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Information on DUI in Texas

You have 15 days in Texas to request a hearing, or you will automatically forfeit your license for up to a year

All states use either the term DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) to refer to the same type of issue. Texas uses DWI to refer to adults and DUI to refer to minors.  We will use DWI / DUI here, assuming both adult and minor violations.

Your  DWI / DUI is important and must be addressed quickly. Texas is known as a proud state where citizens are happy to call it home.  However, its reputation for exceptionally high DWI incidence is an issue the state is definitely not proud of and is working diligently to correct.  In 2009,Texas led the nation as #1 with 1437 DWI / DUI related traffic deaths,  Though that number has been decreasing each year, these statistical improvements can be directly attributed to the fact that Texas has adopted very strict DWI / DUI laws with high penalties. If you are facing a DWI / DUI in Texas, be aware that the laws are aggressively punitive and it is in your best interest to contact a qualified Texas DWI / DUI attorney right away.

In Texas, as in all states, the legal driving threshold is a BAC (blood alcohol content) of .08.  If you are driving with a BAC of .08 you will be arrested and taken to jail.  If there is a minor in the car with you at the time, your penalties will be significantly enhanced.

If you are stopped by an officer, you are not required by law to answer any questions, but courteous accommodation may prevent later penalties.  It is entirely appropriate to say that you’d prefer to speak to your attorney first. Be advised that you are already likely being recorded and/or videotaped without your knowledge, so be respectful and polite no matter what.  You should be neither combative nor jovial, as the officer is trained to look for these characteristics.  The officer is trying to build a case against you.  It is in your best interest to immediately contact a DWI attorney to represent you in court.  Remember, if you are convicted or receive probation, that probation or conviction will stay on your record forever.  Only if you are found not guilty may you apply to have your court record expunged. Contact an attorney today for a free consultation to get your questions answered and get some peace of mind.

The penalties listed below are called for by statute, are not complete, and can often be removed or reduced significantly with the assistance of a local Texas DUI or DWI attorney.

FIRST OFFENSE PENALTIES
● Incarceration - You’ll spend a minimum of 72 hours and up to six months in jail.  If a minor under 15 is present, jail time increases to a minimum of six months to a maximum of two years.
• Fines – Up to a maximum of $2,000.  If a minor is present, fines increase up to $10,000.
• DWI Surcharge Fee - An additional administrative fee of $1,000 annually for three years.  If your BAC was .16 or higher, the fee will be doubled to $2,000 annually for three years.
• License Suspension -   Your license will be suspended for one year.  In some cases, completion of a court approved Driver Education Program, suspension can be
• Conditional License Application - The court may issue you a license based on “essential need”, but this is usually only done if you’ve been ordered into an alcohol rehabilitation program.
• Community Service -  law mandates between 24 and 100 hours of community service for the first offense.
• Probation -  Between six months and two years at the discretion of the court.

ASSOCIATED COSTS AND CONSEQUENCES
• Bail - First offense, bail is usually set at $500
• Towing - Minimum tow charges are usually around $75 with additional daily rates added while the vehicle is held.
• Insurance -  As you likely know, you can be dropped at any time for any reason by your insurance company.  A DUI - DWI conviction or even arrest may cause alarm.  At the least, plan on your rates going up significantly for the next three to five years after your arrest.

Penalties get worse with every DUI - DWI offense. For a third conviction you will likely receive between two and 10 years in jail, a suspended license for up to two years, a $10,000 maximum fine, and an additional DUI - DWI Surcharge fee of $2,000 per year for three years. Contact a DUI - DWI attorney today for a FREE CONSULTATION.