DUI & DWI in Texas
Fines and Fees
1st offense – $1,000 – $8,000
2nd offense – $2,500 – $10,000
3rd offense – $3,500 – $16,000
4th offense – not listed
Insurance
Insurance Increase – $1,020.60
Total policy increase – $3,061.80
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TEXAS DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
TEXAS DUI/ DWI REGULATIONS
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
TEXAS DUI/ DWI REGULATIONS
In Texas, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04%. – for commercial drivers (CDL)
0.00% – for drivers under 21 years of age
Having a license in the state of Texas automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
TEXAS CHEMICAL TEST REFUSAL PENALTIES
All drivers in Texas are subject to implied consent, which means that if you drive, you’ve implied your consent to a chemical test if law enforcement suspects you’re drunk or otherwise impaired. If you refuse a chemical test (often a blood or breath test), law enforcement can enforce Administrative License Revocation (ALR), which is a type of license suspension unrelated to your other possible DWI penalties.
Chemical test refusals can lead to license suspension between 90 days and 2 years for adults (for drivers under 21 years old, see below). If you refuse a chemical test:
- The officer takes your driver’s license and issues you a temporary driving permit.
- You have 15 days to request a hearing, after which any hearing request will be denied.
- If you don’t request a hearing, your license suspension kicks in 40 days after the arrest. (Sometimes, missing or delayed paperwork is taken into consideration.)
- You’ll eventually pay a $125 fee to get your license back.
The State Office of Administrative Hearings handles the hearings, and you can request one using the state’s ALR Hearing Request page. Allow 120 days to receive the date, time, and location of your hearing. If you’re found guilty, you can appeal the verdict. Just send a file-stamped, clerk-certified copy of your appeal petition to the address below within 30 days of your suspension:
Department of Public Safety
Enforcement and Compliance Service
P.O. Box 4087
Austin, TX 78773-0320
Learn more about the appeals process, including appellate court decisions, at the state’s Appeal and Administrative Hearing Decision page.
ADDITIONAL TEXAS DRUG AND ALCOHOL CRIMES
Mostly, DWI crimes are related to your BAC when operating a motor vehicle and certain other circumstances. However, officers can arrest you for other alcohol-related crimes involving your vehicle:
- It’s illegal to have an open container of alcohol in the passenger area of your vehicle if you’re driving or parked on a public highway (Texas defines the “passenger area” as the area designed for people to sit in while traveling).
- An open container violation results in a maximum $500 fine and a Class C misdemeanor.
- If you’re arrested for DWI and open container, you’ll get a Class B misdemeanor and a minimum of 6 days in jail.
For more information on other kinds of DWI laws, check out Title 10, Chapter 49 of the state’s penal code.
TEXAS DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
1st Offense
- Up to a $2,000 fine.
- Jail time between 3 days and 180 days.
- License suspension for up to 2 years.
- Annual surcharge up to $2,000 for 3 years to keep your license.
- DWI intervention or education program.
- Possible ignition interlock device.
2nd Offense
- Up to a $4,000 fine.
- Jail time between 1 month and 1 year.
- License revoked for up to 2 years.
- Annual surcharge of up to $2,000 for 3 years to keep your license.
- DWI intervention or education program.
- Possible ignition interlock device.
3rd Offense
- Up to a $10,000 fine.
- State prison time between 2 years and 10 years.
- 12 points added to your driving record.
- License revoked up to 2 years.
- Annual surcharge of up to $2,000 for 3 years to keep your license.
- DWI intervention or education program.
- Possible ignition interlock device.
IF YOU ARE UNDER 21 YEARS OLD:
Driving on Texas roads implies you give law enforcement consent to check your breath or blood for the presence of alcohol or other drugs. The TX DMV will suspend your license if you refuse a breath or blood test. Texas has a Zero Tolerance Law for minors and alcohol; this means drivers younger than 21 years old can’t operate motor vehicles with any amount of alcohol or drugs in their systems.
1st Offense
- License suspension up to 2 years.
- Up to a $500 fine.
