What Are The Laws In Texas Concerning Dui and Drunk Driving?

Understand the Consequences Under Texas Law

Driving while under the influence of drugs or alcohol in Texas is a crime that can lead to severe legal consequences.

Police are actively searching for violators of the law. Many drivers are shocked to discover that even one or two drinks can lead to a conviction for DWI.

In some cases, drivers may be arrested for a DWI even if their blood alcohol concentration (BAC) is below the limit that the law defines as "intoxicated."

An experienced Houston DWI defense attorney can often help you reduce the potential consequences of being accused of drunk driving.

A skilled lawyer might be able to get the case against your dismissed. The charges could be reduced to a lesser crime or dropped by the state because there is no evidence or illegally obtained evidence. They can also push for the dismissal of the case against the state.

DUI Penalties for Minors

Texas law, which governs DWI and other alcohol laws, defines anyone younger than 21 years old as a "minor." Minors cannot drive a motor vehicle that has any alcohol detectable in them.

Minors caught driving under the influence will be charged with a first offense.

• Fines
• Probation
• Loss of their right to drive
• Enrollment in an alcohol education class is mandatory
• Community service
• Ignition interlock device installation

The penalties for each subsequent offense are more severe and can often include jail time. An experienced Houston DUI defense attorney can help minimize these and other long-term consequences minor DUI offenders might face.

DWI Penalties for Adults

The penalties in Texas associated with DWI have grown increasingly harsher over the past few decades. While specific penalties imposed after a DWI depend on a variety of factors, the most relevant are the number of previous offenses as well as your blood alcohol content (BAC) at the time of your arrest.

Below is some information on the penalties that may be imposed after being accused of driving while intoxicated by drugs or alcohol.

Texas DWI First Offense Penalty

You could be sentenced to a maximum of $2,000 for your first DWI offense in Texas and may spend anywhere from three to 180 days in jail. Your license could be suspended for as long as two years, and you may have to pay an annual surcharge up to $2,000 in order to keep it for three years.

You may also be required to install an ignition lock device on your vehicle and participate in a DWI education or intervention program.

Texas Second DWI Offense

The penalties for a second DWI offense in Texas are significantly higher after a first offense. A second DWI offense can result in fines up to $4,000 or a one-month to one-year sentence.

The license suspension associated with a second DWI charge can last up to two years, and there may be a three-year annual surcharge of up to $2,000. You may also be required to install an ignition lock device in your car and participate in a DWI intervention program.

Third DWI in Texas

A Texas third offense or subsequent offense can result in a $10,000 fine. Additionally, offenders can be sentenced to between 2 and 10 years in state jail and their license may be suspended for up to 2 years.

A surcharge may be assessed up to $2,000 per year over three years. Finally, you may also be required to install an ignition interlock device in your vehicle and participate in a DWI intervention or education program.

DWI Crimes and Injury to Others

Texas' legislature has established certain DWI crimes that can cause injury or risk to others.

These include:

• DWI with a child under 15 in the vehicle
• Intoxication assault
• Intoxication manslaughter
• These offenses can be prosecuted under different codes than DWI law, and could result in much more severe consequences.

Additionally, there are other "enhanced offenses" defined by the law, including injuring a firefighter, peace officer, or other emergency medical personnel, or causing a traumatic brain injury that results in a persistent vegetative state.

Refusing chemical testing can result in severe penalties

Anyone who operates a motor vehicle in Texas is subject to the "implied consent" rule, which holds that by obtaining a driver's license and operating a motor vehicle in Texas, you have consented to a chemical test if a law enforcement officer suspects that you are under the influence of drugs or alcohol.

If you refuse to take the test, your license could be suspended. This suspension is completely separate from the criminal part of a DWI case and can result in a license suspension of 90 days to two years.

Drivers will not lose their license immediately after refusing a chemical test. You have 15 days to request an administrative hearing about your suspension after a refusal. You should hire an attorney to request an ALR hearing, at which you can dispute your license suspension.

If you miss the 15-day window of opportunity to request this hearing, an automatic suspension begins 40 days after your refusal. You can request an administrative hearing online.

Mandatory Installation of an Ignition Interlock Device

An ignition interlock device may be required by a judge in certain cases. In addition, the offender's driver's license will have a restriction indicating that he or she may only operate a vehicle with such a device installed. The approved device must be installed by an approved service provider.

SR-22 - Insurance & Proof Of Financial Responsibility

People who are convicted of DWI in Texas are required to prove that they have car insurance by filing an SR-22 certificate. This can be done through your insurance company. It provides proof to the state that you have auto insurance that meets state minimum standards.

You must have the SR-22 Certificate on file with the state for two years after your conviction. You will lose your driver's license and your registration will be cancelled by the state if it expires.

An SR-22 will cost you more, and your car insurance rates could rise if they consider you a high-risk driver after a DWI conviction. As a result, a conviction may cause your insurance premiums to significantly increase.

DWI & Commercial Drivers

Drivers of commercial vehicles put everyone at risk. Commercial vehicle drivers often drive trucks or cars that are specifically designed for their use.

They are therefore often larger and more difficult to maneuver than passenger cars. If they get into an accident, these characteristics could lead to serious injuries. Furthermore, commercial drivers are often entrusted with the transportation of hazardous materials or even other people.

Due to the inherent dangers associated with commercial vehicle operation, nearly every aspect of this industry is regulated and licensed by the federal government.

Under Federal Motor Carrier Safety Administration (FMCSA) regulations, a person who holds a commercial driver's license (CDL) is subject to a .04 blood alcohol content (BAC) limit when he or she is operating a commercial vehicle. This is significantly lower than the .08 BAC limit to which non-commercial drivers are subject.

In addition, CDL holders who are determined to have operated any type of vehicle under the influence of drugs or alcohol are disqualified from driving a commercial vehicle for one year. Drivers who operate commercial vehicles that transport hazardous materials can be disqualified for three-years.

Other types of offenses that may result in disqualification from driving a commercial vehicle include:

• Chemical test refusal
• Leaving the scene of an accident
• Operating a commercial vehicle with a BAC of 0.04 or more
• Operating a motor vehicle under the influence of a controlled substance

CDL License Holders DWI and related offenses can result in severe fines, your CDL licence being revoked, jail time, or in the case for commercial drivers, inability to earn a living, and possibly the end of your career.

Commercial drivers facing DWI charges should consult an experienced DWI defense lawyer as soon as possible.

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