Penalties for a Texas DWI

September 20, 2012

Penalties for a Texas DWI

Texas law presumes that drivers operating a vehicle with a blood alcohol concentration of 0.08 or more are too intoxicated to drive. Anyone pulled over with a BAC above this amount will be arrested on charges of driving while intoxicated, or DWI.

In addition, drivers who are impaired due to alcohol or drug use may be subject to DWI charges even if a driver's BAC is lower than 0.08. Texas law broadly defines intoxication as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body."

Law enforcement officers look for suspicious driving behaviors, such as weaving between lanes or driving 10 mph or more below the speed limit to spot potential drunk drivers. Drivers who are pulled over on suspicion of DWI should expect to hand over their license, registration and proof of insurance. In addition, the officer may administer both field tests and an alcohol breath test. It is against the law to refuse a breath test; the penalty for declining to take a blood or breath test is an automatic license suspension of 180 days.

DWI Penalties

If convicted for a first-time DWI, the offense is punishable by between three and 180 days in jail and a fine up to $2,000. Further, the penalty also includes a license suspension for up to a year and an annual fee to restore the driver's license between $1,000 and $2,000 for the next three years.

The penalty for having an open alcohol container in the vehicle is $500 for any occupant of the vehicle.

The penalty increases significantly for multiple offenses. Second-time offenders can expect a fine up to $4,000, between a month and a year in jail, a two-year loss of driving privileges, and the same annual license fee for three years after restoration of driving privileges. A third DWI is punishable by a $10,000 fine, up to 10 years in prison, loss of driving privileges for two years, and the same annual license fees thereafter. Further, if convicted of DWI twice within five years, a driver must install an ignition interlock device that prevents the driver from turning on the car if intoxicated.

Those accused of driving while intoxicated should contact an attorney to defend their legal rights

Article provided by Jim Ross & Associates, P.C.
Visit us at http://www.jimrosscriminallaw.com