What Are The Laws In Texas Pertaining 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.

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.

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

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.

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

• 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. 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.

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.

Second DWI Offense in Texas

After a first offense, the penalties associated with a second DWI in Texas increase significantly. 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.

Texas Third DUI

A Texas third offense or subsequent offense can result in a $10,000 fine. In addition, offenders may be sentenced to two to 10 years in state prison and have their license suspended for up to two years.

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

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.

After refusing a chemical testing, drivers will not lose their driver's license. 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.

If you miss the 15-day window of opportunity to request this hearing, an automatic suspension begins 40 days after your refusal. 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. 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 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. 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.

DWI & Commercial Drivers

Drivers of commercial vehicles put everyone 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. These characteristics can make them capable of causing serious injury if they are involved in accidents. Commercial drivers often have to transport hazardous materials and 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.

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. 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:

• Refusal to submit to a chemical test
• Leaving the scene of an accident
• 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 Holders DWI and related offenses can result in severe fines, your CDL licence being revoked, jail time, or in the case for commercial drivers, inability to earn a living, and possibly the end of your career.

As a result, it is extremely important that commercial drivers who are facing allegations of DWI discuss their options with an experienced DWI defense attorney as soon as possible.