Driving under the influence (DWI / DUI) in Texas

Driving while intoxicated or under the influence of alcohol is a fairly common crime that many people commit even without knowing it. While it is possible to receive a DUI penalty for driving under the influence of drugs, driving while intoxicated is a term that is used especially in relation to alcohol consumption. 

There is a possibility of being arrested for driving while intoxicated even when you are detained; For example, if the police find you sitting at the wheel, with the key in the ignition, you could be arrested even if all you have done is stop at the side of the road.

Blood alcohol concentration

In general, a driver is considered to be alcoholized if, when performing a breathalyzer test and when blowing, the value amounts to more than 0.08; This is true for drivers over 21 years old. However, if you are under 21 years of age, you could receive a DUI penalty if the value is less than 0.08 when you breathe since you are not legally the age to consume alcohol and, therefore, the test should not detect alcohol.

Laws specific to each state

While the level of alcohol that exceeds 0.08 will result in a DUI sanction in any state of the union, it is important to note that most DUI laws are specific to each state, so the consequences will depend on the place where I live

For example, in 42 states, in addition to the District of Columbia, you could lose your driver’s license after only obtaining a DUI conviction. This is known as an “administrative license suspension,” and the extent of the suspension varies from state to state. However, in the remaining eight states and depending on the situation, you may be allowed to keep your license after a single violation.

Ignition lock systems

Something that varies widely between states is in relation to ignition interlock systems. These are systems that measure the concentration of blood alcohol before allowing the vehicle to start and that can be used in driver’s vehicles that have been convicted of driving while intoxicated. However, not all states are governed by the same regulations or procedures.

For example, if you live in Alaska, it is mandatory to use any of these systems after receiving any conviction, even if it was your first. If you live in Alabama, you should use one of these systems if you have already committed several infractions, but not necessarily the first time. If you live in Idaho or Iowa, the use of these systems is at your discretion, which means that a judge can order the use of one of these systems if you consider it prudent, but it is not mandatory.

What happens if I refuse to undergo a chemical breath or blood test when I am taken off the road for a DWI in Texas?

In accordance with the Texas implied consent law, once you receive your driver’s license, you automatically agree to undergo the chemical blood, breath or urine test to determine the alcohol content in the blood or the presence of drugs. 

If you refuse to undergo the test, your driver’s license will be immediately removed and a temporary driver’s license will be issued while your court hearing is taking place. During the hearing your rejection may be used as evidence against you and the court may resolve the suspension of your driver’s license.

How the states agree

Most discrepancies in the laws are limited to penalties and fines. All states agree that driving while intoxicated is illegal, so all drivers should know that they cannot drive after drinking alcohol of any kind. Undergoing the breathalyzer test and obtaining a blood alcohol concentration value of 0.08 or higher will always result in an arrest for drunk driving.

The impact of federal laws

It should be noted that federal laws sometimes have an effect, usually to influence what state lawmakers should do. For example, federal regulations state that states must have laws on open containers in vehicles. The federal mandate establishes the requirements that these laws must meet so that there are no funding implications. However, states are generally allowed to write and enforce their own laws, with minimal federal guidance.

Laws and defenses on drunk driving (DWI) in Texas

Being in command of the wheel after having consumed alcoholic beverages is an almost infallible method of being left in the hands of the criminal justice system of the state of Texas. Not driving while intoxicated is the only way to avoid a process in the criminal justice system due to charges for driving under the influence of alcohol or drugs (DUI or DWI). Driving while intoxicated in Texas carries severe penalties that drivers must take into account before operating a vehicle after consuming alcohol.

Charges for driving while intoxicated (DWI) in Texas

The state of Texas has imposed limits on the concentration of blood alcohol allowed in drivers. These limits are the same as in most other states of the country. The limit for people who are old enough to consume alcohol legally is 0.08 percent. The limit for minors is 0.02 percent. Drivers of commercial vehicles have a limit of 0.04 percent.

Drivers in the state of Texas must understand that there is no elimination period for prior infractions. This means that no matter how much time has elapsed since the previous conviction for driving while intoxicated since such a conviction is still in effect. For this reason, it is essential that drivers avoid operating a vehicle after consuming alcoholic beverages.

A first offense for driving while intoxicated (DWI): Misdemeanor

The first time a person is convicted of driving while intoxicated, he faces a minimum of 72 hours in prison. The court may sentence a person to prison for a maximum of 180 days for a first offense. It is possible to impose a fine of a maximum of USD $ 2000, but if a person under 15 was in the vehicle, the cost of the fine may be higher. A license suspension of 90 to 365 days will also be imposed.

A second offense for driving while intoxicated (DWI): Misdemeanor

Charges for a second conviction for drunk driving carry a minimum prison sentence of 30 days. It is possible to increase such penalty up to one year if the court so desires. A maximum of USD $ 4000 is imposed, but that amount increases if a child is in the vehicle. Likewise, a driver’s license suspension of 180 days to two years is imposed.

A third offense for driving while intoxicated (DWI): Third-degree felony

A person found guilty of a third charge for driving while intoxicated faces a minimum penalty of two years in prison. This can reach a maximum of 10 years. A maximum fine of USD $ 10,000 may be imposed. A minimum period of two years of driver’s license suspension will be required.

Imprudence conviction reduction agreements are prohibited in the state of Texas

In the state of Texas, people accused of driving while intoxicated are not allowed to plead guilty to having committed a reckless infraction. That is, Texas law prohibits the conclusion of penalty reduction agreements that allow a person to plead guilty to driving recklessly instead of a charge for drunk driving. Sometimes, it is possible to oppose charges for driving while intoxicated. To do this, it must be argued that the test was executed incorrectly or that the person in charge of executing it did not have the legal capacity to carry it out.

People who face charges of drunk driving in the state of Texas must work quickly to determine a defense strategy. Contacting a qualified lawyer experienced in drunk driving cases as quickly as possible can help defendants determine a mode of defense against these serious accusations.