Texas DWI – Laws and Consequences

As a resident of Texas, you should be familiar with general driving laws and possible consequences associated with those laws. If you or someone you know has recently received a DWI in Texas, you need to understand the laws and consequences surrounding that DWI in order to best know how to proceed.

Regardless of your “alcohol tolerance,” one drink can impair you and can lead to you being arrested and charged with a DWI. The rule of thumb should be that if you drink at all, you absolutely should not drive. It is not worth the risk to yourself and others, and there are plenty of ways to avoid driving if you’ve had too much to drink.

The Laws
A person is legally intoxicated when his or her blood concentration level (BAC) is .08 and he or she can be arrested and charged with a DWI. Even if your BAC is not at the illegal level, if you have had any drugs or alcohol and have impaired driving, you can still be charged with a DWI.

Open Containers
Open container laws prohibit anyone from having an open alcohol container in a vehicle, and regardless if a driver or passenger breaks this rule, the person responsible can be fined up to $500.

DWI with a Child Passenger
If you’re charged with a DWI and have a child under 15 years of age in the vehicle with you, you can also be charged with a state jail felony. Driving while intoxicated with a child passenger can result in additional consequences, including a fine of up to $10,000, up to two years in jail, and/or loss of your driver’s license for up to 180 days.

The Consequences
The consequences associated with a DWI charge will be based on how many prior DWI convictions you have. Here are the consequences based on how many times you’ve been charged with a DWI.

First Offense: Misdemeanor

A fine of up to $2,000
3-180 days in jail
Loss of license for up to 1 year
Annual fee of $1,000-$2,000 for 3 years to keep license

Second Offense: Misdemeanor

A fine of up to $4,000
One month to a year in jail
Loss of license for up to 2 years
Annual fee of $1,000-$2,000 for 3 years to keep license

Third Offense: Third Degree Felony

A fine of $10,000
2-10 years in prison
Loss of license for up to 2 years
Annual fee of $1,000-$2,000 for 3 years to keep license

After you’ve been arrested and charged, you’re likely to experience a variety of emotions. Possibly the biggest among them all, fear. The best way to ease fear and make the most out of a bad situation is to hire a lawyer who is familiar with Texas DWI laws and who has experience representing people who have been charged with a DWI. Charlie Burgess has served Texas for years, and he is here to help you fight your DWI case.