Texas DUI Laws

DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) will be treated by Texas courts as either a misdemeanor or a felony, depending upon the circumstances of the DWI case, and the prior record of the accused.

DWI and "Intoxication" under Texas Law:
Driving while intoxicated (DWI), when a first offense, is a Class B Misdemeanor. The applicable Texas Penal Code section provides that "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place."

Jury trials are available to those accused of DWI or DUI in Texas. In order to gain a DWI conviction, the prosecutor must convince all jurors of the defendant is guilty of drunk driving beyond a reasonable doubt.

"Operate" has a different definition than actually driving down the road. It includes being in control of a vehicle even if parked and not running at the time of the offense. If one is in the driver's location of a stationary vehicle and has the keys close at hand so as to be capable to put the vehicle in motion, it would be considered "operation" and thereby an offense in New Hampshire. Many cases in New Hampshire have dealt with various aspects of whether the vehicle was on private property, actually moving, driver actually in driver's seat, keys actually in the ignition and other aspects of operation. A new addition to the code will make actual physical control of the vehicle an offense.

"Vehicle" is also broader than the limited application to a car. It includes a motorcycle or bicycle or any device that is moved by power other than human power. Courts have determined that a mounted bicycle, golf cart, tractor, riding lawnmower and other devices are included in the definition of "vehicle". Obviously motorized wheelchairs are excluded. It should be noted here that there are separate code sections for the operation or physical control of watercraft under the influence and it has its own set of definitions.

"Under the influence of alcohol" means that a person consumed some alcohol, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the person's actions, reactions and mental processes under the circumstances then existing and deprived him of the clearness of intellect and control of himself which he would otherwise have possessed. The question is what effect did any alcohol consumed by the person have on him at the time and place involved. If the consumption so affected the nervous system, brain or muscles of the person so as to impair to an appreciable degree his ability to operate the vehicle, the person was under the influence. "Appreciable" means noticeable or perceptible.

Highlights of Texas' DWI Law
Here are highlights from Texas law on driving while intoxicated (TX Transp. Code Ch. 49.04). Click on the links for further explanation of the legal terms associated with drunk driving in Texas.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .00

Enhanced Penalty BAC Level: .15

Implied Consent Law: Yes

License Suspension 1st Offense: 90 days

License Suspension 2nd Offense: 180 days

License Suspension 3rd Offense: 180 days

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: No

Mandatory Assessment/Treatment: No

Possible Ignition Interlock: Possible

Possible Vehicle Confiscation: After 3rd offense

Hardship License while license suspended: No

Open Container Law: For driver and passengers

These are highlights of the main provisions of Texas law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in Texas, contact an attorney in your area to determine you rights and responsibilities.

Source: TX Transp. Code Ch. 49.04

Punishment In Texas DWi/DUI Cases

The punishment for a Texas drunk driving conviction can be harsh. A first-offense DWI conviction is punishable by 72 hours to six months in jail, a fine of up to $2,000, and 24 to 100 hours of community service. The driver also will be required to undergo an alcohol evaluation and education program and be placed on probation.

A driver arrested on a second-offense DUI faces a longer jail sentence and larger fine, as well as the requirement of an ignition interlock device as a condition of bail. The driver also faces alcohol evaluation and education and community service.

Third-time and subsequent offenses within 10 years are charged as felonies in Texas. The driver faces a 10-year prison sentence and will be treated as a convicted felon upon release, meaning he or she will lose the right to vote and own firearms.

Texas has a 10-year “washout” period for drunk driving offenses, meaning that a motorist arrested for drunk driving more than 10 years after a prior conviction will be charged with a first-time drinking and driving offense. If the driver has a prior conviction within 10 years of a current offense, he or she will be treated as a multiple offender.

A driver under the influence of any intoxicating substance – legal or illegal – can be convicted of DUI / DWI. It doesn’t matter if the ingested substance was a prescribed drug; any substance, legal or illegal, that deprives a driver of the normal use of mental or physical faculties can lead to a conviction for driving under the influence in Texas.