Texas DUI/DWI Laws: What You Need to Know
While most Texans are acutely aware of the serious nature of driving under the influence and being charged with a DUI, many still find themselves uncertain about their rights, the legal process, and the ramifications of a conviction.
Understanding DUI and DWI in Texas
In the state of Texas, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably. However, they have different technical/legal definitions – which means they also have different implications for those found guilty.
A DUI in the state of Texas is issued when someone under the age of 21 is found to have any amount of alcohol in their system while operating a motor vehicle.
“For people under the age of 21 who are charged with DUI, the maximum BAC is .00% because Texas has ‘zero tolerance’ for underage alcohol and drug consumption,” attorney Kyle Whitaker explains. “If the officer believes the underage individual was driving while impaired, he or she can be charged with DUI.”
In Texas, a DWI is issued to someone when they have a blood alcohol level (BAC) of 0.08 percent or greater when driving a motor vehicle. It can also be issued if the driver is under the influence of an illegal drug, unprescribed drug, or controlled substance.
While both DUI and DWI charges are very serious, penalties vary based on the charge. With a DUI, the underage driver faces penalties that may include fines, community service, and mandatory classes. Driver’s license suspension is also usually involved.
With a DWI, things get more serious. Severe penalties, such as large fines and even jail time, are on the table. The severity increases with multiple offenses and other aggravating factors.
DUI Penalties and Consequences
Even though a DUI can involve very small traces of alcohol, the consequences are very real.
For a first DUI offense in Texas, individuals can face a fine of up to $500, a 60-day driver’s license suspension, 20 to 40 hours of mandatory community service, and mandatory enrollment in an alcohol awareness program. Additionally, the offender’s parents may also be required to attend the alcohol awareness program.
Subsequent offenses result in escalating penalties, jail time, and enrollment in alcohol awareness programs. They can also lead to more serious DWI charges in the future (should there ever be an incident).
DWI Penalties and Consequences
For a first-time DWI offense in the state of Texas, the driver can face pretty stiff consequences. This may include up to a $2,000 fine, jail time between 3-180 days, and the loss of a driver’s license for up to 12 months. This is followed by an annual $1,000 to $2,000 fee to retain a driver’s license for the first three years after a conviction.
Additional DWI offenses bring escalating consequences. A second offense can bring an additional fine of up to $4,000 and 30 days to 12 months in jail. It’s also accompanied by license revocation of up to two years and an annual fee that scales to as much as $2,000 per year for three years. A third DWI offense almost always results in jail time, as it’s considered a third-degree felony in Texas. In addition to 2-10 years in prison, the fine can be as high as $10,000.
Over the long term, a DWI conviction stays on your record and can make life difficult for future job searches, college admissions, and anything else that requires a background check.
Finding the Right Attorney
If you ever find yourself in a situation where you’re charged with a DWI or DUI in the state of Texas, it’s imperative that you have a competent attorney on your side. There are many DUI/DWI attorneys, but you need someone to represent you well.
Keep an eye out for an attorney who has several years of experience representing clients with similar cases as yours. Gather referrals from people you know and look online for reviews and testimonials. A DWI or DUI is a serious charge with serious short-term and long-term consequences. Don’t skimp on lawyer selection. Take your time and find the best fit for your situation.