Texas DUI and DWI Laws

In Texas, driving while intoxicated (DWI) is the charge that will be brought against you if you were driving while drunk. The state uses your blood alcohol concentration (BAC) to determine whether you’re too intoxicated to operate a motor vehicle. The acceptable BAC will vary depending on age. There are a variety of seriousness of DWI offenses, and the consequence are different depending on the circumstances.

Blood Alcohol Concentration (BAC)

In Texas, if you are 21 years old or older, you will get a DWI offense if your BAC is 0.08% or above. A commercial drivers will get a DWI offense if his BAC is at or above 0.04%. An individual under the age of 21 with any detectable amount of alcohol will receive a DWI offense.

DWI Penalties

Texas DWI penalties are based on factors that include the driver’s age and license type. Penalties can be increased due to certain circumstances, such as having other passengers in the vehicle, or horrific events like death.

DWI penalties for individuals over 21 years of age include:

  • Fines, surcharges (also tack on court costs and lawyer fees).
  • License suspension or revocation
  • Community service.
  • Imprisonment (even for a first offense).
  • DWI education and intervention programs.
  • More expensive car insurance, depending on your provider.

Texas assigns DWI penalties according to the offense number and other situation-specific factors. Fines, imprisonment, the length of license suspension, and other surcharges are increased for the second, and any subsequent, DWI offenses.

Even if it is your first DWI offense, if you are drunk driving with a child younger than 15 years old in your vehicle, you face up to a $10,000 fine, jail time of up to 2 years, and license suspension for 180 days.

The most extreme DWI offenses are intoxication assault and intoxication manslaughter. You can be charged with intoxication assault if you caused serious bodily injury to another person while driving under the influence of alcohol. You can be charged with intoxication manslaughter if you killed another individual while operating a motor vehicle under the influence. If an individual kills or injures our clients due to DWI, we prosecute the civil portion of the case while law enforcement authorities prosecutes the criminal portion of the case.