

  • You had a higher-than-legal concentration of alcohol in your blood, which impaired your driving abilities. Remember that the standard BAC is 0.08% for an ordinary driver, 0.04% for commercial drivers, and 0.01% for underage drivers

You can be arrested and charged with DWI after a random police investigation or at a legal DWI checkpoint. When police stop a motorist for DWI, they need probable cause. Without probable cause, your arrest is illegal, which can help your defense. However, if the police investigate you for DWI after stopping you for a traffic infraction, they have sufficient probable cause to make a DWI arrest. A skilled attorney can explain the legality of your arrest as they determine the right defense strategies to fight your charges.

Posible Penalties

The penalties for a DWI conviction in Texas escalate with each offense. The presence of aggravating factors in your case, like child endangerment or an accident, also affects the penalties you receive during sentencing. The least DWI charge is usually a Class B misdemeanor, which occurs when you face DWI charges for the first time, and there are no aggravating factors in your case. The most severe is usually a third-degree felony, which applies mainly to defendants facing a third DWI within 10 years. Here is a breakdown of DWI penalties for various DWI charges:

  1. First Offense DWI

This is mainly a Class B misdemeanor. The penalties include a jail sentence of 3 to 180 days, $ 2,000 in fines, and a 1-year driver’s license suspension. An aggravated first-offense DWI may occur if your BAC is 0.15% or higher. This aggravating factor will make it a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $4,000.

  1. Second offense DWI

This happens when you already have a prior DWI on your record within ten years of the current one. It is a Class A misdemeanor, punishable by the following:

  • A jail sentence of 30 days to one year

  • Fines of up to $4000

  • Two years of driver’s license suspension

Third of Subsequent Offense DWI

This happens when you have at least two prior DWIs on your record within ten years. It is a third-degree felony, punishable by the following:

  • Two to ten years in prison

  • Up to $10,000 in court fines

  • Driver’s license suspension for two years

Aggravating Factors

The penalties will increase if there are aggravating factors in your case, as follows:

  • If you were driving while intoxicated and had a minor aged 15 or younger as a passenger in the vehicle, you would likely receive an additional prison sentence of 6 months to two years, and up to $10,000 in court fines

  • If you commit an intoxication assault that results in serious bodily injury to one or more people, the prosecutor will charge you with third-degree felony, regardless of your criminal history.

  • If you commit intoxication manslaughter, you will receive charges for second-degree felony, punishable by two to twenty years in prison and $10,000 fine.

Additional Penalties

You are subject to additional penalties and consequences after a DWI conviction, including the following:

  • License revocation for severe DWI charges, regardless of the outcome of your DWI criminal case

  • A requirement to have an IID system in all your vehicles, especially for repeat DWI offenses, or higher BAC

  • Annual surcharges if you wish to retain your license after suspension or revocation

  • Enrollment into and mandatory participation in an alcohol treatment or education program at your own cost

The Legal Meaning of Obstruction of a Highway Under Texas Law

According to PC 42.03 of the Texas Law, obstruction of a highway happens when you intentionally and recklessly block a public way, whether a road or a sidewalk. You can block a way by making it difficult for other road users to use it. A prosecutor can also file charges under this law if you blatantly disobey a police directive to clear the way, creating an impediment or a safety concern in a public way. This is generally a Class B misdemeanor offense.

While obstruction of a highway can be used as an independent charge against anyone who violates the law, it is most often used in plea deals for DWI cases. The key aspect of this offense is that you prevented standard passage, even if the blockage was only partial. It also applies in various situations, regardless of the method with which you block the way, or if other people helped you create an obstruction.

For the court to give a guilty verdict under this statute, the prosecutor must prove these elements beyond a reasonable doubt:

  • You acted in a manner that created a physical block or impediment of a street, highway, railway, sidewalk, waterway, or any other passage that is accessible to the public

  • Your actions were intentional, knowingly and recklessly. You disregarded the substantial risk associated with it.

  • You disobeyed an order to move, even after a police officer, peace officer, or anyone else in authority gave you a reasonable order to clear the impediment r obstruction to prevent the blockage or for safety reasons.

Note: Obstruction of a highway applies to any kind of blockage or impediment to a public passage, not just a busy road or highway. It also does not require you to have blocked the entire road. Even a minor blockage can result in criminal charges.

Possible Penalties

Remember that obstructing a highway is a Class B misdemeanor. This is punishable by a 180-day jail sentence and a $2,000 fine.

The judge can sentence you to misdemeanor probation instead of jail, to serve your sentence from home. However, they will set strict probation conditions by which you must abide throughout the probation period. Your probation can last for two years. You are expected to submit periodic progress reports to the court within that period.

You could also be eligible for deferred adjudication, whereby the judge deferred your trial to allow you to complete a particular treatment or education program. If you complete the program, the judge dismisses your charges. However, they can continue your case from where they left it off if you fail to join the program or complete it.

