What Are The Rules In Texas Relating To DWI as well as Drunk Driving?
Understand the Consequences Under Texas Law
Under Texas law, driving while intoxicated by drugs or alcohol is a criminal offense that can have extremely serious 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.
In some cases, drivers may be arrested for a DWI even if their blood alcohol concentration (BAC) is below the limit that the law defines as "intoxicated."
An experienced Houston DWI defense attorney can often help you reduce the potential consequences of being accused of drunk driving.
In some cases, a highly skilled lawyer may even be able to have the case against you dismissed; the charges may be lessened to a lower class of crime; or they can push to have the case dropped by the state prosecution because of a lack of evidence, illegally obtained evidence, or improperly stored and maintained field sobriety tests.
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
- 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.
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.
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
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.
A second DWI conviction can result in a license suspension of up to 2 years. There may also be an additional $3000 per year surcharge. 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. 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.
There may also be a surcharge of up to $2,000 assessed per year for 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 and 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
- Intoxication manslaughter
- These offenses can be prosecuted under different codes than DWI law, and could result in much more severe consequences.
Additionally, there are other "enhanced offenses" defined by the law, including injuring a firefighter, peace officer, or other emergency medical personnel, or causing a traumatic brain injury that results in a persistent vegetative state.
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 completely separate from the criminal part of a DWI case and can result in a license suspension of 90 days to 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. You should hire an attorney to request an ALR hearing, at which you can dispute your license suspension.
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
An ignition interlock device may be required by a judge in certain cases. 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.
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. As a result, a conviction may cause your insurance premiums to significantly increase.
Commercial Drivers & DWI
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. These characteristics can make them capable of causing serious injury if they are involved in accidents. Furthermore, commercial drivers are often entrusted with the transportation of hazardous materials or even 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.
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
- Leaving the scene of an accident
- Operating a commercial vehicle with a BAC of 0.04 or more
- 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.
Commercial drivers facing DWI charges should consult an experienced DWI defense lawyer as soon as possible.
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