A DUI/DWI charge is a serious offense in the state of Texas. It is a criminal offense, making it having long-term consequences. In Texas, DUI and DWI laws are governed by a set of specific statutes and regulations. In this blog, we’ll explore key laws and provisions related to DUI and DWI in Texas, helping drivers understand their responsibilities and the legal framework designed to keep the roads a safe place.
Important DUI/DWI Laws in Texas
The laws and regulations Texas as in place relating to DUI/DWI is put into place to create a safer driving environment for everyone. Here are a few key laws to be aware of:
1. Texas Penal Code Section 49.04: Driving While Intoxicated (DWI): A person commits an offense if they are intoxicated while operating a motor vehicle in a public place. Intoxication in Texas is defined as having a blood alcohol concentration (BAC) of 0.08% or more or being impaired by drugs where it affects a person’s ability to safely operate a vehicle.
2. Texas Penal Code Section 49.07: DWI with a Child Passenger: In texas, it is a felony to drive while intoxicated with a child passenger under 15 years old in the vehicle. Penalties for this offense include imprisonment in a state jail for 180 days to 2 years and a fine of up to $10,000.
3. Texas Penal Code Section 49.09: Enhanced Penalties for Repeat Offenders: Penalties are enhanced for those convicted of multiple DWI offenses.
- Second Offense: Considered a Class A misdemeanor with increased fines and jail time.
- Third Offense: Considered a third-degree felony, with potential imprisonment ranging from 2 to 10 years and fines up to $10,000.
4. Texas Penal Code Section 49.04(b): Driving While Intoxicated – Legal Limits: The BAC limits in Texas are as stated:
- General Drivers: 0.08% or more.
- Commercial Drivers: 0.04% or more.
- Underage Drivers: Zero tolerance, with a BAC limit of 0.01%.
5. Texas Transportation Code Section 724.012: Implied Consent Law: When you operate a motor vehicle in Texas, you have implied consent to provide a breath or blood sample if requested by law enforcement. Refusing to take a test can lead to suspension of driving privileges for 180 days to 2 years, depending on whether it’s a first offense.
6. Texas Penal Code Section 49.05: Driving Under the Influence of Alcohol by a Minor (DUI): A minor (under 21) can be charged with DUI if they have any detectable amount of alcohol in their system while driving. Penalties include fines, mandatory alcohol education programs, and possible license suspension.
7. Texas Penal Code Section 49.11: Possession of Alcohol in a Motor Vehicle: It is illegal for a driver or passenger to possess an open container of alcohol in any area of a vehicle.
Get Guidance From an Experienced DUI/DWI Attorney
The laws associated with DUI/DWI offenses can be complex. If you are unfamiliar with Texas laws and are navigating a DUI/DWI charge, it can be difficult to know your rights. That’s where C.L. Swisher comes in. Here at C.L. Swisher, we understand this can be a stressful process and are here to help. Our Houston criminal defense attorneys have a proven track record of success and will fight aggressively to protect your future. Contact us today for a consultation.