Obstruction of Highway as a Plea Deal for a DWI

Remember that a DWI is a serious offense in Texas. Its consequences are serious and life-changing, even for a first DWI. You could lose your driving privilege, pay a hefty fine, or spend time in jail, prison, or probation, depending on the circumstances of your case and your criminal history. Prosecutors use plea deals to close complex cases, especially if they are uncertain of a case. A plea deal can benefit you in several ways, including the following:

  • It can result in reduced charges and penalties since you plead guilty to a lesser offense than the one for which you face charges.

  • It protects you from the stress and anxiety of an uncertain case outcome

  • It gives you a faster resolution for your case because you do not go through a trial

  • It protects you from a public trial and the humiliation and stigma that come with it

Prosecutors in Texas offer obstruction of a highway as a plea deal to quickly close your case or ensure that you serve a sentence for a crime after a DWI arrest. In most cases, prosecutors make this offer when they realize that they lack sufficient evidence to prove all elements of your case beyond a reasonable doubt. However, public trials are very tricky, and a jury can convict even when a prosecutor’s case seems weak. Thus, it could be in your best interest to accept a plea deal once it is offered.

Your criminal defense attorney can also ask for a plea deal from the prosecutor to save you time and protect you from the uncertainty of a jury trial. If the prosecutor accepts the agreement, they will present you to a court, where you will plead guilty to a lesser offense and take all the penalties the judge imposes.

Remember that a DWI conviction results in severe penalties. In addition to a lengthy jail sentence and a hefty court fine, you could lose your driver’s license to suspension or revocation. There are also DPS surcharges to consider if you wish to continue driving after a license suspension or revocation. Also, this can be very expensive and inconvenient. That is why it is a good idea to consider a plea deal when facing DWI charges.

Here are some of the benefits this plea deal offers:

Eligibility for Deferred Adjudication

Deferred adjudication happens when, even after a court finds enough evidence to convict you of a crime, the judge postpones the conviction to allow you to undergo training or rehabilitation on supervised probation. If you complete the probation successfully, the judge dismisses the case, meaning that you are acquitted of the underlying charge. However, if you fail to attend or complete the program, the judge continues your case from where they left off.

In most cases, defendants facing DWI charges are ineligible for deferred adjudication. However, your chances of eligibility increase if you accept a plea deal like obstruction of a highway. This is an excellent opportunity to avoid a conviction altogether and the adverse effects and disabilities that come with one.

No Superfines

Remember that a DWI conviction results in expensive penalties. In addition to paying a hefty court fine after sentencing, you are subject to additional charges, like superfines, which increase with the number of DWI convictions on your record. A first DWI conviction results in up to $3000 superfine, while a second or subsequent conviction results in a superfine of $4500 or more. There are additional superfines if aggravating factors apply in your case, such as a high BAC.

You do not have to worry about these if you accept a plea deal from a DWI to obstruction of a highway. Since obstruction of a highway is a Class B misdemeanor, the maximum fine you pay is $2000 without the possibility of an additional fine.

No DPS Driver History Record

A DWI conviction results in a record on your DPS driver history record. The Department of Public Safety, or DPS, is responsible for law enforcement, public safety programs, and issuance of driver’s licenses. Having a record with them may affect various aspects of your life, including your eligibility for favorable insurance rates, employment, and housing. Insurance companies conduct background checks to determine insurance premiums. If you have a violation record, you can be subject to higher insurance rates. Employers also verify your DPS record before considering you for a position. They may use your record to determine your suitability for employment.

A conviction for obstruction of a highway does not result in a record on your DPS driver history record. This means that the conviction may not significantly affect your life.

No Minimum Jail Sentences

DWI is a serious offense under Texas Law. This means its penalties are stiffer, including mandatory jail sentences, even for those eligible for probation. A jail sentence will significantly disrupt your life, especially if you are a family member, an employee, a businessperson, or a student. You could lose your job, business, critical opportunities, and the support of your loved ones if you spend more time in jail.

A conviction for obstruction of a highway does not include a mandatory jail sentence. If the judge sentences you to probation, you will serve your whole sentence outside of jail. Although you will still be under strict probation conditions, you can still go to work, school, attend to your business, or spend time with your loved ones.

How to Get an Obstruction of a Highway Plea Deal

If you face DWI charges today, you could be eligible for a plea deal. However, this is not usually automatic. If the prosecutor’s case is strong, they will prefer to go to trial because the possibility of a conviction is high. However, if the prosecutor’s case is weak, you can get a plea deal.

You can increase your chances of getting a plea deal by engaging the help of a competent criminal attorney. They will find loopholes in the prosecutor’s case that will weaken it, leading the prosecutor to offer a plea deal.

Find an Experienced Criminal Defense Lawyer Near Me

If you face DWI charges in Fort Worth, a plea deal is an excellent way of obtaining a favorable outcome in your case. DWI penalties are severe, but you can receive more lenient penalties if you plead guilty ot obstruction of a highway instead. A skilled attorney will explore this option to minimize the impact of a criminal conviction on your life.

At Fort Worth DWI Defense Lawyer, we explore various defense strategies before selecting the right one for each client. We can use a plea deal to reduce your penalties, save your time, and protect you from the stress and uncertainty of a trial. Call us at 817-470-2128 to learn more.