Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious offense in Texas with consequences that can significantly affect your finances and your freedom. If you’re facing a DUI charge, it’s crucial to understand the potential penalties you’re facing and the legal options you have available. To do that, look at this guide to the drunk driving laws in Texas and learn more about the penalties of DUI in Texas, including fines, license suspension, and even jail time.
What Is Considered a DUI/DWI in Texas?
In Texas, the terms DUI and DWI are often used interchangeably, but there are some essential differences between the two:
- DWI: Operating a motor vehicle in a public place while intoxicated by alcohol, drugs, or both. For adults 21 and over, the standard for intoxication is typically a Blood Alcohol Concentration (BAC) of .08 percent or higher.
- DUI: Typically, a charge handed out to minors (under 21) who operate a vehicle with any detectable amount of alcohol in their system. Texas has a zero-tolerance policy for underage drinking and driving, meaning there is no BAC standard. Any alcohol at all can result in a DUI if you’re under 21.
DWI is the more common and serious charge for adults, while DUI is generally for underage drivers. However, regardless of the terminology, both Texas DWI charges and DUI charges can have serious legal consequences, especially for repeat offenders. Those consequences, like driver’s license suspension, ignition interlock devices, court fines, and jail time, are all part of the strict DWI laws and consequences you could face if convicted.
Penalties for a First DUI Offense in Texas
A first-time DUI offense in Texas is typically classified as a Class C misdemeanor, but this can vary based on the circumstances of the arrest. For instance, if a driver under 21 caused an accident resulting in serious bodily injury, they might face intoxication assault charges, which are third-degree felonies.
Penalties for a first DUI may include the following:
- Fines: Up to $500
- Community service: 20 to 40 hours
- Driver’s License Suspension: 60 days
- Education Programs: Required for the minor and may be required of their parent
Penalties for Second and Third DUI Offenses
Repeat DUI offenders face increasingly severe consequences. Texas law takes prior convictions seriously, and penalties escalate accordingly.
A second arrest is considered a Class C misdemeanor, and it can come with the following penalties:
- Fines: Up to $500
- Community Service: 40 to 60 hours
- Driver’s License Suspension: 120 days
- Education Programs: May be required
Second offenses suggest a growing pattern to judges and prosecutors, which can influence them to impose harsher sentences, particularly if the second offense occurs shortly after the initial arrest.
A third DUI for someone under 17 years of age is a Class Misdemeanor, which carries the following potential penalties:
- Fines: Up to $500
- Community Service: 40 to 60 hours
- License Suspension: 180 days
- Education Programs: May be required, or the case may be transferred to the Juvenile Court
However, if the perpetrator is between 17 and 21 years of age, they can face the following penalties:
- Fines: $500 to $2,000
- Jail Time: Up to 180 days
- Community Service: 40 to 60 hours
- License Suspension: 1 year, or 90 days with installation of an Ignition Interlock Device (IID)
- Education Programs: May be required
Furthermore, the court cannot give a minor a deferred disposition or adjudication for their third offense.
Penalties of DWI in Texas for Adults
A first-time DWI for an adult is a Class B misdemeanor, which carries the following potential penalties:
- Fines: Up to $2,000
- Jail Time: Between 72 hours and 180 days
- License Suspension: Between 90 days and one year
- Education Programs: If ordered
- Ignition Interlock Device (IID): If ordered
For first-time offenders arrested with a BAC of .15 percent or higher, which is well over the BAC limit in Texas of .08 percent, charges can be upgraded to a Class A misdemeanor. This carries more severe penalties (see below).
A second DWI offense is a Class A misdemeanor, which can result in the following:
- Fines: Up to $4,000
- Jail Time: One month to one year
- License Suspension: Up to 2 years
- Education Programs: If ordered
- Ignition Interlock Device (IID): If ordered
A third or subsequent DWI is considered a third-degree felony. Penalties can include the following:
- Fines: Up to $10,000
- Prison Time: Two to 10 years in a Texas Department of Criminal Justice facility
- Driver’s License Suspension: Up to two years, with more hurdles for reinstatement
- Ignition Interlock Device (IID): Mandatory installation for all offenders
Furthermore, a felony conviction creates a permanent criminal record carrying long-term consequences, such as loss of voting rights, gun ownership restrictions, and employment challenges
Aggravating Factors That Increase Penalties
Certain circumstances in a DUI arrest can lead to enhanced charges and harsher penalties, even for the first offense. These are known as “aggravating factors,” and they can include:
- A Child Passenger: Driving under the influence with a passenger under the age of 15 is a state jail felony punishable by 180 days to two years in state jail and up to $10,000 in fines.
- Accident Causing Serious Bodily Injury: Harming someone in a drunk driving accident is considered “intoxication assault,” which is classified as a third-degree felony.
- Accident Causing Death: Fatal drunk driving accidents are considered “intoxication manslaughter,” which is a second-degree felony punishable by up to 20 years in prison.
- Open Container: Having an open alcohol container in your vehicle at the time of the arrest adds a minimum six-day jail sentence.
These factors can not only bring about harsher penalties, but they can also complicate your case and make it more challenging to protect your rights. Prosecutors often push for maximum penalties in cases with aggravating factors, especially those involving injuries or children.
Administrative Penalties by DPS
In addition to criminal penalties, the Texas Department of Public Safety imposes administrative penalties on DUI offenders. This can include a 180-day to two-year license suspension for refusing a breath or blood test and a 90-day to one-year license suspension for failing a breath or blood test.
You have 15 days from the date of the arrest to request a hearing with the Administrative License Revocation program. If you miss this deadline, your license will be automatically suspended.
Contact a Texas DUI Attorney Today
A DUI arrest in Texas is a serious matter that can heavily impact your future. The skilled criminal defense attorneys at My Dallas Criminal Lawyer have the knowledge and experience to help you, fight for your rights, and protect your freedom. Contact us by calling 214-949-4117 today for your free consultation.
