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DWI (Driving While Intoxicated/Impaired)

Texas DWI Laws, Fines, Penalties, and Common DWI Situations

At Scott M. Brown & Associates, we understand the stress and confusion that comes with a DWI (Driving While Intoxicated) charge in Texas. DWI laws in the Lone Star State are complex and the penalties can be severe, affecting your personal life, career, and financial stability. Our goal is to help you navigate these murky waters and fight for the best possible outcome in your case.

What are Texas DWI Laws?

In Texas, it is illegal to operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for those under the age of 21, any detectable amount of alcohol is grounds for a DWI charge.

Driving under the influence of drugs, including legal prescription medication, marijuana, and illegal substances, is also considered DWI if the substance impairs the driver’s ability to operate a vehicle safely. This law applies regardless of whether the drug is legal or illegal, prescription or over-the-counter.

If you drink and drive in Texas you should know these Texas Penal Code sections:

  1. Texas Penal Code Section 49.04 – Driving While Intoxicated: This section states that it’s illegal to operate a motor vehicle in a public place while intoxicated, which is defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having a blood alcohol concentration of 0.08% or more.
  2. Texas Penal Code Section 49.045 – Driving While Intoxicated with Child Passenger: This section states that if a person is driving while intoxicated and has a passenger in the car who is younger than 15 years old, the offense is a state jail felony.
  3. Texas Penal Code Section 49.07 – Intoxication Assault: This section outlines the law related to causing serious bodily injury to another person as a result of operating an aircraft, watercraft, or motor vehicle while intoxicated. This is a third-degree felony.
  4. Texas Penal Code Section 49.08 – Intoxication Manslaughter: This section explains the law related to causing the death of another person, including an unborn child, as a result of operating an aircraft, watercraft, or motor vehicle, or operating or assembling an amusement ride while intoxicated. This offense is considered a second-degree felony.
  5. Texas Penal Code Section 49.09 – Enhanced Offenses and Penalties: This section outlines the enhanced penalties for repeat DWI offenses and for those convicted of intoxication manslaughter. For example, a person who is convicted of a second DWI offense within five years of the first must serve a minimum of five days in county jail as part of any sentence of community supervision.
  6. Texas Transportation Code Section 724.011 – Consent to Taking of Specimen: This section of the Texas “implied consent” law stipulates that any person who is arrested for a DWI in Texas is deemed to have given their consent to provide a specimen of breath or blood for analysis.

Each of these sections has specific language and stipulations. If you’ve been charged with a DWI offense in Texas, it’s crucial to consult with an experienced DWI attorney to understand the potential implications fully.

What are the DWI Fines and Penalties in Texas?

The penalties for a DWI conviction in Texas depend on the number of offenses a person has been charged with and other specific circumstances of the case. A first-time DWI offense can result in a fine of up to $2,000, a jail sentence between 3 days and 180 days, and a driver’s license suspension for up to a year.

Second-time offenders can face a fine of up to $4,000, a jail sentence between 1 month and 1 year, and a driver’s license suspension for up to 2 years. A third offense carries a fine up to $10,000, a prison sentence between 2 and 10 years, and a driver’s license suspension for up to 2 years.

In addition to these penalties, all convicted DWI offenders must pay an annual fee for 3 years to retain their driver’s licenses.

What are Common DWI Situations?

DWI charges often arise from routine traffic stops, sobriety checkpoints, or following a vehicle collision. Texas law enforcement officers are trained to identify signs of intoxication such as erratic driving behavior, slurred speech, a smell of alcohol, or failing a field sobriety test. In some cases, an officer may use a breathalyzer or request a blood test to determine a driver’s BAC.

How Can I Defend Myself Against DWI Charges?

If you are facing a DWI charge in Texas, it is crucial to seek experienced legal counsel as soon as possible. A skilled criminal defense attorney can evaluate the details of your case, including the legality of the traffic stop, the administration and accuracy of BAC tests, and other factors that may provide a basis for your defense.

At Scott M. Brown & Associates, we are committed to providing aggressive and comprehensive defense strategies for our clients facing DWI charges. Contact us today for a consultation, and let us help you protect your rights, your freedom, and your future.

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