- An Alcohol Education Program at least 12 hours long.
- An additional 180 days of license suspension if you don’t complete the Alcohol Education program.
- 90 days of license suspension if your judge gives you community service. This means you’ll also have an ignition interlock device.
2nd Offense
- 120 days license suspension.
3rd Offense
- 180 days license suspension.
If you don’t have a license yet, the DMV will delay your driving privileges the same number of days or years.
OTHER UNDER 21 ALCOHOL OFENSES IN TEXAS
Any involvement with alcohol can affect your driving privileges in Texas, including non-driving alcohol offenses. Examples of non-driving alcohol offenses include:
- Purchasing or attempting to purchase alcohol.
- Lying about your age in an attempt to obtain alcohol.
- Presenting a falsified document stating that you’re 21 years old in an attempt to obtain alcohol.
- Consuming alcohol.
- Possessing alcohol.
- Public intoxication.
PENALTIES FOR THESE OFFENSES:
- First offense: License suspension for 30 days.
- Second offense: License suspension for 60 days.
- Third offense: License suspension for 180 days.
Based on your situation (and possibly even your age), your judge also might order the Alcohol Education Program and community service.
TEXAS TRANSPORTING CHILDREN WHILE UNDER THE INFLUENCE
If you’re charged with DUI with a child younger than 15 years old in your vehicle:
- Up to a $10,000 fine.
- Jail time up to 2 years.
- License suspension for 180 days.
INTOXICATION ASSAULT
You can be charged with intoxication assault if, while drunk driving, you cause serious bodily injury to another person. Texas considers serious bodily injury to be an injury that causes:
- A significant risk of death.
- Serious and permanent disfigurement or loss.
- Damage that impairs function of a body part or organ.
If you are convicted, you’ll have a 3rd degree felony.
INTOXICATION MANSLAUGHTER
Intoxication manslaughter involves killing another human being while you’re operating a motor vehicle under the influence.
If you’re convicted, you’ll have a 2nd degree felony.
TEXAS PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
The Federal Motor Carrier Safety Administration (FMCSA) states that any commercial driver operating a commercial vehicle with a BAC of 0.04% or higher is considered to be driving under the influence.
- Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
- You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
Visit the FMCSA’s Disqualification of Drivers for specific information.
TEXAS ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
Texas laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:
- Driver is age 21 and above: driving with BAC 0.08% or more.
- Driver is age 21 and under: is driving with any detectable BAC or has committed any alcohol related offense whether driving or not.
Under this law, if you are arrested for DUI/DWI, the arresting officer will transport you to the police station where the BAC test will be performed. If you refuse or fail the test, the officer will confiscate your Texas driver license and issue a Notice of Suspension
The driver can request an administrative hearing by an Administrative Law Judge within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If no hearing is requested, the suspension takes effect after 40 days. Otherwise, the temporary driving permit issued at the time of arrest stays in effect till the hearing is completed. If the hearing goes against the driver, his license will be suspended or revoked based on his previous driving record.
If the administrative hearing goes against the driver, he can appeal against the ruling to the county court. If this appeal is properly filed, the suspension is automatically stayed by 90 days. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favor of the driver, then his license will be returned and the suspension/revocation will be cancelled.
If the driver, however, does not request a hearing, then the suspension/revocation begins on the 40th day after the arrest, and is final. An occupational or restricted interlock license costs $10 per year in addition to the reinstatement fee.
TEXAS LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Transportation, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- If the court has mandated that you must complete a DWI Offenders’ Program you must provide proof of completion, pay the reinstatement fee of $125, and maintain proof of financial responsibility by filing SR-22, if needed.
- You also have the annual surcharges associated with the Driver Responsibility Program that range from $1,000 to $2,000 each year for 3 years.
- The court may also order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive if you are granted restricted driving privileges for part of the period of revocation.
- You can carry the reinstatement application with fees to one of these locations or send it with a money order or check favoring “TX DPS” to:
Texas Department of Public Safety
Central Cash Receiving
P.O. Box 15999
Austin TX 78761-5999