In Texas, Driving Under the Influence (DUI) refers to operating a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher, or while visibly impaired by alcohol or drugs. Many different repercussions can come with receiving a first-time DUI charge in Texas, including life-long consequences. One question that might be asked after receiving a first-time DUI charge in Texas is if jail time is a possibility. Well, it depends on the circumstances. In this blog, we will be discussing DUI laws in Texas and the possibility of jail time for first offenders
Texas DUI Laws for First-Time Offenders
Texas takes first-time DUI charges very seriously and has laws and regulations put in place to keep public safety as a priority. For individuals over the age of 21, a DUI is when a driver’s Blood Alcohol Concentration (BAC) is 0.08% or higher, or when the driver is impaired by alcohol or drugs, regardless of BAC. For drivers under the age of 21, any detectable amount of alcohol in their system can lead to a DUI charge due to Texas’s zero-tolerance policy for minors. Additionally, commercial drivers are held to a higher standard, having a BAC of 0.04% or higher resulting in a DUI charge.
For a first-time DUI offense, the penalties can include:
- Fines up to $2,000
- Jail time ranging from 72 hours to 180 days
- Driver’s license suspension for up to one year
- Completion of a mandatory alcohol education program
- Annual fees ranging from $1,000 to $2,000 for up to three years to retain a driver’s license
Learn More: The Penalties for DUI/DWI Convictions in Texas
Is Jail Time Mandatory for a First DUI in Texas?
Depending on the case, a first DUI charge in Texas can result in anywhere from three days to six months behind bars. The 72-hour minimum jail sentence is standard, but certain aggravating factors may result in longer jail sentences.
Here are some common reasons why jail time might be enforced in a first-time DUI charge:
- BAC Level: If your blood alcohol content (BAC) is above the legal limit (especially over 0.15%) the judge is more likely to enforce jail time.
- Presence of Minors: Having a child under 15 in the car at the time of your arrest will significantly increase penalties, which could include mandatory jail time.
- Accidents or Injuries: If your DUI involved a crash that caused property damage or injuries, your chances of jail time go up. In serious cases, you could even face felony charges.
- Refusing a Breathalyzer or Blood Test: Refusing a BAC test can result in harsher penalties since Texas has implied consent laws, meaning drivers agree to submit to these tests when they’re on the road.
Alternatives to Jail for First-Time DUI Offenders
While jail time is a possibility for some DUI charges, many first-time DUI offenders have options to avoid jail time. Texas courts often offer alternative programs for people who are willing to take responsibility for their actions. Some alternatives include:
- Probation: Instead of jail, the judge may put you on probation, which could involve regular check-ins by a probation officer.
- Alcohol Education and Treatment: You may be required to attend a state-approved alcohol education or treatment program. These programs can show the court you’re taking steps to prevent future issues.
- Deferred Adjudication: In some cases, the court may allow you to enter a deferred adjudication program, which means your case is put on hold while you complete certain requirements. If you complete the requirements, the DUI conviction might not go on your record.
- Community Service: Many first-time offenders are required to complete community service hours. This is viewed as a way to “pay back” the community without facing jail time.
Navigating a First-Time DUI Charge in Texas
Several factors can influence whether you face jail time for a first-time DUI charge in Texas. If there are aggravating factors present such as your BAC level and any incidents involving minors or accidents, the possibility for jail time becomes higher. However, there are alternatives available, like probation or alcohol education programs, that can help you avoid jail altogether.
Having a skilled attorney by your side in a DUI case can be extremely valuable. They can advocate for you and work to reduce penalties, making a tough situation more manageable. If you’re dealing with a DUI charge, don’t hesitate to reach out to C.L. Swisher Legal Group. Our experienced team in Houston, TX, is here to help you navigate this challenging time and find the best path forward.
