In Texas, DWI (Driving While Intoxicated) refers to operating a vehicle with a blood alcohol concentration of 0.08% or higher. DUI (Driving Under the Influence) typically applies to drivers under 21 with any detectable alcohol in their system. Both offenses can have serious consequences, including fines, license suspensions, jail time, and long-term impacts on your criminal record. Understanding the penalties associated with DUI and DWI convictions in Texas is important for anyone who may be facing these charges, as they can have harmful effects. In this blog, we will be discussing the potential penalties associated with DUI/DWI convictions in Texas
Overview of DUI/DWI Laws in Texas
Texas has many different laws related to DUI/DWI to ensure the safety of drivers.
Here are a few laws and regulations they have set in place:
1. Legal Blood Alcohol Concentration (BAC) Limits
- DWI for Adults: A BAC of 0.08% or higher is considered legally intoxicated for drivers aged 21 and over.
- DUI for Minors: Texas has a zero-tolerance policy for underage drinking and driving. For drivers under 21, any detectable amount of alcohol in the system is illegal and can result in a DUI charge.
2. Implied Consent Law: Texas operates under an implied consent law, meaning that by driving on Texas roads, drivers automatically consent to breath or blood tests if suspected of DWI. Refusing these tests can lead to immediate license suspension and additional penalties.
Penalties for First-Time DUI/DWI Offenders
In Texas, a first-time DUI or DWI conviction has a range of penalties designed to penalize the offender and deter future violations:
- Fines: First-time offenders can face fines up to $2,000. The amount may increase if other factors are present, such as a high blood alcohol concentration or having a minor in the vehicle at the time of the offense.
- Jail Time: A first-time DWI conviction can result in jail time ranging from 3 to 180 days. The duration depends on the circumstances of the offense.
- License Suspension: For first-time offenders, the driver’s license may be suspended for up to 180 days. The duration of the suspension depends on factors such as refusal to submit to a chemical test.
- Community Service: First-time offenders are typically required to complete between 24 and 100 hours of community service. The specific number of hours is determined by the court and may be influenced by the details of the case.
- Probation: Probation is a common penalty for first-time offenders, lasting up to two years. During probation, the offender must follow specific conditions set by the court, such as attending alcohol education programs, reporting to a probation officer, and avoiding further legal trouble.
Penalties for Repeat Offenders
In Texas, the penalties for repeat DUI/DWI offenders are harsher than those for first-time offenders. The state imposes stricter consequences to deter repeat offenses and protect public safety such as:
- Increased Fines: Repeat offenders face much higher fines compared to first-time offenders. For a second offense, fines can reach up to $4,000. For a third offense, fines can go up to $10,000.
- Longer Jail Sentences: Jail time increases substantially with each conviction. Second offenders may face 30 days to one year in jail, while a third or higher offense can range from two to 10 years.
- Extended License Suspension: The length of license suspension also increases for repeat offenders. For a second offense, the license can be suspended for up to two years, whereas a third offense or higher can be suspended for two years and have to install an ignition interlock device (IID) on their vehicle as a condition of regaining driving privileges. The IID prevents the car from starting if the driver has alcohol on their breath.
- Additional Community Service: Repeat offenders are required to complete a higher number of community service hours. A second offense can require anywhere from 80 to 200 hours of community service and can be increased further for any additional offenses.
- Mandatory Alcohol Education and Treatment Programs: Participation in alcohol education and treatment programs becomes mandatory for repeat offenders. Offenders typically must complete these programs for probation or parole, and failure to comply can lead to additional penalties, including extended jail time or further restrictions on driving privileges.
Seek Legal Help With DUI/DWI Convictions
Texas imposes strict penalties on DUI/DWI offenders to protect the community and other drivers. These penalties increase with each offense, aiming to deter future violations and encourage offenders to take their actions seriously If you are facing a DUI/DWI conviction, contact C.L. Swisher today or schedule a consultation. We strive to find a resolution that minimizes the impact on your future.
