What Are The Regulations In Texas Regarding Dui as well as Drunk Driving?
Learn the Texas Law Consequences
Driving while under the influence of drugs or alcohol in Texas is a crime that can lead to severe legal consequences.
Authorities are actively looking for people who violate the law, and many drivers are surprised to learn that they can be accused of DWI even after only one or two drinks.
Drivers may be arrested in some instances for DWI, even though their blood alcohol content (BAC) is less than the legal limit.
An experienced Houston DWI defense attorney can often help you reduce the potential consequences of being accused of drunk driving.
A skilled lawyer might be able to get the case against your dismissed. The charges could be reduced to a lesser crime or dropped by the state because there is no evidence or illegally obtained evidence. They can also push for the dismissal of the case against the state.
DUI Penalties for Minors
For the purposes of DWI and other laws involving alcohol, Texas law defines anyone under the age of 21 as a "minor." Minors are prohibited from driving a motor vehicle with any detectable amount of alcohol in their systems.
For a first offense, minors who are caught driving under the influence face:
- Fines
- Probation
- Their right to drive is lost
- Enrollment in an alcohol education class is mandatory
- Service to the community
- Ignition interlock device installation
The penalties for each subsequent offense are more severe and can often include jail time. An experienced Houston DUI defense attorney can help minimize these and other long-term consequences minor DUI offenders might face.
DWI Penalties for Adults
The penalties in Texas associated with DWI have grown increasingly harsher over the past few decades. Although there are many factors that can affect the severity of DWI penalties, the most important is the number of prior offenses and your blood alcohol content (BAC).
Here are some details about the possible penalties for driving while impaired by drugs or alcohol.
Texas DWI First Offense Penalty
You could be sentenced to a maximum of $2,000 for your first DWI offense in Texas and may spend anywhere from three to 180 days in jail. Additionally, your license may be suspended for up to two years and there may be an annual surcharge of as much as $2,000 to keep your license for three years.
You may also be required to install an ignition lock device on your vehicle and participate in a DWI education or intervention program.
Second DWI Offense in Texas
The penalties for a second DWI offense in Texas are significantly higher after a first offense. A second DWI offense could result in fines of up to $4,000 and a jail sentence of one month to one year.
A second DWI conviction can result in a license suspension of up to 2 years. There may also be an additional $3000 per year surcharge. You may also be required to install an ignition lock device in your car and participate in a DWI intervention program.
Texas Third DUI
A Texas third offense or subsequent offense can result in a $10,000 fine. Additionally, offenders can be sentenced to between 2 and 10 years in state jail and their license may be suspended for up to 2 years.
A surcharge may be assessed up to $2,000 per year over three years. Finally, you may also be required to install an ignition interlock device in your vehicle and participate in a DWI intervention or education program.
DWI Crimes & Injury to Others
The Texas legislature has defined certain crimes involving DWI that involve injury or the risk of injury to others.
These include:
- DWI in a vehicle with a minor under 15 years old
- Intoxication assault
- Manslaughter by intoxication
- These offenses can be prosecuted under different codes than DWI law, and could result in much more severe consequences.
Additionally, there are other "enhanced offenses" defined by the law, including injuring a firefighter, peace officer, or other emergency medical personnel, or causing a traumatic brain injury that results in a persistent vegetative state.
Refusing chemical testing can result in severe penalties
The "implied consent rule" applies to anyone who drives a motor car in Texas. It states that by getting a driver's licence and driving a vehicle in Texas, you consent to a chemical test in the event that a law enforcement officer suspects you are under the influence.
If you refuse to take the test, your license could be suspended. This suspension is separate from the criminal component of a DWI case. It can lead to a license suspension of up to 90 days or two years.
After refusing a chemical testing, drivers will not lose their driver's license. After a refusal, you have 15 days to request an administrative hearing regarding your suspension. You should hire an attorney to request an ALR hearing, at which you can dispute your license suspension.
You can request the hearing within the 15-day period. After that, your suspension will begin 40 days. The administrative hearings are handled by the State Office of Administrative Hearings and can be requested online.
Mandatory Installation of an Ignition Interlock Device
In some cases, a judge will require that an offender install an ignition interlock device. The offender will also have a restriction on his or her driver's license that prohibits him/her from operating a vehicle without such an ignition interlock device. The device must be an approved device and be installed by an approved service provider.
Insurance & Proof of Financial Responsibility - SR-22
People who are convicted of DWI in Texas are required to prove that they have car insurance by filing an SR-22 certificate. This can be done through your insurance company. It provides proof to the state that you have auto insurance that meets state minimum standards.
The SR-22 Certificate must be kept on file by the state for at least two years following your conviction. If it lapses, you will lose your license and the state will cancel your vehicle registration.
An SR-22 will cost you more, and your car insurance rates could rise if they consider you a high-risk driver after a DWI conviction. As a result, a conviction may cause your insurance premiums to significantly increase.
DWI & Commercial Drivers
Drivers of commercial vehicles put everyone at risk. Commercial vehicle drivers often drive trucks or cars that are specifically designed for their use.
As such, they are often much larger and less maneuverable than the passenger vehicles that most of us drive. These characteristics can make them capable of causing serious injury if they are involved in accidents. Furthermore, commercial drivers are often entrusted with the transportation of hazardous materials or even other people.
Due to the inherent dangers associated with commercial vehicle operation, nearly every aspect of this industry is regulated and licensed by the federal government.
Federal Motor Carrier Safety Administration regulations state that a commercial driver's licence (CDL), is subject to a.04 blood-alcohol content limit (BAC) when operating a commercial vehicle. This is significantly less than the.08 BAC limit for non-commercial drivers.
CDL holders who have been found to be under the influence of drugs and alcohol can be disqualified from driving commercial vehicles for one year. If the driver operates a commercial vehicle that transports hazardous materials, he or she can be disqualified for three years.
Other types of offenses that may result in disqualification from driving a commercial vehicle include:
- Chemical test refusal
- Leaving the scene of an accident
- Operating a commercial vehicle with a BAC of 0.04 or more
- Operating a motor vehicle under the influence of a controlled substance
CDL License Holders DWI and related offenses can result in severe fines, your CDL licence being revoked, jail time, or in the case for commercial drivers, inability to earn a living, and possibly the end of your career.
As a result, it is extremely important that commercial drivers who are facing allegations of DWI discuss their options with an experienced DWI defense attorney as soon as possible.
Comments
Post a Comment