What Are The Rules In Texas Concerning Dui and also Drunk Driving?

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.

Authorities are actively looking for people who violate the law, and many drivers are surprised to learn that they can be accused of DWI even after only one or two drinks.

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
• 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

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.

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. 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

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. You may also be required to install an ignition lock device in your car and participate in a DWI intervention program.

Texas Third DUI

The fine associated with a third or subsequent offense in Texas can be up to $10,000. 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. You may be required to place an ignition interlock device in the vehicle and take part in a DWI intervention 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 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.

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

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 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. To request an ALR hearing and dispute your license suspension, you should consult an attorney.

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

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.

Commercial Drivers & DWI

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.

As such, they are often much larger and less maneuverable than the passenger vehicles that most of us drive. These characteristics can make them capable of causing serious injury if they are involved in accidents. Commercial drivers often have to transport hazardous materials and 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. 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:

• Refusal to submit to a chemical test
• Leaving the scene of an accident
• Commercial vehicles with a BAC greater than 0.04 must be operated
• 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.

Felony Dui