What Are The Laws In Texas Concerning Dui and DUI?

Understand the Consequences Under Texas Law

Under Texas law, driving while intoxicated by drugs or alcohol is a criminal offense that can have extremely serious legal consequences.

Authorities are actively looking for people who violate the law, and many drivers are surprised to learn that they can be accused of DWI even after only one or two drinks.

Drivers may be arrested in some instances for DWI, even though their blood alcohol content (BAC) is less than the legal limit.

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

In some cases, a highly skilled lawyer may even be able to have the case against you dismissed; the charges may be lessened to a lower class of crime; or they can push to have the case dropped by the state prosecution because of a lack of evidence, illegally obtained evidence, or improperly stored and maintained field sobriety tests.

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
• Mandatory enrollment in an alcohol education class
• Service to the community
• 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

Over the last few decades, Texas has seen DWI penalties get more severe. Although there are many factors that can affect the severity of DWI penalties, the most important is the number of prior offenses and your blood alcohol content (BAC).

Here are some details about the possible penalties for driving while impaired 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.

Second DWI Offense in Texas

After a first offense, the penalties associated with a second DWI in Texas increase significantly. A second DWI offense can result in fines up to $4,000 or a one-month to one-year sentence.

A second DWI conviction can result in a license suspension of up to 2 years. There may also be an additional $3000 per year surcharge. In addition, you may be required to install an ignition interlock device in your vehicle and attend a DWI intervention or education program.

Third DWI in Texas

The fine associated with a third or subsequent offense in Texas can be up to $10,000. In addition, offenders may be sentenced to two to 10 years in state prison and have their license suspended for up to two 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

The Texas legislature has defined certain crimes involving DWI that involve injury or the risk of injury to others.

These include:

• DWI in a vehicle with a minor under 15 years old
• 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.

Because of this rule, you can lose your license if you refuse such testing. 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.

After refusing a chemical testing, drivers will not lose their driver's license. After a refusal, you have 15 days to request an administrative hearing regarding your suspension. To request an ALR hearing and dispute your license suspension, you should consult an attorney.

If you miss the 15-day window of opportunity to request this hearing, an automatic suspension begins 40 days after your refusal. The administrative hearings are handled by the State Office of Administrative Hearings and can be requested 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 device must be an approved device and be installed by an approved service provider.

Insurance & Proof of Financial Responsibility - SR-22

Texas DWI offenders must file an SR-22 certificate to show that they have insurance. This can be done through your insurance company. It provides proof to the state that you have auto insurance that meets state minimum standards.

The SR-22 Certificate must be kept on file by the state for at least two years following 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. A conviction could result in your insurance premiums significantly increasing.

DWI & Commercial Drivers

Drivers of commercial vehicles put everyone at risk. The individuals who drive commercial vehicles often are behind the wheel of cars or trucks that are designed for highly specialized purposes.

As such, they are often much larger and less maneuverable than the passenger vehicles that most of us drive. 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.

Because of the inherent risks associated with the operation of commercial vehicles, almost every aspect of the industry is regulated by the federal government, including the licensing of commercial drivers.

Federal Motor Carrier Safety Administration regulations state that a commercial driver's licence (CDL), is subject to a.04 blood-alcohol content limit (BAC) when 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. If the driver operates a commercial vehicle that transports hazardous materials, he or she can be disqualified for three years.

You may also be disqualified from driving a commercial motor vehicle if you are found guilty of the following:

• Chemical test refusal
• Leave the accident scene
• Commercial vehicles with a BAC greater than 0.04 must be operated
• Driving a motor vehicle while under the influence of controlled substances

CDL license holder DWI charges and related offenses have the potential to result in significant fines, the loss of your CDL license, jail time, and in the case of commercial drivers, the inability to make a living and potentially the end of your career.

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

Texas DWI Penalties