Texas DWI Laws

In the state of Texas, law prohibits drivers from operating a motor vehicle when the individual’s blood alcohol concentration (BAC) is at or above .08 percent. Drivers of commercial vehicles must comply with the reduced legal limit of .04% BAC, and drivers under the age of 21 are limited to .02% BAC. Texas drivers may also face Driving While Intoxicated (DWI) charges if found driving under the influence of controlled substances, like marijuana, cocaine, methamphetamines, or other intoxicants. When issued a driver’s license in Texas, all drivers imply consent to chemical tests to determine to presence of alcohol or drugs when driving.

First Offense

Steep penalties exist for Texas drivers convicted of DWI. First time offenders will be fined up to $2,000 and face from 3 to 180 days in jail. The state will also suspend the driver’s license of first time offenders from 90 days up to one year. Punitive and monetary penalties increase if a child is present in the vehicle or if the driver is found with a BAC level over .16 percent.

Second Offense

Offenders receiving a second DWI conviction face from 30 days to one year in jail and a fine that could reach $4,000. Texas can suspend the driver’s license of individuals with two DWI convictions from 180 days up to two years. The state can also require drivers to pay for an Ignition Interlock Device to be installed in their vehicle. This device requires drivers to breath into it, preventing the vehicle from starting if alcohol is detected. Penalties are also increased if a child is present or if a BAC level of .16% is detected.

Third Offense

Drivers convicted of a third DWI offense in the state of Texas are considered felony offenders, and face a mandatory jail sentence of 2 to 10 years and a fine up to $10,000. The individual’s driver’s license can then be suspended up to two additional years, and the driver will be required to pay for an ignition interlock device to be installed in their vehicle.

This article does not provide legal advice and should only be used as a reference tool.

Legal Resource: Dallas Justice, practicing DUI/DWI law in Dallas.