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.
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
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
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
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. 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 can result in fines up to $4,000 or a one-month to one-year sentence.
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. 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. In addition, offenders may be sentenced to two to 10 years in state prison and have their license suspended for up to two 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 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.
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 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. You can request an administrative hearing online.
Mandatory installation of an ignition interlock device
An ignition interlock device may be required by a judge in certain cases. 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. You will lose your driver's license and your registration will be cancelled by the state if it expires.
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. A conviction could result in your insurance premiums significantly increasing.
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. 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.
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.
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. If the driver operates a commercial vehicle that transports hazardous materials, he or she 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:
- Chemical test refusal
- Leaving the scene of an accident
- 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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