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.
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
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
- Their right to drive is lost
- 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. 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.
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.
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
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. In addition, offenders may be sentenced to two to 10 years in state prison and have their license suspended for up to two 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
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 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 completely separate from the criminal part of a DWI case and can result in a license suspension of 90 days to two years.
Drivers will not lose their license immediately after refusing a chemical test. You have 15 days to request an administrative hearing about your suspension after a refusal. 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. 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. 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.
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.
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. The individuals who drive commercial vehicles often are behind the wheel of cars or trucks that are designed for highly specialized purposes.
They are therefore often larger and more difficult to maneuver than passenger cars. 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.
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:
- Chemical test refusal
- Leaving the scene of an accident
- Commercial vehicles with a BAC greater than 0.04 must be operated
- Operating a motor vehicle under the influence of a controlled substance
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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