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Texas DWI Laws: What You Should Know

Admin • November 7, 2024
A car key , handcuffs , and a glass of alcohol on a white background.

Texas takes Driving While Intoxicated (DWI) very seriously, enforcing strict limits and penalties for those driving under the influence. Texas DWI laws define legal intoxication limits and outline the consequences for violations. Understanding these laws can help drivers avoid legal trouble and ensure safety on the roads. Here are the main points every Texas driver should know about the state’s DWI laws.

1. Legal Limits for Intoxication

In Texas, the legal blood alcohol concentration (BAC) limit is 0.08% for adults over 21. For commercial drivers, the limit is even lower at 0.04%, and any detectable alcohol is illegal for drivers under 21. However, if an officer believes you’re impaired, you can still face a DWI charge, even if your BAC is below these thresholds.

2. Penalties for First-Time Offenders

In Texas, a first-time DWI offense is classified as a Class B misdemeanor, with penalties that can include up to $2,000 in fines, 3 to 180 days in jail, and up to a one-year driver’s license suspension. First offenders may also be required to complete an alcohol education program and install an ignition interlock device. These serious consequences highlight the importance of understanding Texas DWI laws and the need to avoid driving under the influence to maintain safety and legal compliance.

3. Enhanced Penalties for High BAC Levels

If a driver’s BAC is 0.15% or higher, Texas law imposes even stricter penalties. This higher BAC level upgrades the offense to a Class A misdemeanor, which could lead to increased fines, longer jail time, and extended license suspensions. These enhanced penalties aim to address the heightened danger associated with extreme levels of intoxication.

4. Multiple Offenses Carry Harsher Consequences

Texas DWI laws get progressively stricter with each additional DWI offense. A second offense, for instance, may result in a fine of up to $4,000, up to a year in jail, and a license suspension of up to two years. A third offense is classified as a third-degree felony, with penalties including a $10,000 fine, up to 10 years in prison, and a possible permanent license revocation. These penalties highlight the importance of avoiding repeat offenses.

5. DWI with a Child Passenger

Driving while intoxicated with a passenger under 15 in Texas is a felony offense, even for a first-time DWI. Penalties are severe, with fines reaching up to $10,000, potential prison time of up to two years, and additional consequences. Texas enforces these strict penalties to prioritize the safety of minors and discourage impaired driving in situations where young passengers are at risk.

6. Implied Consent and Refusal to Test

Under Texas’ implied consent law, drivers who are lawfully arrested for a DWI are required to submit to a breath or blood test. Refusing to take a test can lead to automatic penalties, such as a license suspension for up to 180 days for the first refusal. Repeat refusals carry even longer suspensions. Refusal to test doesn’t eliminate the chance of conviction, as officers may still use other evidence to charge you.

7. The Role of Ignition Interlock Devices

In Texas, some DWI convictions require drivers to install an ignition interlock device. This device blocks the vehicle from starting if it detects alcohol on the driver’s breath, helping prevent repeat offenses. It’s often mandated for repeat DWI offenders or drivers with notably high BAC levels. As a safety measure, the device emphasizes the serious implications of DWI laws, serving as a preventive tool and a continual reminder of the risks associated with impaired driving.

Understanding Texas DWI laws is essential to avoid the severe consequences of impaired driving. If you’re facing DWI charges, the team at Black McLaren Jones Ryland & Griffee PC can help you navigate the legal process. Licensed across Tennessee, Mississippi, Arkansas, Missouri, and New York, they’re ready to assist. Contact them at (901) 762-0535 for more information.

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