Texas DWI Laws Explained
Texas has stringent laws about driving while intoxicated (DWI). These laws aim to discourage and penalize driving under the influence of alcohol or drugs.
How Does Texas Define DWI?
Texas defines DWI as operating a motor vehicle while under the effects of drugs or alcohol. Many know that DWI can be established by the testing of the blood’s alcohol concentration (BAC). However, any motorist who has lost “normal use” of their mental or physical faculties because of intoxication can be charged with DWI. In other words, you could face DWI charges even if your BAC was under the legally allowed limit or even if the police did not take a breath or blood sample at all.
The legal BAC limit for most Texas drivers is 0.08 percent. This is known as the “per se” limit. A “per se” DWI limit refers to a specific BAC at which a person is automatically considered “intoxicated,” regardless of their actual physical or mental condition. In other words, if a driver’s BAC is 0.08 percent or higher, they are legally intoxicated. If the State proves that the breath or blood test is accurate, no additional evidence, such as erratic driving or poor performance on a field sobriety test, is necessary to prove that someone who has reached the per se BAC limit is impaired.
The per se limit is even lower for specific drivers. For instance, commercial drivers have a per se BAC limit of 0.04 percent. Drivers under 21 are presumed to have violated DWI laws if they drive with any detectable amount of alcohol in their systems.
Importantly, Texas DWI laws encompass more than just the per se BAC limit, since a driver can be too intoxicated to operate their vehicle safely even if their BAC is below 0.08 percent. As a result, law enforcement and prosecutors can use evidence other than BAC levels to demonstrate intoxication and that a driver lose the “normal use” of their mental or physical faculties (which is the other legal definition of “intoxication” in Texas). This evidence might include observations of erratic driving, inability to perform standard field sobriety tests correctly, slurred speech, or lack of coordination.
It’s also worth noting that motorists do not actually have to be driving to face DWI charges in Texas. The law specifies that operating a motor vehicle while intoxicated is a DWI offense, and courts have historically interpreted the term “operating” broadly. Being in control of a vehicle in any capacity, even without driving, can count as operating it. For example, if a person is sitting in the driver’s seat with the keys in the ignition or even just in their possession within the vehicle, a jury could legally find that they are “operating the vehicle.” This scenario often applies when someone decides to sit in their car to sober up after drinking. Even if they don’t intend to drive, the fact that they have the capacity to do so is enough for a DWI charge if they are intoxicated.
Texas law also specifies that having a prescription for or a legal right to use a controlled substance, alcohol, or drug is not a defense against a DWI charge. Moreover, evidence that you lacked intent or were unaware of your impairment is an element of a DWI charge or something prosecutors have to prove to obtain a conviction.
DWI Criminal Consequences
In Texas, DWI convictions remain on your record indefinitely. Therefore, a DWI only counts as a first-time offense if you have no prior DWI convictions at all, no matter how much time has passed since any previous incidents. A first DWI offense is generally a Class B misdemeanor. However, if your BAC was 0.15 or higher, it upgrades to a Class A misdemeanor.
Penalties for a First DWI Offense
If convicted of a first-time DWI, you could face the following criminal penalties:
- Fines: Fines for a first DWI can reach up to $4,000, not including administrative fees.
- Jail Time: The law mandates a minimum of 72 hours in jail, which can extend up to six months. If your BAC was 0.15 or more, the maximum jail time increases to one year.
- License Suspension: In addition to a potential administrative suspension (through an Administrative License Revocation hearing), a conviction can lead to the suspension of your license for 90 days to one year. This period often runs concurrently with any administrative suspension. So, instead of serving two separate suspension periods, you serve just one that covers both penalties.
However, the goal of DWI punishments is to educate and reform the defendant, and judges have discretion when sentencing. Instead of the above penalties, you may be given a sentence requiring that you:
- Complete a state-approved education program on the dangers of DWI
- Perform community service
- Complete a probation period of up to 24 months, during which you must comply with specific conditions set by the court
Penalties for a Second DWI Offense
Conviction on a second DWI charge in Texas can result in significantly harsher penalties than a first offense. A second DWI in Texas is a Class A misdemeanor. This applies if you have any prior DWI conviction, regardless of how long ago it occurred, since Texas has no “lookback period.”
A second DWI offense can carry the following criminal penalties:
- Jail Time: Mandatory jail time ranges from 30 days to one year. Probation on a DWI second carries a minimum of three or five days in jail depending on whether your first DWI was older than five years.
- Fines: Fines can reach up to $4,000. If the second offense occurs within 36 months of the first, fines increase to $4,500 or $6,000 if your BAC is 0.15 or more.
- License Suspension: Upon a second DWI conviction, your license can be suspended for 180 days up to two years.
