DWI/DUI - Drunk Driving Laws And Attorneys In Texas
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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TEXAS DRIVING UNDER THE INFLUENCE (DUI) LAW
In Texas, you can be charged with a DWI for a Blood-Alcohol
Concentration of 0.08%.
Implied Consent Laws
If a person is arrested for an offense arising out of acts alleged to have
been committed while the person was operating a motor vehicle in a
public place, or a watercraft, while intoxicated or an offense under
section 106.041. Alcoholic beverage code, the person is deemed to
have consented to submit to the taking of one or more specimens of the
person’s breath or blood for analysis to determine the alcohol
concentration or the presence in the person’s body of a controlled
substance, drug, dangerous drug, or other substance. A person
arrested for an offense described by this subsection may consent to
submit to the taking of any other type specimen to determine the person’
s alcohol concentration. Refusal to give a blood or breath specimen for
analysis will result in a driver license suspension of 180 days. If a
person submits to giving a blood or breath specimen and the results
show a blood alcohol level of 0.08% or greater, the driver is subject
to a driver license suspension of 90-365 days. A person having a blood
alcohol concentration of 0.08% or more is intoxicated according to the
law.
Implied Consent Laws And How It Applies To Minors
In Texas, if a person is arrested for an offense arising out of acts alleged
to have been committed while the person was operating a motor vehicle
in a public place, or a watercraft, while intoxicated, or the person is a
minor and has ANY detectable amount of alcohol in their system while
operating a motor vehicle in a public place, the person is deemed to
have consented to submit to the taking of one or more specimens of the
person’s breath or blood for analysis to determine the alcohol
concentration or the presence in the person’s body of a controlled
substance, drug, dangerous drug, or other substance. Refusal to
provide a specimen results in the suspension of the driving privilege
and any driver license. The suspension for a minor who refuses is 10
days for the first refusal, and 2 years for subsequent refusals. A minor
who gives a specimen which confirms that he or she has been
operating a motor vehicle in a public place with ANY detectable
amount of alcohol in their system (but which is below the 0.08% BAC
legal limit of intoxication) will have their driver license suspended (or
their driving privilege will be denied if unlicensed) for 60 days for the first
offense, for 120 days for the second offense, and for 180 days for the
third and subsequent offenses. The minor may request a hearing before
an Administrative Law Judge to contest the suspension.
Penalties, Fines And Suspension For A DWI In Texas
First Offense - (Class B misdemeanor)
Fine: up to $2,000
Jail: 72 hrs to 180 days
Suspension: 90 days to 365 days
Second Offense - (Class A misdemeanor)
Fine: up to $4,000
Jail: 30 days to 1 year
Suspension: 180 days to 2 years
Third Or More Offense - (Felony of the Third Degree)
Fine: up to $10,000
Jail: 2 - 10 years
Suspension: 180 days to 2 years
DWI With Child Passenger Under 15 yrs Old - (State Jail Felony)
Fine: up to $10,000
Jail: 180 days to 2 years
Suspension: depends on the 1st, 2nd, 3rd offense
Intoxication Manslaughter - (Felony of the Third Degree)
Fine: up to $10,000
Jail: 2 to 20 years
Suspension: 180 to 2 years
Intoxication Assault - (Felony of the Second Degree)
Fine: up to $10,000
Jail: 2 to 10 years
Suspension: 90 days to 1 year
Note: Court may probate jail sentence and waive driver license
suspension on first offense.
Surcharges: Certain convictions will not be assessed points but will
result in an automatic surcharge. The surcharge will be assessed when
the conviction is reported to the Department and will then be assessed
each year for a three-year period.
a) 1st DWI - $1,000/year for 3 years
b) 2nd or Subsequent DWI - $1,500/year for 3 years
c) Any DWI with an alcohol concentration over .15 - $2,000/year for 3
years
DWI Minors
First Offense DUI by a Minor (17 years of age or older but less than 21)
(Class C misdemeanor) - Punishable by a fine of up to $500.00, not
less than 20 nor more than 40 hours of community service. Attendance
in an Alcohol Awareness Course is required and, if the minor is under
18, the parent may be required to attend the course. The minor’s driver
license will be suspended for 120 days.
