Texas DWI Laws, Penalties and Records

While both DUI and DWI amount to similar offenses, the state of Texas distinguishes between the two. Underage individuals guilty of driving after consumption of alcohol are considered to be violating the DUI code of the state whereas a Texas DWI offender is normally an adult convicted of violating the traffic laws while intoxicated by either alcohol or drugs that are addictive in nature.

Alcohol related vehicle mishaps are common in the state of Texas and the number of cars involved in crashes is substantially high despite the various measures taken to educate drunk drivers. It has been conclusively proved that almost 28 percent of these accidents occur due to drivers violating the Texas DWI laws. The new laws pertaining to DWI violations have been made stricter empowering local law enforcement authorities to order a blood test for detecting the presence of alcohol without the necessity of producing a warrant to do so.

Texas DWI Laws

Driving with a blood alcohol concentration of 0.08 percent or above is considered to be an offense in the state of Texas. The permissible level of BAC is considerably reduced at 0.04 percent for drivers operating commercial vehicles as per the new Texas DWI law. Youngsters below the age of 21 are discouraged from committing such an offense by the laws governing the state of Texas. The zero tolerance law is applicable in Texas and an underage driver found to be operating a vehicle with a BAC level exceeding 0.02 percent is violating the DWI law of the state.  Driving while intoxicated by drugs like marijuana, cocaine, or other addictive substances is considered a DWI violation.

The implied consent law holds in the state of Texas. Any individual possessing a driving license is automatically assumed to have given his/her consent for being tested for the presence of alcohol. A person who refuses to subject himself to the various chemical analysis may find his license suspended for an appreciable period of time. Certain other punitive measures are imposed on the driver for refusing to be tested. View the Texas Driver’s Handbook online at http://www.txdps.state.tx.us/ftp/forms/DLhandbook.pdf to learn more about the existing Texas DWI laws in the state. It is also possible to visit the Texas Department of Public Safety at 5805 North Lamar Blvd, Austin, Texas 78752-4422 in order to obtain more information about the prevalent DWI laws of the state.

Driving while intoxicated with a child as a passenger is considered to be an offense under the state statutes of Texas. A person convicted of such an offense is liable to have his driving license suspended immediately.

Penalties for DWI

The penalties imposed for violating the DWI laws of the state are severe. While a first time offender is charged with a $2,000 fine and a minimum of 72 hours in jail, the punishment meted out to an offender guilty of DWI for the second time is much more severe as the fine amount is doubled to $4,000 and the minimum period of incarceration increases to 30 days instead of a few hours.

Suspension of driving privileges is a penalty and most DWI offenders are required to install an ignition interlock device regardless of it being the first or the second offense. Committing the same offense consecutively for three times will get you in serious trouble. A third time DWI offense is considered to be a felony of the third degree instead of a misdemeanor. A DWI violator convicted for the third time will have to pay a fine of $10,000 along with serving a period of 2-10 years. Driving privileges are suspended for 2 years in such instances and the offender is directed by the court to install an ignition interlock device at his own expense.

DWI Records

Details of DWI offenses are recorded and can be retrieved by accessing the driving records of an individual. It is possible to order your own record online by accessing the Texas Department of Public Safety at https://www.texasonline.state.tx.us/tolapp/txldrcdr/TXDPSLicenseeManager.

Records can be ordered by mail through the DR1- Request Form. Send the form to Driver Records Bureau, Texas Department of Public Safety, Box 149246, Austin, TX 78714-9246.

You will have to submit the specified form along with the written consent of the concerned individual in order to obtain the DWI records of a third person.