With alcohol-related vehicle fatalities making up 28% of the total fatal crashes in Texas, the driving while intoxicated laws in Texas are stricter than some states. This can prove a real problem for Texas drivers, especially during holidays when officers conduct more traffic stops.
If you find yourself required to submit to a drunk check, it’s important to understand the laws involved. Knowing what’s involved will help you make the best decisions regarding your next moves if you find yourself facing a DWI in Texas.
Driving While Intoxicated Laws in Texas
Texas law involves implied consent for blood alcohol concentration (BAC) tests if an officer suspects you’re intoxicated. Intoxication includes alcohol, marijuana or other illegal drugs, or prescription drugs.
If you refuse to submit to the BAC, Texas officers are allowed to suspend your license for up to 180 days. They’re also allowed to detain you while they request a search warrant.
Texas law considers a BAC level of .08 or higher as legally intoxicated. This becomes tricky when you consider the factors that contribute to intoxication levels. Factors that affect intoxication include:
- How much food you’ve eaten during alcohol consumption.
- How many drinks you’ve had in a given amount of time.
- How much you weigh.
- Whether you’re biologically male or female.
Because breathalyzers are not customized for individuals, the results from these tests may prove inaccurate. If you believe the results are wrong, you do have options to dispute any civil and criminal cases against you. Courts give you 15 days to dispute any charges.
When dealing with DWI charges, you’re looking at civil and criminal charges. Civil charges involve license suspensions and fines while criminal charges involve possible jail or prison time. Some people may think it’s too much hassle to dispute these charges, but when you consider the DWI charges in Texas, you might want to reconsider.
First Offense Charges
If this is your first DWI charge, you’re looking at the following penalties if convicted:
- Up to 180 days in jail.
- Suspension of your driver’s license for one year.
- Up to a $2,000 fine.
- $1,000 to $2,000 annual fee to keep your license for three years.
While you do have the option to have a first offense removed from your record, it’s still a costly and life-disrupting charge.
Second Offense
Once you move into a second offense, the penalties increase. Second offense DWI charges in Texas include:
- Up to one year in jail with a minimum of one month.
- Suspension of your driver’s license for two years.
- Up to a $4,000 fine.
- $1,500 to $2,000 annual fee to keep your license for three years.
If you get a second conviction for a DWI in Texas, the charges will remain on your record.
Third Offense
A third offense increases the fines and penalties considerably. A third DWI charge involves:
- two to ten years in a state prison.
- Suspension of your driver’s license for two years.
- Up to a $10,000 fine.
- Up to a $2,000 annual fee to keep your license for three years.
A third DWI in Texas becomes a felony charge. If you continue to receive DWI charges you also run the risk of permanently losing your license.
Other Charges Involved
Besides the DWI charges, officers may include other charges and penalties based on different factors. Depending on the circumstance, other charges can come into play, increasing fines and jail time.
If an open container of alcohol is found in your vehicle, you’re looking at up to $500 in fines on top of any DWI charges. This is also considered probable cause to search, including conducting a BAC without the need of a warrant.
If you’re driving while intoxicated with children in the vehicle, this can produce further charges as well. If there are children under the age of 15 present, you’re looking at additional fines up to $10,000 and a license suspension for 180 days. You could also face up to two years in a state jail.
Another consideration during conviction is the time between previous convictions. If you receive two or more convictions within a five year period, the courts will require the installation of a BAC device in your vehicle. This device keeps your car from starting if you’ve consumed alcohol before entering the vehicle.
If you’ve had prior convictions that resulted in state prison sentences, your next offense could result in stricter prison sentences. You’re looking at anywhere from two to twenty years in state prison if convicted again. If you’ve had two previous state prison sentences, you could face anywhere from 25 years to life in some circumstances.
If you injure someone while driving intoxicated, you can face felony charges. This is called intoxication assault and involves the following penalties:
- Two to ten years in state prison.
- Driver’s license suspension for up to two years.
- Up to $10,000 in fines.
The penalties for a DWI manslaughter move into higher felony charges. DWI manslaughter comes into play if you’re involved in a crash while intoxicated that results in another person’s death. This charge can come into play even if you didn’t cause the accident.
If you’re charged with DWI manslaughter, you’re looking at the following penalties:
- Two to twenty years in state prison.
- Up to two years driver’s license suspension.
- Up to $10,000 in fines.
- At least 240 hours of community service.
These penalties can prove difficult to comply with, and the permanent criminal record may cause difficulties in other aspects of your life, such as job searches. if you’re facing any DWI charges in Texas, it’s important to find the legal assistance to help you understand and appropriately dispute erroneous charges.
Legal Help for DWI Charges in Texas
The driving while intoxicated laws in Texas are strict and difficult to overcome on your own. If you’re facing DWI charges, you need to find legal assistance immediately so you protect your rights.
A good attorney will know whether or not you can dispute the charges. They can also help you get the best deal depending on the charges you’re facing. If you need help dealing with DWI charges in the Houston area, contact us today.
