What Are The Regulations In Texas Pertaining To Dui and 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.

An experienced Houston DWI defense attorney can often help you reduce the potential consequences of being 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.

For a first offense, minors who are caught driving under the influence face:

• Fines
• Probation
• Their right to drive is lost
• Enrollment in an alcohol education class is mandatory
• Service to the community
• Ignition interlock device installation

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

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

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

The Texas legislature has defined certain crimes involving DWI that involve injury or the risk of injury 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.

Penalties for Refusing Chemical Testing

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 separate from the criminal component of a DWI case. It can lead to a license suspension of up to 90 days or 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

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 approved device must be installed by an approved service provider.

Insurance & Proof of Financial Responsibility - SR-22

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.

In addition to the cost of an SR-22, your car insurance rates will increase if they view you as high risk after a DWI conviction. A conviction could result in your insurance premiums significantly increasing.

DWI & Commercial Drivers

Drivers of commercial vehicles put everyone at risk. Commercial vehicle drivers often drive trucks or cars that are specifically designed for their use.

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.

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 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:

• Refusal to submit to a chemical test
• Leave the accident scene
• Commercial vehicles with a BAC greater than 0.04 must be operated
• 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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