Driving While Intoxicated (DWI)
Understanding DWI Laws in Texas
Driving While Intoxicated (DWI) laws are stringent, reflecting the seriousness with which the state addresses drunk driving. With campaigns and public outcry over drunk driving, Texas has enforced strict DWI laws.
A common threshold for determining whether a driver is "intoxicated" is when the driver's Blood Alcohol Concentration (BAC) exceeds the legal limit. In Texas, the BAC legal limit is 0.08% for adults 21 years and older. If an individual is operating a motor vehicle or other type of vessel and is found to have a BAC of .08% or higher, they can be charged with a DWI. Even if a driver's BAC is below the legal limit, they can still be charged with a DWI if the presence of any alcohol or drugs impairs their ability to operate a vehicle.
Driving Under the Influence (DUI): For individuals under 21, any detectable amount of alcohol or drugs in the system can lead to a DUI charge. While a DUI is considered to be less serious than a DWI, the penalties can include license suspension, reinstatement of license fees, installation of an interlock ignition device, mandatory alcohol education programs, community service, probation, and fines.
DWI Penalties: Penalties for a DWI conviction in Texas can be severe and escalate with subsequent offenses. They can include fines, installation of an interlock ignition device, license suspension, probation, reinstatement of license fees, mandatory participation in alcohol education programs, community service, and even jail time. For individuals with a commercial driver license (CDL), their CDL may be disqualified, impacting their ability to work. For example, a first-time DWI offense can result in a fine of up to $2,000, 180 days in jail, license suspension for up to a year, and an annual fee of $1,000 or $2,000.
Enhancements: Certain factors can enhance the penalties for a DWI offense, such as having an extremely high BAC, causing injury or death while intoxicated, or having previous DWI convictions. These factors can lead to a felony enhancement and severe penalties such as higher fees and imprisonment. Additionally, if you are driving with a child passenger, you could be charged with child endangerment.
Implied Consent: Texas operates under an implied consent law, meaning that by obtaining a driver's license, individuals implicitly agree to submit to a chemical test if lawfully arrested for suspicion of DWI. Refusal to submit to a breath or blood test can result in an automatic driver's license suspension.
Ignition Interlock Devices (IIDs): In some cases, the court may require the installation of an IID in the offender's vehicle. This device requires the driver to pass a breathalyzer test before the vehicle will start. Additionally, the data (including the photograph of the person blowing into an IID) will likely be monitored.
Open Container Laws: Texas also has laws prohibiting the possession of open containers of alcohol in vehicles, whether the driver or passenger is consuming the alcohol or not. Under Penal Code Chapter 49, an "open container" includes any receptacle containing any amount of an alcoholic beverage that is open, has been opened, has a broken seal, or the contents of which are partially removed.
It's important for individuals in Texas to understand the serious consequences of driving while intoxicated. Seeking alternative transportation or designating a sober driver is always the safest choice, but we understand that life happens.
Contact our office today to speak with one of our experienced attorneys. The most important step in fighting your criminal charge is to choose an attorney who will advocate for your rights, build a strong defense, and achieve the best possible outcome in your case.