Learn the Texas Law Consequences
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.
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.
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
For the purposes of DWI and other laws involving alcohol, Texas law defines anyone under the age of 21 as a "minor." Minors are prohibited from driving a motor vehicle with any detectable amount of alcohol in their systems.
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
These penalties increase significantly with each subsequent offense, and in many cases can 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. 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.
Finally, you may be required to install an ignition interlock device on your car and attend a DWI intervention or education 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. In addition, you may be required to install an ignition interlock device in your vehicle and attend a DWI intervention or education 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
- Manslaughter by intoxication
- These offenses can be prosecuted under different codes than DWI law, and could result in much more severe 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.
Penalties for Refusing Chemical Testing
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 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. 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. 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. 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. A conviction could result in your insurance premiums significantly increasing.
DWI & Commercial Drivers
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. If they get into an accident, these characteristics could lead to serious injuries. 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.
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.
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. Drivers who operate commercial vehicles that transport hazardous materials can be disqualified for three-years.
Other types of offenses that may result in disqualification from driving a commercial vehicle include:
- Chemical test refusal
- Leave the accident scene
- 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.
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.
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