What Are The Regulations In Texas Concerning DWI and DUI?

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.

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
  • Their right to drive is lost
  • Mandatory enrollment in an alcohol education class
  • Community service
  • 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. 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. 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. 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 in a vehicle with a minor under 15 years old
  • 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

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. 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. 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 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 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. 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. As a result, a conviction may cause your insurance premiums to significantly increase.

DWI & Commercial Drivers

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.

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
  • Leaving the scene of an accident
  • Operating a commercial vehicle with a BAC of 0.04 or more
  • 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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