What Are The Laws In Texas Relating To Dui and Drunk Driving?

Learn the Texas Law Consequences

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

Fortunately, there are often a number of ways an experienced Houston DWI defense lawyer can help reduce the consequences you may be facing if you are 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

These penalties increase significantly with each subsequent offense, and in many cases can 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.

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. Additionally, your license may be suspended for up to two years and there may be an annual surcharge of as much as $2,000 to keep your license 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

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

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. 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. 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. You may be required to place an ignition interlock device in the vehicle and take part in a DWI intervention 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
• Manslaughter by intoxication
• These offenses can be prosecuted under different codes than DWI law, and could result in much more severe consequences.

Other "enhanced offenses", as defined by law, include injuring a peace officer or firefighter or causing persistent vegetative states due to traumatic brain injuries.

Penalties for Refusing Chemical Testing

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 separate from the criminal component of a DWI case. It can lead to a license suspension of up to 90 days or two years.

After refusing a chemical testing, drivers will not lose their driver's license. 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.

You can request the hearing within the 15-day period. After that, your suspension will begin 40 days. 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. The offender will also have a restriction on his or her driver's license that prohibits him/her from operating a vehicle without such an ignition interlock device. The device must be an approved device and be installed by an approved service provider.

Insurance & Proof of Financial Responsibility - SR-22

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.

The SR-22 Certificate must be kept on file by the state for at least two years following your conviction. If it lapses, you will lose your license and the state will cancel your vehicle registration.

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.

Commercial Drivers & DWI

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

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.

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

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 less than the.08 BAC limit for non-commercial drivers.

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.

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

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

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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