Second Offense DUI by a Minor (17 years of age or older but less than
21) (Class C misdemeanor) - Punishable by a fine of up to $500.00, not
less than 40 nor more than 60 hours of community service. The Alcohol
Awareness Course may be required.
Any Offense DUI by a Minor (10 years of age or older but less than 17)
(“Delinquent Conduct” under the Family Code) - Punishable by a fine up
to $500.00, not less than 40 nor more than 60 hours of community
service, and the minor’s driver license may be suspended (or driving
privilege denied).
Third Offense DUI by a Minor (17 years of age or older but less than 21)
(Class B misdemeanor) - Punishable by a fine not less than $500.00 or
more than $2,000.00, not less than 40 nor more than 60 hours of
community service, and/or confinement in jail not to exceed 180 days.
The court may not give deferred disposition on the third offense of DUI
by a minor.
Driving While License Is Suspended In Texas
The penalties for driving a motor vehicle while your driver license or
driving privilege is suspended, canceled, denied, or revoked are:
a) A fine of not less than $100.00 or more than $500.00; and
b) Confinement in jail for a term of not less than 72 hours or more than 6
months; and
c) Suspension of your driver license or driving privilege will be
automatically extended upon the licensee being convicted of operating a
motor vehicle while suspended, canceled, or revoked; such extended
period of suspension will be for a like period of time as the original
suspension.
d) A subsequent conviction is a Class A misdemeanor.
Commercial Vehicle Operators In Texas
It is illegal to operate a CMV if your Blood Alcohol Concentration (BAC) is
.04% or more. You will lose your CDL for one year for your first offense.
You will lose it for life for your second offense. If your blood alcohol
concentration is less than 0.04% but you have any detectable amount,
you will be put out-of-service for 24 hours.
You will lose your CDL for at least one year for a first offense if you
refuse to submit to a test to determine your alcohol concentration or the
presence of a controlled substance while operating a CMV.
In Texas, you can be charged with a DWI for a Blood-Alcohol
Concentration of 0.08%.
Implied Consent Laws
If a person is arrested for an offense arising out of acts alleged to have
been committed while the person was operating a motor vehicle in a
public place, or a watercraft, while intoxicated or an offense under
section 106.041. Alcoholic beverage code, the person is deemed to
have consented to submit to the taking of one or more specimens of the
person’s breath or blood for analysis to determine the alcohol
concentration or the presence in the person’s body of a controlled
substance, drug, dangerous drug, or other substance. A person
arrested for an offense described by this subsection may consent to
submit to the taking of any other type specimen to determine the person’
s alcohol concentration. Refusal to give a blood or breath specimen for
analysis will result in a driver license suspension of 180 days. If a
person submits to giving a blood or breath specimen and the results
show a blood alcohol level of 0.08% or greater, the driver is subject
to a driver license suspension of 90-365 days. A person having a blood
alcohol concentration of 0.08% or more is intoxicated according to the
law.
Implied Consent Laws And How It Applies To Minors
In Texas, if a person is arrested for an offense arising out of acts alleged
to have been committed while the person was operating a motor vehicle
in a public place, or a watercraft, while intoxicated, or the person is a
minor and has ANY detectable amount of alcohol in their system while
operating a motor vehicle in a public place, the person is deemed to
have consented to submit to the taking of one or more specimens of the
person’s breath or blood for analysis to determine the alcohol
concentration or the presence in the person’s body of a controlled
substance, drug, dangerous drug, or other substance. Refusal to
provide a specimen results in the suspension of the driving privilege
and any driver license. The suspension for a minor who refuses is 10
days for the first refusal, and 2 years for subsequent refusals. A minor
who gives a specimen which confirms that he or she has been
operating a motor vehicle in a public place with ANY detectable
amount of alcohol in their system (but which is below the 0.08% BAC
legal limit of intoxication) will have their driver license suspended (or
their driving privilege will be denied if unlicensed) for 60 days for the first
offense, for 120 days for the second offense, and for 180 days for the
third and subsequent offenses. The minor may request a hearing before
an Administrative Law Judge to contest the suspension.
