What Are The Laws In Texas Regarding Dui and DUI?

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.

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.

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.

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

For the purposes of DWI and other laws involving alcohol, Texas law defines anyone under the age of 21 as a "minor." Minors are prohibited from driving a motor vehicle with any detectable amount of alcohol in their systems.

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
• Service to the community
• Ignition interlock device installation

The penalties for each subsequent offense are more severe and can often include jail time. Fortunately, an experienced Houston DUI defense lawyer can often minimize these and other long-term consequences that minor DUI offenders may 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

After your first DWI offense in Texas, you may be fined up to $2,000 and spend between three and 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.

Finally, you may be required to install an ignition interlock device on your car and attend a DWI intervention or education program.

Second DWI Offense in Texas

The penalties for a second DWI offense in Texas are significantly higher after a first offense. 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. You may also be required to install an ignition lock device in your car and participate in a DWI intervention program.

Texas Third DUI

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.

There may also be a surcharge of up to $2,000 assessed per year for 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 in a vehicle with a minor under 15 years old
• 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.

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

Drivers will not lose their license immediately after refusing a chemical test. 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. You can request an administrative hearing online.

Mandatory installation of an ignition interlock device

In some cases, a judge will require that an offender install an ignition interlock device. 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.

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.

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.

In addition to the cost of an SR-22, your car insurance rates will increase if they view you as high risk after a DWI conviction. As a result, a conviction may cause your insurance premiums to significantly increase.

Commercial Drivers & DWI

Commercial vehicle drivers who get behind the wheel put us all 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. These characteristics can make them capable of causing serious injury if they are involved in accidents. 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.

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

• Refusal to submit to a chemical test
• Leave the accident scene
• 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.

Dwi And Dui