Anyone who drives in Texas must be familiar with the state’s drunk driving laws. These laws are put in place to protect everyone on the road, discourage drunk driving, and reduce the risk of unnecessary traffic deaths.
Drunk driving is a major crime in Texas, with consequences that can ruin a person’s life in many ways, including their ability to work, their bank account, and their future prospects.
According to the Texas Department of Transportation, potential penalties include a fine of up to $2,000, a prison sentence of up to 180 days with a mandatory three-day minimum, and the potential loss of a driver’s license for up to one year.
This article will provide an overview of Texas’ DUI laws, including definitions, BAC restrictions, enforcement strategies, and first-time and repeat offender penalties.
Overview of DUI Laws in Texas
In Texas, driving under the influence, commonly known as DUI, occurs when drivers operate a vehicle while under the influence of alcohol, drugs, or other substances.
Some people interchange DUI with driving with intoxication or DWI. In the state of Texas, DUI usually refers to minors under 21 who are discovered driving with any noticeable alcohol in their system, even if they are below the legal blood alcohol concentration (BAC) threshold. Meanwhile, a DWI charge is placed on adults with BACs over the legal limit.
If you intend to drive in Texas, you should be familiar with its local DUI laws. Failure to comply with the law can result in serious consequences for your life.
Under-21 drivers are subject to zero-tolerance laws, which mean that any traces of alcohol found may result in a ticket. Should the drunk driver cause an accident, severe charges may be filed.
First-Time Offense Penalties
If you are a new resident of Texas, you will have a lot to lose with the charge of a DWI or DUI. Having a BAC higher than 0.08% may result in a penalty of up to $2,000.
Texas authorities can impose incarceration for up to 180 days, but probation often serves as an alternative course of action. If you comply with the law or meet certain conditions, you can avoid jail and unnecessary financial strains brought about by a DWI or DUI charge.
You can take a DWI or DUI education course to learn more about the implications of these laws.
Individuals who are convicted of DWI or DUI can have their driver’s license revoked for up to one year. Losing your driving privileges can have an impact on your daily life, making it more difficult to get to and from places.
Use all available means to assert your rights and obtain the necessary support, such as legal representation, to help you handle your case.
Repeat Offense Consequences
If you have a previous DUI or DWI record and are charged with a second DUI in Texas, you may face up to 30 days in prison and a $4,000 fine within five years.
Subsequent DUI charges result in sentences ranging from two to ten years in prison and fines of up to $10,000.
Driving privileges can be suspended for two years, and an interlock account must be maintained.
The results alter not only life and liberty but also employment and personal relationships, making it recommended to treat the charge seriously. These penalties heavily affect your personal life and freedom. The consequences of DWI and DUI charges can also limit your employment opportunities. If you fail to take these charges seriously, you may face personal and professional consequences.
Legal Defenses Against DUI Charges
Defending yourself against DUI charges can be difficult and overwhelming. One common defense strategy involves contesting the validity of the traffic stop that resulted in your DUI charges. If you prove the stop was illegal, any evidence collected is inadmissible and can’t be used against you.
You may question the accuracy of a field sobriety test or a breathalyzer test, which is another area where your lawyer can concentrate your case’s legal strategy.
Certain drugs or medical conditions can help you question test findings, supporting your claims and strengthening your defense. Obtain legal counsel to determine whether any of these arguments apply to your specific situation.
Impact of DUI on Driving Privileges and Insurance Rates
A DUI has far-reaching consequences that affect your driving privileges and insurance rates.
License suspension can result in decreased mobility and a change in lifestyle. Depending on the severity of the charge and any previous offenses, an alcohol education program may also be required for the reinstatement of driving privileges.
Insurance companies now consider you to be a ‘high-risk’ customer, so your insurance rates will increase. The company will likely monitor your premium or even cancel your policy.
In some cases, you need to file an SR-22 form to show that you have an insurance policy with continuous coverage through a certain company. Always keep in mind that a DUI charge has long-term consequences for both your personal record and your finances.