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.
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.
Minors caught driving under the influence will be charged with a first offense.
- Fines
- Probation
- Loss of their right to drive
- Enrollment in an alcohol education class is mandatory
- Community service
- 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. 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. 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
The penalties for a second DWI offense in Texas are significantly higher after a first offense. 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.
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.
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 are prosecuted under different code sections than DWI law and expose offenders to much more serious 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.
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.
Because of this rule, you can lose your license if you refuse such testing. 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. After a refusal, you have 15 days to request an administrative hearing regarding your suspension. You should hire an attorney to request an ALR hearing, at which you can dispute your license suspension.
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. 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 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. You will lose your driver's license and your registration will be cancelled by the state if it expires.
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.
DWI & Commercial Drivers
Commercial vehicle drivers who get behind the wheel put us all 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. 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.
Federal Motor Carrier Safety Administration regulations state that a commercial driver's licence (CDL), is subject to a.04 blood-alcohol content limit (BAC) when operating a commercial vehicle. This is significantly less than the.08 BAC limit for non-commercial drivers.
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.
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
- 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.
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.