Obstruction of a Highway

Obstruction of a Highway


Q: What is Obstruction of a Highway?

A: Obstruction of a highway is defined under Texas Penal Code 42.03 as a Class B misdemeanor. It involves blocking a road or highway, often seen in the context of protests, and can lead to up to 180 days in county jail or a fine of up to $2,000.

Q: How is Obstruction of a Highway Related to DWI Cases in Texas?

A: In some Texas counties, obstruction of a highway is used as an alternative to a DWI conviction. This is not explicitly stated in the penal code but is a workaround used by county attorneys for certain DWI cases where the evidence is not overwhelmingly strong.

Q: What Are the Benefits of an Obstruction of a Highway Plea in a DWI Case

A: The primary benefit is that the DWI charge gets dismissed. As of 2021, a dismissed DWI can be expunged. Additionally, there are no surcharges or DPS fines typically associated with a DWI conviction.

Q: Will an Obstruction Charge Turn Back into a DWI If I Violate Probation?

A: No, if you violate the terms of your probation for an obstruction of a highway charge, it does not revert back to a DWI. The DWI has been dismissed.

Q: Is an Obstruction of a Highway Plea Bargain Always Offered in DWI Cases?

A: No, this option varies by county and depends on the evidence and county policy. Typically, it might be considered for weaker DWI cases, but not for more severe ones.

Q: Are There Other Options Besides Obstruction of a Highway for a DWI Case?

A: Yes, depending on the county, there may be other options such as pretrial diversions. Your defense attorney will be aware of all available options and can advise you accordingly.