DUI Reference Guide

Texas DWI Laws

Texas law defines intoxication in two ways.  The first is if a person has a BAC (Blood Alcohol Concentration) of 0.08% or higher.  A person can also be classified as intoxicated if they are under the influence of alcohol or another controlled substance to such an extent that they cannot properly operate their vehicle as a result of some form of impairment. 

Anyone arrested for a DWI (driving while intoxicated) will face criminal charges as a result.  They will also find themselves facing an Administrative License Suspension.  These cases are independent from one another and so are the associated penalties. 

In order to be convicted for a DWI in Texas, it must be shown that the individual was operating a vehicle on public property (roads) while intoxicated.  First time offenders face 24 to 100 hours of community service.  They also face up to six months in prison. Fines can be as high as $2000.  Most times first time offenders will be sentenced to probation.  The length of probation is usually in the area of two years.  During this time those convicted of a DWI usually will be evaluated for and if necessary receive treatment for any drug or alcohol problems. 

Multiple DWI offenses will result in more severe penalties. Three DWI convictions are considered a felony.  Those convicted could spend as much as ten years in jail. 

DWI punishments are often based upon the number of prior offenses and other factors.  Anyone who has had a previous arrest for a crime on their record could face more penalties.  This is typically also true of those who caused and accident or had other significant factors.  For some convicted of DWI, they will also be required to have an ignition interlock system installed in their car. 

Anyone arrested for DWI will also face an administrative license suspension in additional to criminal charges.  This suspension will occur if someone has a blood alcohol level of 0.08% or greater.  The action will also be taken for those who refuse to have their blood alcohol levels tested.  Anyone driving in Texas is concerned to have already given implied consent.  This means that driver’s know that they must provide a sample for chemical testing if they are suspected of committing a DWI.

Individuals who have been arrested for a DWI can lose their license immediately.  However, as long as the request a hearing within 15 days of arrest, they will maintain driving rights until the date of their hearing at which time the suspension case will be heard.  For anyone who does not ask for a hearing, his or her license will be invalid after 41 days. 

If someone requests and ADR hearing, several facts will need to be proven by the motor bureau.  They will need to establish that the police officer had a good reason to pull someone over.   There must be some evidence that the officer found the person acting or appearing in such a way that they seemed to be in fact, intoxicated.  The motor bureau must also show that those arrested were told they could give a chemical sample and that they failed the test or they were not willing to take the chemical test.

If a person is convicted of a DWI they can face a 90-day suspension.  The days increase to 180 days for those reusing a blood test.  If someone had a prior offense, they can lose their license for one year.  The time doubles again for anyone who refused a blood alcohol level test.  When a person was arrested in the past for a DWI, but the arrest was over ten years ago, they will face the same suspensions as one who has committed their first DWI offense. 

Due to the complicated matter of DWI laws, people should obtain a lawyer.  A lawyer can help a person to obtain their driver’s license.  It is an excellent idea to have an attorney specializing in DWI to help a defendant with their ADR license.  They can also defend an individual at their court presence.  It is essential to find a lawyer who specializes in and knows a great deal about DWI laws. .