- Mandatory Ignition Interlock Device Installation: You must install an IID on any vehicle you operate while your charges are pending. Following license reinstatement, you must continue to use the IID for at least one year.
Alternatively, if the judge prefers, your sentence might involve probation and the following:
- DWI Education Class: You must complete a state-approved DWI education program.
- Substance Abuse Evaluation: You might need to undergo an evaluation to determine if a rehabilitation program is necessary.
- Community Service: You must complete 80 to 200 hours of community service.
- Victim Impact Panel: You might also need to attend a panel where victims of drunk driving incidents share their experiences.
Penalties for a Third DWI Offense
You could face a third-time DWI charge if you have had two prior DWI convictions at any point in your life. Third and subsequent DWI offenses are typically charged as third-degree felonies.
The penalties for third and subsequent DWI convictions include:
- Prison Time: Conviction can result in a prison sentence ranging from two to ten years in state prison. Various factors can reduce the actual time served, such as behavior and participation in jail-alternative programs.
- Fines: Fines can reach up to $10,000, not including additional fees and assessments.
- License Suspension: For third and subsequent DWIs, mandatory license suspension lasts up to two years.
- Mandatory IID Installation: As part of the conditions for release, you must install an IID on any vehicle you drive. This requirement persists throughout the period when your charges are pending and continues for one year after license reinstatement.
Again, judges have discretion in regards to sentencing DWIs, and you could face the following instead:
- Probation: You could face up to ten years of probation.
- DWI Education and Substance Abuse Programs: You must complete a DWI education program and possibly undergo a substance abuse evaluation followed by a rehabilitation program.
- Community Service: You may be ordered to perform up to 600 hours of community service.
- DWI Impact Panel: You might also need to attend an impact panel where victims of DWI incidents speak about the consequences of DWI.
Aggravated DWI Offense Consequences
In Texas, certain circumstances can elevate a standard DWI to an aggravated or enhanced DWI, resulting in more severe penalties.
High BAC DWIs
If your BAC is 0.15 or more, Texas law classifies your DWI as a Class A misdemeanor. This higher level of intoxication results in a minimum jail time of 30 days, which can extend up to one year. Additionally, you can face fines of up to $4,000, mandatory community service, and a possible license suspension of up to two years.
Third or Subsequent DWIs
A third or subsequent DWI within ten years is typically a third-degree felony. If convicted, you could face two to ten years in prison and fines up to $10,000.
DWI with Minor Passengers
Driving while intoxicated with a passenger younger than 15 is a state jail felony. This offense carries a jail sentence of 180 days to two years and fines of up to $10,000.
Felony Charges for DWIs Involving Injury or Death
The consequences are even more severe if your intoxicated driving results in injury or death.
Intoxication assault, which occurs when your driving causes serious bodily injury, is a third-degree felony. This includes injuries that pose a substantial risk of death or cause severe and permanent disfigurement. The penalties for intoxication assault include two to ten years in prison and fines of up to $10,000.
Intoxication manslaughter is a more serious offense that occurs when intoxicated driving results in someone’s death. This is a second-degree felony, which carries a stiffer penalty of two to 20 years in prison and up to $10,000 in fines.
Additional Legal Requirements for Aggravated DWI
Texas law mandates that repeat offenders or those with a serious DWI offense install an ignition interlock device (IID) on their vehicles. This device prevents your car from starting if it detects alcohol in your breath. If you have committed a second or subsequent DWI within five years, the court requires you to install an IID on every vehicle you own or operate and at your own expense. The court may allow you to follow a payment schedule or possibly waive fees if you cannot afford the device.
Additional DWI Criminal Consequences
DWI already carries significant penalties in Texas, but certain circumstances can lead to even more severe consequences. These enhanced penalties are designed to address specific situations that substantially increase the risk to public safety.
DWI with a Child in the Vehicle
In Texas, you face severe legal consequences if you drive while intoxicated with a passenger under 15 years old in the car. This is a more serious offense, classified as a state jail felony, because it involves endangering a child. If convicted, you can face fines of up to $10,000, spend up to two years in jail, and have your license suspended for an extra 180 days. These penalties take a harsh stance against the dangers of putting a child at increased risk of injury.
DWI with a Suspended License
Being caught driving with an invalid license (DWLI) while also intoxicated can escalate the severity of your DWI charges. The state takes this scenario seriously because it shows a disregard for legal restrictions it has already placed on you. The consequences can include longer jail time, increased fines, and further suspension of your driving privileges, reflecting the compounded risk you pose on the road.