Penalties, Fines And Suspension For A DWI In Texas
First Offense - (Class B misdemeanor)
Fine: up to $2,000
Jail: 72 hrs to 180 days
Suspension: 90 days to 365 days
Second Offense - (Class A misdemeanor)
Fine: up to $4,000
Jail: 30 days to 1 year
Suspension: 180 days to 2 years
Third Or More Offense - (Felony of the Third Degree)
Fine: up to $10,000
Jail: 2 - 10 years
Suspension: 180 days to 2 years
DWI With Child Passenger Under 15 yrs Old - (State Jail Felony)
Fine: up to $10,000
Jail: 180 days to 2 years
Suspension: depends on the 1st, 2nd, 3rd offense
Intoxication Manslaughter - (Felony of the Third Degree)
Fine: up to $10,000
Jail: 2 to 20 years
Suspension: 180 to 2 years
Intoxication Assault - (Felony of the Second Degree)
Fine: up to $10,000
Jail: 2 to 10 years
Suspension: 90 days to 1 year
Note: Court may probate jail sentence and waive driver license
suspension on first offense.
Surcharges: Certain convictions will not be assessed points but will
result in an automatic surcharge. The surcharge will be assessed when
the conviction is reported to the Department and will then be assessed
each year for a three-year period.
a) 1st DWI - $1,000/year for 3 years
b) 2nd or Subsequent DWI - $1,500/year for 3 years
c) Any DWI with an alcohol concentration over .15 - $2,000/year for 3
years
DWI Minors
First Offense DUI by a Minor (17 years of age or older but less than 21)
(Class C misdemeanor) - Punishable by a fine of up to $500.00, not
less than 20 nor more than 40 hours of community service. Attendance
in an Alcohol Awareness Course is required and, if the minor is under
18, the parent may be required to attend the course. The minor’s driver
license will be suspended for 120 days.
Second Offense DUI by a Minor (17 years of age or older but less than
21) (Class C misdemeanor) - Punishable by a fine of up to $500.00, not
less than 40 nor more than 60 hours of community service. The Alcohol
Awareness Course may be required.
Any Offense DUI by a Minor (10 years of age or older but less than 17)
(“Delinquent Conduct” under the Family Code) - Punishable by a fine up
to $500.00, not less than 40 nor more than 60 hours of community
service, and the minor’s driver license may be suspended (or driving
privilege denied).
Third Offense DUI by a Minor (17 years of age or older but less than 21)
(Class B misdemeanor) - Punishable by a fine not less than $500.00 or
more than $2,000.00, not less than 40 nor more than 60 hours of
community service, and/or confinement in jail not to exceed 180 days.
The court may not give deferred disposition on the third offense of DUI
by a minor.
Driving While License Is Suspended In Texas
The penalties for driving a motor vehicle while your driver license or
driving privilege is suspended, canceled, denied, or revoked are:
a) A fine of not less than $100.00 or more than $500.00; and
b) Confinement in jail for a term of not less than 72 hours or more than 6
months; and
c) Suspension of your driver license or driving privilege will be
automatically extended upon the licensee being convicted of operating a
motor vehicle while suspended, canceled, or revoked; such extended
period of suspension will be for a like period of time as the original
suspension.
d) A subsequent conviction is a Class A misdemeanor.
Commercial Vehicle Operators In Texas
It is illegal to operate a CMV if your Blood Alcohol Concentration (BAC) is
.04% or more. You will lose your CDL for one year for your first offense.
You will lose it for life for your second offense. If your blood alcohol
concentration is less than 0.04% but you have any detectable amount,
you will be put out-of-service for 24 hours.
You will lose your CDL for at least one year for a first offense if you
refuse to submit to a test to determine your alcohol concentration or the
presence of a controlled substance while operating a CMV.
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