Penalties Under Texas DUI Law

In Texas, you will be held and arrested if you are found to be driving while legally intoxicated. According to Texas DUI Law, the legal limit of DUI is below 0.08% of blood alcohol concentration or BAC. A driver can also be held for intoxication due to other narcotics like cocaine, marijuana, or other controlled substance.

Texas law does not allow drivers to drive with open container of alcohol in the car either. If you are found with one, whether you are the driver or the passenger, you will be fined an amount no less than $500. The laws and penalties are described at http://www.txdps.state.tx.us/ftp/forms/DLhandbook.pdf.

When you are asked to stop by the police, be ready to show the necessary proofs of driver's license, vehicle registration, and insurance. It is recommended not to refuse the chemical test to calculate the BAC. It results in immediate suspension of your driving permit for six months. If you are proven guilty in the court, there will be additional penalties as well as a specific term of license suspension.

Texas DUI Penalties

The penalties of drunk driving in Texas depend upon the number of times you have committed the offense. The first DUI offense in Texas results in a fine up to $2000. It can rise up to $10,000 if the driver carries a minor under 15 years of age with them in the car. The monetary fine can accompany jail time of a minimum of 72 hours and maximum of six months. With a child below 15 years of age in car, the imprisonment term increases to maximum two years. The driver's license would be suspended for at least three months to one year. As per Texas DUI laws, first time offense is a misdemeanor.

If the first time offense of DUI has resulted in the serious injuries to someone else, it is termed as intoxication assault under Texas DUI law, and it is a third degree felony. The minimum period to be served in jail is two years and maximum of ten years. The driver also needs to pay a fine of $10,000. If the offense causes death, it is considered to be intoxication manslaughter, and the punishment for this crime is imprisonment of two to twenty years with a fine of $10000. This is a second degree felony.

For second drunk driving convictions in Texas, the fine amount increases to $4000. The minimum span a driver must spend in jail increases to a month and the highest limit increases to one year. Both a fine and imprisonment term remain the same as the first conviction, even with a child below 15 years of age in the car. The lowest limit of license suspension becomes six months and highest for two years.

In certain cases, the court may order the offender to install the ignition interlock device in their car at his or her own expense. This is also a misdemeanor type of offense.

The third offense within six years is considered to be a felony offense of third degree. The fine amount raises to $10,000, and the offender may end up spending at least two years in prison, which may extend up to ten years. Suspension of the driver's license for two years and mandatory installation of ignition interlock device are other penalties for the third time offender. For DWI, there are separate surcharges as well, depending on the BAC level at the time of arrest.

Texas DUI BAC Levels

Texas DUI laws restrict the minimum legal limit of BAC in an adult driver of personal vehicle below 0.08%. For commercial vehicles it must be below 0.04%. And, for the under-age drivers, that is the drivers below 21 years of age, the BAC level must be below 0.02%.

Texas Implied Consent Law

Like all other states, there is an Implied Consent Law in Texas as well. According to this law, every driver held for driving under the influence of alcohol or any other drugs gives implied consent for chemical test to determine BAC. Upon refusal, the driver's license can be confiscated automatically. Additionally, the refusal would make things worse for the driver during the court hearing. If a driver with a permit for commercial driving refuses to take the test, the license is immediately suspended for one year.

Texas Automatic License Revocation

A relatively new law has been implemented in 1995 called Automatic License Revocation (or ALR). This is the proceeding in which an officer on duty completes prior to any criminal proceeding. ALR is related to the administrative measures taken against the offender of the DUI in Texas. It is the duty of the law enforcement personnel to determine whether there has been justified suspicion to ask a driver to stop, and, at the same time, have probable cause to take him or her under arrest for a DUI or not.

An in field sobriety test is taken. If the driver fails, he is taken to the office of the sheriff or the police station where a breath test is taken to determine BAC. Upon failing the breath test, the driver's license is revoked, and a temporary permit to drive is issued.

Within 15 days of the incident, the driver must make a request for a hearing. In case no hearing is requested, the suspension becomes effective from the 40th day of the arrest. To reinstate the license upon completion of the suspension tenure, the driver is required to pay $125. ALR is applicable for boat riders with more than the allowable BAC levels as well.

Texas Underage DUI Offenses

For the first time offense of an under-21 driver, the penalties are license suspension for two months, a fine of $500, and, at least, twenty hours of community service, which can extend to forty hours. There is an additional and mandatory attendance at an alcohol education program as well.

Driving with containers of wine, beer, or any kind of liquor in the car is a punishable offense if the driver is below 21 years of age. The penalties for such a case is a one-month long suspension of their driver's license, a fine of $500, and community service of eight to twelve hours.

If the individual that is convicted of the DUI is below 18, then their parents must be present in all the hearings of the case. The alcohol awareness program that is mandatory for the minor driver must be attended by the parents as well. If the offender does not attend the program, then their license can be suspended for six more months. If the driver does not receive any other conviction until he gets his license, the record is sealed on his or her 21st birthday.