DWI with an Open Container
Under Texas law, the term “open container” refers to any bottle, can, or receptacle for any amount of alcoholic beverage that is either open, has a broken seal, or is partially empty. It is illegal to have an open container in the passenger area of any vehicle while on a public highway, regardless of whether you are driving, stopped, or parked. In this context, a “passenger area” does not include the vehicle’s trunk, locked glove compartment or storage container, or the space behind the last upright seat of the vehicle.
Driving with an open container can significantly elevate the severity of DWI charges. This offense is a Class C misdemeanor on its own. Combined with a DWI, it could result in increased fines, longer jail time, and extended license suspension periods.
Administrative Consequences of DWI
In addition to and separate from the criminal consequences of a DWI are its administrative consequences. These civil consequences are triggered if you:
- Refuse to take a blood or breath alcohol test
- Take a blood or breath test and register a BAC of 0.08% or more while driving a non-commercial motor vehicle
- Take a blood or breath test and register a BAC of 0.04% or more while driving a commercial motor vehicle
If you refuse to take an alcohol test, the officer who pulled you over will issue you a suspension notice, a disqualification notice, or both. You have 15 days to request a hearing to contest the suspension; otherwise, it will go into effect 40 days after you were given notice.
If you consented to take an alcohol test, the suspension notice will not be issued until the Texas Department of Public Safety has reviewed the test and confirmed whether it was above the legal limit. Once you receive notice in the mail, you will have 20 days to request a hearing to contest the suspension. If you do not, the suspension will go into effect 40 days after the department presumes you to have received its notice.
Suspension Durations
If you are over the age of 21 and refuse to take an alcohol test, a first administrative license suspension will last for 180 days. The length of the suspension will increase to two years if you:
- Have previously received a suspension for refusing an alcohol test
- Have been convicted of DWI, Intoxication Assault, or Intoxication Manslaughter in the last 10 years
If you consented to take the test and registered a BAC of above 0.08%, a first administrative license suspension will last for 90 days. The length of suspension will increase to one year if you:
- Have previously received a suspension for refusing an alcohol test
- Have been convicted of DWI, Intoxication Assault, or Intoxication Manslaughter in the last 10 years
If you are under the age of 21 and refuse to take an alcohol test, your license suspension will last for 120 days for a first offense. The length of suspension will increase to two years if you:
- Have previously received a suspension for refusing an alcohol test
- Have been convicted of DWI, Intoxication Assault, or Intoxication Manslaughter in the last 10 years
If you are under 21 and failed an alcohol test or were otherwise found to have a detectable amount of alcohol in your system, you will receive a 60-day license suspension for a first offense. That suspension will increase to 120 days if you:
- Have previously received a suspension for refusing an alcohol test
- Have been convicted of DWI, Intoxication Assault, or Intoxication Manslaughter in the last 10 years
The suspension will increase to 180 days if you have two or more of the above convictions in the last 10 years.
Disqualification Durations
You will face license disqualification in addition to license suspension if:
- You have a commercial learner’s permit or commercial driver’s license and refused an alcohol test or your BAC tested above 0.08%
- Your BAC tested above 0.04% while driving a commercial vehicle
This disqualification will last for one year for a first offense, three years for a first offense while transporting hazardous materials, and life if you have previously committed certain violations of the Texas Transportation Code.
Requesting a Hearing to Contest a Revocation
Under certain circumstances, you may be entitled to appeal your administrative license suspension. You have 15 days from the day you were served notice to request an appeal and should hear back from the Department of Public Safety (DPS) about the date, time, and location of your hearing within 60 days.
During the hearing, you may present your evidence before an Administrative Law Judge, who will review it alongside evidence presented by the DPS. If the judge feels that the DPS has proven the case, they will allow the suspension to take effect. Otherwise, they will not suspend your license. Either side may then appeal the judge’s decision.
If you decline to request an appeal, the suspension will go into effect 40 days after you were served notice that you registered an elevated BAC, or 15 days after you were served notice that your license would be suspended over your refusal to submit to testing.
The Difference Between DUI and DWI In Texas
The crime of driving while impaired by alcohol or drugs for those 21 and above is referred to by the state of Texas as Driving While Intoxicated (DWI), a term that is often used interchangeably with driving under the influence (DUI). However, there are distinct crimes called Driving Under the Influence of Alcohol (DUIA) by a Minor that applies to drivers under 21 and Driving While Intoxicated (DWI) by a Minor. Texas enforces a zero-tolerance alcohol policy for underage drivers. This means any detectable amount of alcohol in someone’s system, however small, can lead to a “DUIA by a Minor” or “DWI by a Minor” charge if they are under 21.
DUI Consequences for Minors Under 17
Those charged with DUI by a Minor face harsh penalties, including the following:
- First Offense: This is a Class C misdemeanor. The minor faces a fine of up to $500, must perform 20 to 40 hours of community service focused on alcohol education or prevention, and must attend an Alcohol Awareness Course. Importantly, there’s also a driver’s license suspension for 60 to 180 days. If the minor does not yet have a driver’s license, this suspension delays their eligibility to apply for one by the same period.
