What Are The Rules In Texas Relating To Dui as well as 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.

Police are actively searching for violators of the law. Many drivers are shocked to discover that even one or two drinks can lead to a conviction for DWI.

Drivers may be arrested in some instances for DWI, even though their blood alcohol content (BAC) is less than the legal limit.

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

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
  • Mandatory enrollment in an alcohol education class
  • Service to the community
  • Ignition interlock device installation

These penalties increase significantly with each subsequent offense, and in many cases can 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. 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

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

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. In addition, you may be required to install an ignition interlock device in your vehicle and attend a DWI intervention or education program.

Third DWI in Texas

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.

A surcharge may be assessed up to $2,000 per year over 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 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.

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.

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. After a refusal, you have 15 days to request an administrative hearing regarding your suspension. You should hire an attorney to request an ALR hearing, at which you can dispute your license suspension.

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

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.

Insurance & Proof of Financial Responsibility - SR-22

Texas DWI offenders must file an SR-22 certificate to show that they have insurance. 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. 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. 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.

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. 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
  • 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.

DUI Lawfirm In Houston


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