DUI Law in Texas
A simple mistake, like having one drink too many before driving, can quickly spiral into a serious legal issue when flashing lights appear in your rearview mirror.
Texas takes impaired driving seriously, enforcing penalties that range from hefty fines to jail time. These consequences are determined by factors like your Blood Alcohol Content (BAC), prior offenses, and any aggravating circumstances.
This article outlines the potential consequences of a DUI in Texas, and provides a step-by-step guide to help you navigate this challenging time effectively and confidently.
Possible Consequences of a Texas DUI Conviction
In Texas, the consequences of a DUI or DWI depend on the circumstances of your case, including your BAC, prior history, and any aggravating factors. Texas has a zero-tolerance policy for underage drivers, and the legal BAC limit for adults is 0.08%. New offenses or incidents involving injuries or property damage carry significantly harsher penalties.
Paying Fines
If convicted of a DUI or DWI in Texas, fines are one of the most immediate consequences. For a first offense, fines can range from $2,000 to $4,000, depending on BAC levels and additional factors. A second offense can result in fines of up to $6,000, while a third offense may lead to fines of $10,000 or more.
These amounts exclude court costs, administrative fees, and any restitution that may be required for damages caused during the incident. Combined, these costs can create a significant financial burden.
Jail Time
Texas law imposes mandatory jail time for DWI convictions. First-time offenders may face 3 to 180 days in jail, while second offenses carry a sentence of 30 days to 1 year. For a third offense, the penalties are even more severe, with a potential sentence of 2 to 10 years in prison. Aggravating factors, such as a BAC of 0.15% or higher, can further increase jail time.
Probation
Probation is frequently included as part of DUI or DWI sentencing in Texas. Offenders placed on probation must comply with strict conditions, including regular meetings with a probation officer, abstaining from alcohol, attending treatment programs, and performing community service. Probation terms typically last 6 months to 2 years, depending on the severity of the offense.
Violating probation terms can result in additional penalties, including extended probation or imprisonment. Probation is overseen by the local community supervision and corrections department.
Drug and Alcohol Education Program
DUI and DWI offenders in Texas are often required to complete state-approved alcohol education or treatment programs. First-time offenders must attend a 12-hour DWI education course, while repeat offenders may be required to participate in a 32-hour DWI intervention program. Program costs generally range from $150 to $500, depending on the length and intensity.
For offenders deemed to have a dependency issue, the court may mandate additional treatment, such as a substance abuse evaluation or participation in a long-term rehabilitation program.
Suspension or Loss of License
A DWI conviction in Texas results in automatic license suspension. First-time offenders face a suspension period of 90 days to 1 year, while repeat offenders can lose their driving privileges for up to 2 years.
To reinstate your license, you must complete all court-ordered requirements, pay reinstatement fees, and in many cases, install an ignition interlock device (IID). The IID requires you to pass a breath test before the vehicle can start, ensuring that you’re sober while driving.
What Should You Do When Charged With a DUI in Texas?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With Texas DUI Law
If you’re facing a DUI or DWI charge, your priority should be to contact an experienced attorney. A local lawyer can evaluate your case, identify potential defenses, and guide you through the legal process.
Step 2: Learn About Your State’s DUI Laws
Texas has specific laws regarding DUI and DWI offenses, including enhanced penalties for high BAC levels or multiple convictions. Understanding how these laws apply to your case is essential, and an attorney can provide clarity and guidance.
Step 3: Request a DMV Hearing
You have 15 days from the date of your arrest to request a hearing with the Texas Department of Public Safety to contest your license suspension. Missing this deadline will result in automatic suspension.
Step 4: Prepare for Court Appearance
Your attorney will help you prepare for your court appearance, whether you plan to plead guilty, seek a reduced sentence, or contest the charges. Building a strong defense involves gathering evidence, reviewing police procedures, and identifying any weaknesses in the prosecution’s case.
Step 5: Receive Sentencing or Exoneration
If convicted, completing all court-ordered requirements promptly is critical. This includes paying fines, attending programs, and complying with probation terms. Timely compliance ensures that you avoid additional penalties and begin the process of moving forward.
Work with an Experienced Local DUI Lawyer in Texas
Should you ever find yourself charged with a DUI, you need to work with an experienced Texas lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you in Texas today. We can even help you connect with legal help across Texas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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