What Are The Rules In Texas Concerning Drunk Driving and also 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."
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.
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. 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
Over the last few decades, Texas has seen DWI penalties get more severe. 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).
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
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.
A second DWI conviction can result in a license suspension of up to 2 years. There may also be an additional $3000 per year surcharge. 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. 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. 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
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
- Intoxication manslaughter
- 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
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. 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 approved device must be installed by an approved service provider.
Insurance & Proof of Financial Responsibility - SR-22
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.
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. A conviction could result in your insurance premiums significantly increasing.
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.
They are therefore often larger and more difficult to maneuver than passenger cars. If they get into an accident, these characteristics could lead to serious injuries. Commercial drivers often have to transport hazardous materials and 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.
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
- 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.
Commercial drivers facing DWI charges should consult an experienced DWI defense lawyer as soon as possible.
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