- Second Offense: This is also a Class C Misdemeanor. It is punishable by a fine of up to $500, increased community service hours (40 to 60 hours), and a longer license suspension of 120 days to two years. Again, attendance in an Alcohol Awareness Course is mandatory.
- Third and Subsequent Offenses: These are still considered Class C misdemeanors but are treated as delinquent conduct. The minor will face up to $500 in fines, 40 to 60 hours of community service, and a license suspension extending from 180 days to two years.
DWI Consequences for Minors Between 17 and 21
The consequences of DWI by a Minor for drivers between the ages of 17 and 21 are even more severe:
- First Offense: This offense is a Class B misdemeanor. It includes a fine of up to $2,000, a jail term of 72 hours to 180 days, and a one-year driver’s license suspension. The suspension period can decrease to 90 days if the court orders community supervision and the installation of an ignition interlock device.
- Second Offense: This is a Class A misdemeanor punishable by a fine of up to $4,000, 30 days to one year in jail, and a license suspension of 180 days to 18 months.
- Third or Subsequent Offense: This is a felony of the third degree. Penalties include a fine of up to $10,000, two to ten years in a state prison, and a driver’s license suspension for 180 days to two years.
It’s worth noting that minors can also be charged as adults in certain circumstances.
Your Next Steps After Receiving a DWI Charge
Have you been charged with DWI in Texas? What you do next could have a big effect on the course of your case. Here are the steps you need to take to handle the situation responsibly while protecting your rights:
- Be Mindful of Your Communication: Be mindful of what you say to the police or prosecutors. Politely decline to discuss your case without your attorney present. This will prevent you from unintentionally providing information that could be detrimental to your defense.
- Document Everything: As soon as possible, write down everything you remember about your arrest and the events leading up to it. Include details such as the time, location, what was said, and any actions by the police. This documentation can help your attorney build a strong defense.
- Identify Witnesses: Anyone who was with you or interacted with you prior to your arrest might be able to give compelling evidence about your actions and whereabouts.
- Contact a Lawyer: As soon as possible after your arrest, contact an experienced DWI defense lawyer. Bring the evidence you’ve gathered thus far with you to your initial consultation so that your prospective attorney can review it. This can help them understand the strengths and weaknesses of your case, advise you on your options, and create an effective case strategy.
- Keep Out of Trouble: Your lawyer will have a better bargaining position with prosecutors if you stay on the straight and narrow. Refrain from consuming alcohol or drugs or frequenting bars or similar establishments. Don’t drive if your license has been suspended. Any slip-ups now could cost you big at sentencing.
A good defense lawyer can protect your rights and aim for a favorable outcome in your DWI case. They will meticulously examine the details of your arrest and the evidence against you to develop a strong defense strategy. This might involve challenging the validity of the breathalyzer test, the police officer’s conduct during the arrest, or other procedural errors. Your lawyer can also negotiate with prosecutors to possibly reduce your charges. If your case goes to trial, your attorney will represent you in court and advocate on your behalf. Additionally, if you are convicted, your lawyer can argue for leniency during sentencing. If you are not convicted of DWI, your lawyer can help you expunge the record of your arrest so that it does not appear on background checks.
Your Next Steps After a DWI Conviction
A DWI conviction can have serious consequences on your life apart from any criminal and administrative penalties. For instance, it might affect your job, especially if your work involves driving. Professional licenses and child custody arrangements could also come under scrutiny. It’s important to address these issues directly by communicating openly with your employer, reviewing the terms of any professional licenses, and discussing your situation with a family law attorney if child custody is a concern.
You will also need to work on reinstating your driver’s license, as this will not happen automatically after your suspension period ends. You will need to complete any court-ordered penalties, pay necessary fees, and possibly install an ignition interlock device on your vehicle as the court requires. An attorney can guide you through this process and check if you qualify for license reinstatement or an occupational license.
How Long Does a DWI Stay On Your Record?
In Texas, a DWI will stay on your record indefinitely, whether it results in an arrest or a conviction. If you are arrested for a DWI but not convicted, the arrest record still appears in background checks unless you get it expunged or sealed through legal processes. A DWI conviction also remains permanently on your criminal record in Texas. This permanent record can affect your employment opportunities, insurance rates, and more.
Contact Ceja Law Firm Today
Facing a DWI in Texas can be overwhelming, but you don’t have to handle it alone. Reach out to Ceja Law Firm for support. Our team is here to help you explore your legal options and defend you against all types of DWI charges. Call us today for an initial consultation to get started.
