What Are The Rules In Texas Pertaining To Drunk Driving 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.

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

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

The penalties for each subsequent offense are more severe and can often 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

The penalties in Texas associated with DWI have grown increasingly harsher over the past few decades. 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

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.

Finally, you may be required to install an ignition interlock device on your car and attend a DWI intervention or education 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. 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

A Texas third offense or subsequent offense can result in a $10,000 fine. 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 & 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.

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

The "implied consent rule" applies to anyone who drives a motor car in Texas. It states that by getting a driver's licence and driving a vehicle in Texas, you consent to a chemical test in the event that a law enforcement officer suspects you are under the influence.

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.

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.

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.

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

Commercial Drivers & DWI

Commercial vehicle drivers who get behind the wheel put us all at risk. Commercial vehicle drivers often drive trucks or cars that are specifically designed for their use.

As such, they are often much larger and less maneuverable than the passenger vehicles that most of us drive. 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.

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 less than the.08 BAC limit for non-commercial drivers.

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. If the driver operates a commercial vehicle that transports hazardous materials, he or she 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 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.

Commercial drivers facing DWI charges should consult an experienced DWI defense lawyer as soon as possible.

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