DWIs are fairly common in Texas. It is a good idea to have a basic understanding of the rules and regulations that may impact your case if you are ever charged with a DUI. Here is a brief guide to DUI laws in Texas.
Legal Blood Alcohol Concentration (BAC) in Texas
If caught driving with a BAC of over 0.08% in Texas, you can be charged with a DWI. For commercial drivers, this limit is 0.04%. However, BAC is not the sole determinant of your intoxication. If you have lost the normal use of your faculties after taking alcohol, drugs or other substances, you can be charged with a DWI even if your BAC is lower than the legal limit.
Texas has a zero-tolerance law for underage drinking. So, if you are below the age of 21 years and are found driving with any detectable amount of alcohol in your system, you can be charged with a DUI (DWIs are charges brought against adults, while DUI is the term for someone under age 21).
Implied Consent Laws in Texas
If you drive in a public place in Texas, you are assumed to have consented to a field sobriety test, including a breath, blood and urine sample test, if requested by an enforcement officer. If the officer suspects that you may be driving under the influence of alcohol or other drugs, they can ask you to submit your specimen to determine your BAC.
You have the right to refuse the test, but your denial may have consequences. The arresting officer is legally required to communicate the possible outcomes of your refusal. Your refusal to take the test can be used as evidence in court, and your license is immediately suspended for 180 days (two years if you have one or more prior DUI convictions).
You do not have the right to refuse a BAC test in the following circumstances:
- If you were involved in an accident leading to death or serious injury
- If you have prior intoxication crime convictions, including intoxication assault and DUI with a child in the car
DUI Penalties in Texas
If you are convicted of a DUI, your penalty will depend on factors like BAC level, your criminal record and other circumstances surrounding your arrest. The punishment increases with subsequent DUI offenses.
First Offense
- Fine: Up to $2,000
- Imprisonment: Between three and 180 days
- License suspension: Up to one year
- Ignition Interlock Device: Up to the court’s discretion
Second Offense
- Fine: Up to $4,000
- Imprisonment: Between one month and one year
- License suspension: Up to 2 years
- Ignition interlock device: Must be installed for one year after the license restoration if the subsequent offense was committed within five years from the preceding offenses
Third Offense
- Fine: Up to $10,000
- Imprisonment: Between two and 10 years
- License suspension: Up to two years
- Ignition interlock device: Must be installed for one year after the license restoration if the subsequent offense was committed within five years from the preceding offenses
Penalty Enhancement
The penalties in DWI cases can increase in the following situations:
- The victim of the intoxication assault is a peace officer, firefighter, judge or emergency medical services personnel discharging their duty.
- The victim dies.
- You have a previous DWI conviction.
- Your BAC was 0.15% or higher.
- A child below the age of 15 years was in the passenger seat.
What To Expect After a DUI Arrest in Texas
If you’re arrested for a DWI, the arresting officer will collect your breath, blood or urine sample to check your BAC level. You may be held in custody until you appear before a judge for your arraignment hearing and may be released on bail after the hearing.
If you fail the sobriety test or refuse to take it, the arresting officer will take your license and issue a temporary driver’s license. You have the right to request a hearing within 15 days to challenge your license revocation or suspension. If you fail to request a hearing, your license will be suspended after 40 days.