Texas DUI Laws & Attorneys
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Texans insist that everything is bigger and badder in Texas. That may well be true in the case of DWI penalties too.
In Texas the term DWI means Driving While Intoxicated and not having the normal use of your mental or physical faculties by reason of the introduction of alcohol, a controlled substance or a combination of these or any other substances into the body. However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of blood alcohol content (BAC). And whether you're the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle.
The Texas DWI ‘per se’ law states that a blood alcohol content of .08% BAC by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for “driving while intoxicated” if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was “impaired”..
Every driver in Texas has given their ‘implied consent’ for a blood alcohol test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a Texas DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Texas DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs, be aware that you can still be arrested for a Texas DWI, even though you are not “legally drunk”, and are still subject to ALR (automatic license revocation).
After being charged with a Texas DWI you’re going to face two adversaries: the criminal courts, and the Texas Department of Public Safety (TDPS). If your license was suspended or revoked because of a DWI, you will be offered a formal hearing.
You have the right to make a request within 15 days after your arrest for an administrative hearing with the TDPS to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. And TDS sanctions can also be imposed even if you are found not guilty in a criminal court case.
A TDPS hearing may be a crucial opportunity to let your Texas DWI defense attorney cross-examine and rebut testimony, confront evidence offered by those involved in your arrest and investigation. It is possible to receive a suspension for a DWI conviction and a suspension for a BAC test failure or a refusal arising from the same arrest. It is possible to receive penalties from both the court system and the Texas Department of Safety. However, penalties usually run concurrently (at the same time).
Be advised that Texas has an out-of-state Driver’s License Compact Agreement. This means that that Texas DWI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Texas DWI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DWI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Texas DWI specialist. In any case, when you are stopped and arrested for suspicion of a Texas DWI, request to see a DWI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Texas DWI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Texas DWI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
Law enforcement officers are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Texas DWI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Texas DWI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DWI charges and Texas drunk driving laws should be taken very seriously. Texas DWI convictions and penalties can be long lasting and severe, both in court and with the Texas Department of Public Safety (TDPS), which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Texas DWI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Texas DWI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Texas DWI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Texas DWI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal can carry penalties which may be more severe than a DWI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 15 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
It is next to impossible to plea bargain a Texas drunk driving charge without an experienced Texas DWI lawyer. Often effective DWI counsel will be able to negotiate a plea to a lesser charge.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Texas DWI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Texas DWI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DWI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Texas DWI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Texas DPS and the Criminal Courts Double Jeopardy?
Like most states, Texas law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. TDPS administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Texas DWI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Texas DWI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous Texas administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any driving while intoxicated (or associated) convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Can I Get a Hardship Driver's License?
The minimum age is 15 to18 years. Applicants 18 and over are not eligible.
What About Enhanced Punishments For Texas DWI Convictions?
Many circumstances may lead to sentence enhancements: prior DWI convictions (within a 10 year period), the presence of a child in the car (15 years or younger, 180 days to 2 years in jail and up to $10,000 fine), speeding, reckless driving and a elevated BAC level, or causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Texas multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced Texas DWI attorney in order to secure the best possible outcome of a potentially severe situation.
What About Probation?
Most first-time DWI offenders are granted probation which avoids lengthy loss of license and jail time. The general length of probation is 1 to 2 years and conditions include, installation of an ignition interlock device, substance abuse evaluation, attend AA meetings, completion of DWI school, attend Victims Impact Panel, remain employed, lead a law-abiding life, report to probation officer, pay all fees, and performing community service.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. The state estimates that insurance premiums can escalate to over 300% in 5 years. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Texas DWI Criminal Penalties –
1st offense
3 days to180 days in jail.
Up to $2,000 fine.
$1,000 to $2,000 annual fee for 3 years to retain driver's license.
90 days to 1 year loss of driver’s license.
6 days minimum jail with open container at the time of arrest.
Ignition interlock installed in vehicle.
24 to 100 hours of community service.
SR – 22 high risk insurance required for reinstatement of license.
2nd offense
3 days to 1 year in jail.
Up to $4,000 fine.
Annual fee of $1,000 or $2,000 for 3 years to retain driver's license
180 days to 2 years loss of license.
80 to 100 hours of community service.
Installation of ignition interlock device.
SR – 22 high risk insurance required for reinstatement of license.
3rd Or More Offenses
A felony.
2 to10 years in prison.
Up to $10,000 fine.
Ignition Interlock device.
180 days to 2 years loss of license.
160 to 600 hours of community service.
Court ordered substance abuse programs.
SR – 22 high risk insurance required for reinstatement of license.
4th Offense
All of the above plus:
2 to 10 years in prison.
No probation.
Refusing BAC Test
1st refusal: 90 days to 2 years loss of license.
2nd offense: 2 years loss of license
Underage DWI
.02% BAC or any detectable amount of alcohol.
1st offense: 30 days loss of license
2nd offense 60 days loss of license.
3rd offense (or more): 180 days loss of license.
Up to $500 fine.
20 (or more) hours of community service.
Attendance at alcohol awareness program.
Parent or guardian required at court appearances.
After 1 conviction record can be expunged at age 21.
Underage With BAC .08% or Higher
Up to $200 fine.
72 hours to 180 days in jail.
90 days to 1 year loss of license.
Underage Possesion of Alcohol
Up to 60 days loss of license.
Up to $500 fine.
Up to 20 (or more) hours of community service.
Mandatory class in alcohol awareness.
Commercial Motor Vehicle Penalties
1 year disqualification for 1st offense.
1 year disqualification for refusing BAC test.
3 years disqualification for hauling hazardous material with DUI.
Subsequent offense lifetime disqualification.
– Texas Dept. Of Safety Penalties –
1st Offense
90 days to 2 years loss of license.
180 days suspension of license with drug conviction (violation does not have to occur in a motor vehicle).
Mandatory substance abuse program.
2nd Offense
180 days to 2 years loss of license.
Mandatory substance abuse program.
3rd Offense
180 days to 2 years loss of license.
Possible vehicle confiscation.
Mandatory substance abuse program.
BAC Test Refusal
1st offense: 180 days up to 2 years loss of license.
2nd offense: 2 years loss of license
Underage DWI
60 days loss of license suspension for the 1st offense.
120 days loss for a 2nd offense.
180 days loss for a 3rd offense.
180 days loss of license for BAC test refusal.
2 year loss of license for 2nd test refusal
SR–22 high risk insurance policy.
DWI education program.
– Disclaimer –
Only experienced Texas DUI attorneys should provide you with bonified legal advice concerning Texas DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Texas DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Texas DUI attorney specializing in DUI cases.
– Citations –
Intoxication and Alcoholic Beverage Offenses [PDF] (TX Transp. Code Ch. 49 scroll to section 49.04)
Texas Transportation Code 522.081, 37 Texas Administrative Code 15.82, 37 Texas Administrative Code 16.93. (CDL).
Texas Transportation Code 521.344 (Underage DWI).
