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.
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.
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. 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).
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
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. 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.
There may also be a surcharge of up to $2,000 assessed per year for 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 & 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 with a child under 15 in the vehicle
- Intoxication assault
- Manslaughter by intoxication
- These offenses are prosecuted under different code sections than DWI law and expose offenders to much more serious 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.
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 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.
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. 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.
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.
You must have the SR-22 Certificate on file with the state for two years after 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. 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. 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.
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 less than the.08 BAC limit for non-commercial drivers.
CDL holders who have been found to be under the influence of drugs and alcohol can be disqualified from driving commercial vehicles 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
- Leaving the scene of an accident
- 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.
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