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.
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
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.
For a first offense, minors who are caught driving under the influence face:
- 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
Over the last few decades, Texas has seen DWI penalties get more severe. 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. 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.
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
A Texas third offense or subsequent offense can result in a $10,000 fine. 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. 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 in a vehicle with a minor under 15 years old
- Intoxication assault
- Intoxication manslaughter
- These offenses are prosecuted under different code sections than DWI law and expose offenders to much more serious 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
The "implied consent rule" applies to anyone who drives a motor car in Texas. It states that by getting a driver's licence and driving a vehicle in Texas, you consent to a chemical test in the event that a law enforcement officer suspects you are under the influence.
If you refuse to take the test, your license could be suspended. 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.
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
In some cases, a judge will require that an offender install an ignition interlock device. 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 approved device must be installed by an approved service provider.
SR-22 - Insurance & Proof Of Financial Responsibility
Texas DWI offenders must file an SR-22 certificate to show that they have insurance. This is done through your insurance company and provides the state with proof that you have car insurance that complies with 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.
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.
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 lower than the .08 BAC limit to which non-commercial drivers are subject.
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. 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
- 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.
As a result, it is extremely important that commercial drivers who are facing allegations of DWI discuss their options with an experienced DWI defense attorney as soon as possible.
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